Terms of Use and Privacy Policy

Terms of Use and Privacy Policy (v.1)

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I will be asked to set up and to utilize certain free software tools, programs and/or applications, including, but not limited to, Zoom and Mattermost (a community forum platform) (collectively, “Third-Party Software Providers”), and I will abide by their terms and conditions and I will indemnify and hold the Third-Party Software Providers and Entrepreneur Ready, Inc. (“Provider”) harmless from all damages associated with any failure by me to comply with such terms and conditions.
The email address with which I applied for How To Start Something is the same email I will use for any of the Third Party Providers, including, but not limited to, for a Zoom and/or my community forum account.
All online workshops and other live sessions will be recorded for the sole purpose of use in future training and marketing and my name and likeness and any comments or questions I may ask during those workshops will be part of the recordings.
I agree to the Photo, Video and Audio Rights Release.
I agree to, and will comply with, the Terms of Service.

PHOTO, VIDEO AND AUDIO RIGHTS RELEASE

BY CLICKING THE ″ACCEPT″ BUTTON, OR UTILIZING THE TRAINING SERVICES, I, THE USER OF SUCH SERVICES (“END USER”) ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS PHOTO, VIDEO AND AUDIO RIGHTS RELEASE (“RELEASE”).
End User does hereby grant Entrepreneur Ready, Inc. (“Provider”) the right to record, display, exhibit, and otherwise use audio, video, photographs and/or images taken of End User while End User is participating in the “How To Start Something Accelerator” program (collectively referred to as the “Audio/Video/Photos”) for use by the Provider’s as content in providing and marketing future training classes and related technology.
End User does hereby release Provider, its employees, agents, associates, successors and assignees, from any and all claims for damages or compensation or libel, slander, invasion of the right to privacy, or any other rights, claim or liability based on the use of the Audio/Video/Photos as specified above.
End User does hereby waive any right to inspect, approve or edit the Audio/Video/Photos or any material used in connection therewith.
End User attests that it has voluntarily agreed to be videotaped, photographed and recorded and that this document contains the entire and complete agreement concerning the use and preservation of the videotaping, imagery and sound recordings.
End User affirms that he/she is NOT UNDER THE AGE OF 18.

TERMS OF SERVICE

AGREEMENT

(a) These terms of Service (“Terms of Service”) establish an agreement between an authorized user (“End User”, “you” or “your”) [RM1] and Entrepreneur Ready Inc. (“Licensor” or “Company”) having its principal place of business at 23632 Highway 99 Suite F381 Edmonds Washington 98026, sets out the terms of understanding with respect to the services and access and use by the End User of the software as a service platform (“SaaS Platform”) hosted and published by the Licensor.
(b) These Terms of Service will be read in conjunction with the Privacy Policy statement published by the Licensor at http://howtostartsomething.com (“Privacy Policy”), which describes the ways the Licensor collects information from and about the End User, and the manner in which the said information is used; the terms of the Privacy Policy shall be deemed to be incorporated in to these Terms of Service and except as otherwise expressly set out in the Privacy Policy, the provisions set out in these Terms of Service will govern.
(c) End User acknowledges they will be asked to set up and to utilize certain free software tools, programs and/or applications, including, but not limited to, Zoom and Mattermost (a community forum platform) (collectively, “Third-Party Software Providers”). End User agrees to abide by and remain in compliance with their terms and conditions and to indemnify and hold the Third-Party Software Providers and Licensor harmless from all damages associated with any failure by End User to comply with such terms and conditions.
(d) The term “Party” shall mean either the Licensor or the End User and the term “Parties” shall mean both of them.

INDIVIDUAL USE AND TERM

(a) The End User agrees and acknowledges that the license granted herein is a single Seat license. The term "Seat" as used herein means a personally linked computer install and activation codes such that a Seat is unique to a single individual End User and once activated may not be transferred to another individual.
(b) The End User may access the SaaS Platform only during the “Term” as set forth in the End User order (“End User Order”) references this Terms of Service.

PERMITTED USE

(a) The End User is hereby granted a limited, non-transferable, non-exclusive right to access the SaaS Platform solely for End User’s own internal use solely to perform those functions as described in the documentation that is available with the SaaS Platform. You will have access and use of the SaaS Platform only for as long as you are a deemed by Licensor (at Licensor’s sole discretion) to be a valid Launcher in a then current the How To Start Something Accelerator program. Your access will be terminated thereafter. Licensor reserves all rights not specifically granted herein. End User shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the content or other materials accessed through the SaaS Platform or otherwise, including but not limited to any printed documents therefrom. The delivery of, and license to, the SaaS Platform and/or access to third party materials does not transfer to you any commercial or promotional use rights in the content or any portion thereof, provided that Provider’s documents may be printed provided that they are used only for internal purposes and any Provider markings are retained without modification. While Licensor uses reasonable efforts to include accurate and up-to-date information on the SaaS Platform, Licensor makes no warranties or representations as to its accuracy. Licensor assumes no liability or responsibility for any errors or representations in the content or the SaaS Platform.
(b) The End User agrees and acknowledges that the Licensor shall have the ability to monitor and track, the utilization of the Seat license. The End User agrees and acknowledges that Licensor shall have the right to suspend and/or terminate the access of the End User to the SaaS Platform, if it reasonably determines that the End User is in breach of any of the terms hereof, including by subverting the number or manner of use of the Seat license or transferring the Seat license to a separate individual.
(c) The End User agrees and acknowledges that the Licensor is not responsible for any failure of the telecommunications network or other communications links utilized to gain access to and use the SaaS Platform by the End User. Licensor is in no manner responsible to the End User for any damages, expenses or loss suffered by it due to the failure of the telecommunications network or other communications links utilized to gain access to and use the SaaS Platform. The End User has independently evaluated the SaaS Platform and its suitability for End User’s needs.
(d) The End User shall not commit any Abuse of the SaaS Platform. The term “Abuse” as used in this Section 3(d) includes, but is not limited to, the End User’s access and use of the SaaS Platform in a manner that:

(i) permits use of the SaaS Platform by third-party entities in a manner that subverts their need to purchase an independent license;
(ii) allows the Seat license to be used by an individual other than the End User;
(iii) initiates or attempts to introduce any virus or malicious code into the SaaS Platform,
(iv) tampers or attempts to tamper with security features of the SaaS Platform or any component thereof;
(v) engages in any activity that interferes with or disrupts the SaaS Platform (or the servers and networks which are connected to the SaaS Platform);
(vi) fails to maintain the security of End User’s authentication credentials;
(vii) any use of data mining, robots, or similar data gathering and extraction tools;
(viii) framing any portion of the SaaS Platform or any materials contained therein.

(e) End User shall not transmit to Licensor or upload to the SaaS Platform or Third-Party Software (as defined below) any Harmful Code. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.

CONFIDENTIALITY

(a)
(i) “Confidential Information” includes all technical, product, business, financial, and other information regarding the business and software programs of Licensor, its customers, employees, investors, contractors, vendors and suppliers, including but not limited to programming techniques and methods, research and development, computer programs, documentation, marketing plans, customer identity, and business methods.
(ii) Without limiting the generality of the foregoing, Confidential Information shall include all information and materials disclosed orally or in any other form, regarding software products or software product development, including, but not limited to, the teaching techniques, data organization, data classification techniques, user interface, applications programming interfaces, data modeling and management techniques, data structures, and other information of or relating to a Licensor’s software products or derived from testing or other use thereof.
(iii) Confidential Information includes information generally not publicly known, whether tangible or intangible and in whatever form or medium provided, as well as any information generated by a party that contains, reflects, or is derived from such information.

(b) Confidentiality of SaaS Platform.

This SaaS Platform is not made available to the general public. The SaaS Platform is confidential and is deemed Licensor’s Confidential Information with or without marking or further written confirmation and includes but is not limited to the following:

(i) the SaaS Platform and other related materials furnished by Licensor;
(ii) the oral and visual information relating to the SaaS Platform and provided in Licensor’s training classes and related materials; and
(iii) Licensor’s teaching methods.

(c) Ownership of Confidential Information.
(i) Nothing in these Terms of Service shall be construed to convey any title or ownership rights to the SaaS Platform or other Licensor’ Confidential Information or to any patent, copyright, trademark, or trade secret embodied therein, or to grant any other right, title, or ownership interest in Licensor’s Confidential Information to the End User.
(ii) End User shall not, in whole or in part, sell, lease, license, assign, transfer, or disclose the Confidential Information to any third party and shall not copy, reproduce or distribute the Confidential Information except as expressly permitted in these Terms of Service.
(iii) Suggestions, solutions, feedback, improvements, corrections and other contributions by End User regarding the SaaS Platform features ("End User Contributions") shall be owned by Licensor. The End User hereby irrevocably assigns and transfers to the Licensor, all worldwide rights, interests and title in and to the End User Contributions, together with all rights of action accrued, accruing and to accrue under and by virtue hereof, including the rights to sue.

(d) Non-Disclosure.

The End User agrees that Confidential Information will only be used in connection with the SaaS Platform and will, at all times, use all reasonable efforts to protect Licensor’s Confidential Information. Notwithstanding anything contained hereunder and subject to the confidentiality obligations set forth under this Section 4, all references to the Licensor or its employees under this Section 4 shall be deemed to include such employees of Licensor’s affiliates and subcontractors.

(e) Injunctive Relief.

Each Party acknowledges that any unauthorized disclosure or use [RM2] of the Confidential Information would cause the other Party imminent irreparable injury and that such Party shall be entitled to, in addition to any other remedies available at law or in equity, temporary, preliminary, and permanent injunctive relief in the event the other Party does not fulfill its obligations under this Section 4. There will be no obligation for Licensor to post a bond in order to obtain any such injunctive relief.

(f) Return of Confidential Information.

End User shall, within thirty (30) days of the expiry of the End User Order, return to the Licensor or destroy all copies of Licensor’s Confidential Information and shall certify in writing (signed by an authorized signatory) the delivery or destruction of all Licensor’s Confidential Information and copies thereof.

(g) Licensor reserves all rights not expressly granted in this Terms of Service.

End User agrees that, except as expressly permitted in this Terms of Service, End User will not:

(i) distribute, sell, sublicense, or otherwise make available all or a portion of the Licensor’s Confidential Information or SaaS Platform; or
(ii) copy, alter, modify, translate, reverse engineer (including, but not limited to attempts to determine methods or algorithms used to generate outputs from the SaaS Platform), decompile, disassemble, and/or create derivative works from the SaaS Platform or in any other way use all or any portion of the SaaS Platform except as expressly permitted herein.

(h) End User does hereby grant Provider the right to record, display, exhibit, and otherwise use audio, video, photographs and/or images taken of End User while End User is participating in the “How To Start Something Accelerator” program (collectively referred to as the “Audio/Video/Photos”) for use by the Provider’s as content in providing and marketing future training classes and related technology. End User does hereby release Provider, its employees, agents, associates, successors and assignees, from any and all claims for damages or compensation or libel, slander, invasion of the right to privacy, or any other rights, claim or liability based on the use of the Audio/Video/Photos as specified above. End User does hereby waive any right to inspect, approve or edit the Audio/Video/Photos or any material used in connection therewith. End User attests that it has voluntarily agreed to be videotaped, photographed and recorded and that this document contains the entire and complete agreement concerning the use and preservation of the videotaping, imagery and sound recordings. End User affirms that he/she is NOT UNDER THE AGE OF 18.

(i) Unless you opt-out, End User agrees that your profile and contact information will be available and accessible by search on the SaaS Platform to other participants.

LIMITED WARRANTIES

(a) Licensor represents and warrants:
(i) that it has full right and authority to enter into and perform the obligations under these Terms of Service,
(ii) that the training services will be performed in a good and workmanlike manner.

(b) The End User represents and warrants that it has full right and authority to enter into and perform this Terms of Service and its full and proper performance by the End User does not conflict with any other obligation of the End User.
(c) Except as otherwise specified in this Section 5, NO OTHER WARRANTY OR CONDITION, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OR CONDITIONS RELATED TO FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, IS GRANTED TO LICENSOR OR END USER, AND ALL SUCH WARRANTIES AND CONDITIONS ARE EXPRESSLY EXCLUDED.
(d) Third-Party Software may carry a limited warranty from the third-party publisher or manufacturer of such Third-Party Software. Licensor is not responsible for the fulfilment of any Third-Party Software warranty or problems attributable to Third-Party Software. ALL THIRD-PARTY SOFTWARE IS PROVIDED BY LICENSOR ON AN “AS IS” BASIS. “Third-Party Software" means such third-party software codes, programs or platforms that are incorporated into or work in conjunction with the SaaS Platform that is not proprietary to the Licensor.

LIMITATION OF LIABILITY

(a) Disclaimer of Damages.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALLTHE LICENSOR BE LIABLE FOR LOSS OF DATA, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, OR PROFITS, OR BUSINESS INTERRUPTION) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ATTORNEYS FEES AND COSTS, NEGLIGENCE OR OTHERWISE), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY. FOR CLARITY, LICENSOR’S LICENSORS ARE INTENDED BENEFICIARIES OF THIS LIMITATION BUT LICENSOR DOES NOT ASSUME LIABILITY UNDER THESE TERMS OF SERVICE FOR LICENSOR’S LICENSORS. THE SAAS PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. LICENSOR IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, MALWARE, RANSOMWARE, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS. LICENSOR MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICE.

(b) Monetary Cap.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE LICENSOR’S AGGREGATE CUMULATIVE LIABILITY FOR ANY DAMAGES OR CLAIMS ARISING OUT OF OR RELATED TO THIS TERMS OF SERVICE, THE SAAS PLATFORM, OR IN RELATION TO THE PRIVACY POLICY, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), INDEMNITY, ATTORNEY FEES OR OTHERWISE, EXCEED US DOLLARS TWO HUNDRED ($ 200). THE EXISTENCE OF MORE THAN ONE (1) CLAIM WILL NOT INCREASE OR OTHERWISE ALTER THESE LIMITATIONS OF LIABILITY.

THE LIMITATIONS IN SECTIONS 6(a) AND 6(b) APPLY EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE.

COMPLIANCE WITH LAWS

End User will comply with all applicable international, national, state, regional and local laws and regulations including, without limitation, the United States Foreign Corrupt Practices Act, in performing its duties hereunder and in any of its dealings with respect to Licensor and the SaaS Platform.

(b) Export Compliance, Licenses.

End User agrees that all Licensor offerings, including but not limited to its SaaS Platform, are subject to U.S. export control laws and regulations, including the Export Control Reform Act, the International Emergency Economic Powers Act, the Trading with the Enemy Act, the regulations of the Office of Foreign Assets Control (“OFAC”), the Bureau of Industry and Security, and the Department of State, and similar restrictions under U.S. law, executive order, regulation, or rule ((collectively, the “Export Laws”). End User agrees to comply with all applicable Export Laws in connection with End Users's use of the Licensor offerings and SaaS Platform. End User further agrees that, unless permitted by the Export Laws, it will not allow goods and services of the Licensor to be used by or for the benefit of any person in any jurisdiction that is the subject of an export embargo or similar restrictions under the Export Laws of any other U.S. law, executive order, regulation, or rule. Currently such jurisdictions are Cuba, Iran, North Korea, the territory of Crimea the Donetsk and Luhansk oblasts of Ukraine, Russia, Belarus and Syria, which jurisdictions may change from time to time. Further, Licensor may refuse to provide the Licensor offerings and/or any other services to the End User, to any jurisdiction, or to any other person where the Licensor reasonably believes that the provision of the Licensor offerings or other services to any jurisdiction or person is prohibited by U.S. or other applicable law, executive order, regulation or rule, including but not limited to the Export Laws. Such a refusal will not be considered a breach of this Agreement and, in the event that End User or the jurisdiction in which its organization is incorporated, is domesticated or operates becomes subject to U.S. laws which prohibit the provision of goods, services, technology or other items to End User or such jurisdiction, the provisions of the SaaS Platform under this Terms of Service will automatically terminate. Licensor may ascertain the jurisdiction and/or identity of the person receiving the Licensor offerings or SaaS Platform, by any means of its choosing, including but not limited to an Internet Protocol (“IP”) address look-up technology that is designed to identify the location of the IP address and to block IP addresses located in certain territories.

DISPUTE RESOLUTION

Where there is a dispute, controversy or claim arising under, out of or relating to these Terms of Service, the aggrieved party shall notify the other party in writing of the nature of such dispute with as much detail as possible about the deficient performance of the other party. A representative from senior management of the Licensor shall meet in person or communicate by telephone with the End User within five (5) business days of the date of the written notification in order to reach an agreement about the nature of the deficiency and the corrective action to be taken by the respective parties.

Any dispute, controversy or claim arising under, out of or relating to these Terms of Service and any subsequent amendments of these Terms of Service and the Privacy Policy, including their formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to mediation in accordance with the then-current WIPO Mediation Rules. The language to be used in the mediation shall be English. Section 8(b) shall not be construed to limit either Party’s right to provisional or ancillary remedies from a court of competent jurisdiction before, after, or during the pendency of any mediation.

To the extent that, any such dispute, controversy or claim has not been settled pursuant to the mediation within sixty (60) days of the commencement of the mediation, it shall, upon the filing of a request for arbitration by either Party, be referred to and finally determined by arbitration in accordance with the then-current WIPO Arbitration Rules. Alternatively, if, before the expiration of the said period of sixty (60) days, either Party fails to participate or to continue to participate in the mediation, the dispute, controversy or claim shall, upon the filing of a request for arbitration by the other party, be referred to and finally determined by arbitration in accordance with the WIPO Arbitration Rules. The language to be used in the arbitral proceedings shall be English. This Section 8(c) shall not be construed to limit either Party’s right to provisional or ancillary remedies from a court of competent jurisdiction before, after, or during the pendency of any arbitration, and the exercise of any such remedy does not waive either Party’s right to arbitration. The Parties agree that arbitration will be conducted in accordance with the procedural law of the United States Federal Arbitration Act.

(d) Choice of Law/Venue.

These Terms of Service, the Privacy Policy and any dispute, controversy or claim arising under, out of or relating to these Terms of Service, any subsequent amendments of the Terms of Service and the Privacy Policy, including their formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, will be construed in accordance with and governed by the laws of the State of Florida, without application of its choice of law provisions. Mediation and/or arbitration will be held in Miami, Florida, USA. For clarity, these Terms of Service is not governed by the 1980 United Nations Convention on Contracts for the International Sales of Goods or the Uniform Computer Information Transactions Act, as adopted in any jurisdiction.

MISCELLANEOUS

(a) Force Majeure.

Neither Party shall be under any liability to the other Party for any delay or failure to perform any obligations under this Terms of Service to the extent the same is caused, whether directly or indirectly, by circumstances beyond its reasonable control, provided the affected Party provides the other Party with written notice of the force majeure event within a reasonable time of its occurrence.

This Terms of Service may not be assigned by End User, whether by operation of law or otherwise, to any person, firm or entity, and End User may not delegate its duties hereunder, without the express written consent of Licensor.

No failure or delay by either Party in enforcing or exercising any provision of this Terms of Service against the other shall prejudice or restrict the rights of that Party nor shall any waiver of its rights operate as a waiver of any subsequent breach.

Any notice required or permitted under this Terms of Service shall be in writing (which for these purposes includes e-mail) and signed by or on behalf of the sender (or in the case of e-mail, bears the name of the sender) and sent or delivered to the recipient to the address set out in this Terms of Service heading above, the signature block or to such other address which the Parties may have specified in writing from time to time. The sender may: deliver the notice, or arrange for its delivery, by hand and retain satisfactory proof of delivery; send the notice by fax and retain a successful fax transmission report recording the correct number of pages; send the notice by recorded delivery or registered post and retain a receipt of delivery or sending; send the notice by registered airmail if it is to be served by post outside the country from which it is sent and retain a receipt of sending; or send the notice by e-mail and retain an e-mail confirming receipt. Any notice shall be deemed to have been served: if delivered by hand, at the time and date of delivery; if sent by fax, at the time and date of the successful fax transmission report; if sent by recorded delivery or registered post, forty-eight (48) hours from the date of the posting (such date as evidenced by postal receipt); if sent by registered airmail, five days from the date of posting; or if sent by e-mail, when the sender receives a reply e-mail confirming delivery.

(e) Entire Agreement.

This Terms of Service constitutes the entire agreement between the Parties relating to the subject matter and supersedes all prior written or oral representations, proposals, communications or agreements. Any and all claims against Licensor (including its predecessors in interest) by End User arising under prior agreements (whether oral or in writing) with respect to the SaaS Platform are hereby waived and released by End User by acceptance of this Terms of Service.

No modification to this Terms of Service will be effective unless in writing and signed by authorized signatories of both Parties. Any terms and conditions set forth in any End User Order or other correspondence shall be without effect.

Headings are for reference purposes only, have no substantive effect, and shall not enter into the interpretation hereof.

Each provision of this Terms of Service is a separately enforceable provision. If any provision of this Terms of Service is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Terms of Service to remain in effect in accordance with its terms as modified by such reformation. The invalidity or unenforceability of any provision of this Terms of Service shall not affect the validity of this Terms of Service as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law.

The Parties agree that the terms of this Terms of Service result from negotiations between them. Ambiguities or uncertainties in the wording of this Terms of Service will not be construed for or against any Party and any presumption or principle that any provision hereof is to be construed against any Party shall not apply. This Terms of Service may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Terms of Service by its express terms.

(j) No Joint Venture.

Nothing in this Terms of Service creates or is intended to create an association, trust, partnership, joint venture, or entity or similar legal relationship between the Parties, or impose a trust, partnership or fiduciary duty, obligation, or liability on or with respect to either Party.

(k) No Third-Party Beneficiaries.

Except as expressly provided herein, nothing in this Terms of Service is intended to, or will be deemed or construed to, create any rights or remedies in any third party.

This Terms of Service may be executed in one of more counterparts, each which shall be deemed an original but all of which together will constitute one and the same instrument.

(m) Access by Competitors.

You may not access our SaaS Platform if you are our direct competitor, except with our prior written consent.

End User expressly agrees that Licensor, and/or its representatives, partners and subcontractors, may send email and text messages to End User, including but not limited to transactional messages and recurring autodialed SMS/MMS advertising or marketing messages. No purchase is required. Your consent includes authorization to deliver advertising messages using an autodialer or other automated technology, and you acknowledge that your consent is not in any way required as a condition of making a purchase or using the SaaS Platform. You also consent to receive disclosures electronically and agree that you intend your electronic acceptance to be a valid signature accepting these terms. There is no charge from Licensor in connection with these messages but your text messaging and data charges may apply. You may opt out through the text service or emails or through any applicable opt-out disclosed in the Privacy Policy. Licensor will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator.

Licensor may terminate your access to our SaaS Platform for any reason at any time. Licensor may stop (permanently or temporarily) providing the SaaS Platform (or any features within the SaaS Platform) to End User or to users generally at Licensor’s sole discretion, without prior notice to you. End User acknowledges and agrees that if Licensor disables access to End User's account, End User may be prevented from accessing the SaaS Platform, account details or any files or other materials which is contained in End User's account.

Licensor reserves the right, at its sole discretion, to modify or replace these Terms of Service at any time, so you should review this page periodically. If a revision is material the Licensor will update the “Last Updated” date at the bottom of this page and, use commercially reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Licensor’s sole discretion. In addition, Licensor may broadcast notices or messages through the SaaS Platform to inform you of changes to the Terms of Service or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending. Any such changes will become as of the Last Updated date; changes addressing new functions of the SaaS Platform or changes made for legal reasons will be effective immediately. By continuing to access or use our SaaS Platform after those revisions become effective, you agree to be bound by the revised Terms of Service. If you do not agree to the new Terms of Service, please stop using the SaaS Platform.

(q) Survival

The provisions that by their nature are designed to survive termination or expiration of this Terms of Service shall survive termination or expiration of this Terms of Service or your access to Licensor’s SaaS Platform.

LAST UPDATED: ________________, 2023

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PRIVACY POLICY

Entrepreneur Ready, Inc. i.e. the Licensor as defined under the Terms of Service and its affiliated companies and subsidiaries (collectively referred to as “Company,” “we,” or “us”) respect your privacy. This Privacy Policy statement describes the ways we collect information from and about the End User as defined under Terms of Service (“you”, or “your”), and what we do with the information, so that you may decide whether or not to provide information to us. By accessing our website or purchasing our products or services or attending training sessions in relation to our products and services, you agree to this Privacy Policy in addition to any other agreements we might have with you. This Privacy Policy does not govern the practices of entities that our Company does not own or control, or entities that do not own or control our Company or people that our Company does not employ or manage.

OUR COLLECTION AND RECEIPT OF YOUR PERSONAL INFORMATION

(a) The information we collect may include your personal information, such as your name, contact information, IP addresses, product and service selections and other things that identify you.
(b) We collect personal information from you at several different points, including but not limited to the following:
(i) when we correspond with you or communicate online (including Zoom, chat, texts and additional third-party services;
(ii) when you visit our website and/or products and services;
(iii) when you register as an end-user of our services and an account is created for you;
(iv) when you provide information, such as user contributed content, survey information, or join a mailing list;
(v) when you contact us for help;
(vi) when you attend our customer conferences or webinars; and
(vii) when the site sends us error reports or application analytics data; and
(viii) when collected or provided to us by a partner, service provider or other third-party.

OUR USE OF YOUR PERSONAL INFORMATION

(a) Our Company may use information that we collect about you to:

(i) deliver the products and services that you have requested;
(ii) manage our relationship with you, communicate with you (including by email/text), and provide you with support;
(iii) perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
(iv) analyze your (and our other customer’s) usage pattern of our products and services at a non-personal and aggregated level to determine the effectiveness and utility of our products and services;
(v) verify your eligibility and deliver prizes in connection with promotions, contests, and sweepstakes; market, advertise and publicize our products and services;
(vi) enforce our terms and conditions or other agreements;
(vii) manage and improve our business, including but not limited to displaying advertising, deidentifying personal data, making recordings and transcripts of chats, and/or use of data to improve and expand the services we offer through testing, development and other functions;
(viii) conduct a sale of all or substantially all of our business or assets, which includes the sale, assignment or other transfer of your personal information in connection with such transaction;
(ix) respond to investigation, court orders, legal process, or to investigate, prevent or take action regarding illegal activities, suspected fraud, or situations involving potential threats to the physical safety of any person, or as otherwise required or permitted by law; and
(x) perform functions as otherwise described to you at the time of collection.

OUR DISCLOSURE OF YOUR PERSONAL INFORMATION TO THIRD PARTIES

(a) We may share your personal information with third parties only in the ways that are described in this Privacy Policy:

(i) We may provide your information to our agents, vendors or service providers who perform functions on our behalf;
(ii) Third party contractors may have access to our databases;
(iii) We may share your information with other participants or in connection with the products/services, unless you opt-out;
(iv) We may share your data with any parent company, subsidiaries, joint ventures, other entities under common control or third-party acquirers;
(v) We may allow a potential acquirer or merger partner to review our databases, although we would restrict their use and disclosure of this data during the diligence phase;
(vi) We may share your testimonial when you provide it to us;
(vii) We may share your information with Third-Party Software (as defined in the Terms of Service) and other organizations or people that we work with in conjunction with the services provided to you;
(viii) We may share photos, audio and video, and/or other recordings/media, or transcripts of chats with you, as part of our content and marketing efforts, including but not limited to as agreed in our terms with you or your release or consent;
(ix) As required by law enforcement, government officials, or other third parties pursuant to a subpoena, court order, or other legal process or requirement applicable to our Company; or when we believe, in our sole discretion, that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of our agreements or Company policies; and
(x) Other third parties with your consent or direction to do so.

Please note that these third parties may be in other countries where the laws on processing personal information may be less stringent than in your country.

OUR SECURITY MEASURES TO PROTECT YOUR PERSONAL INFORMATION

(a) Our Company uses industry-standard technologies when transferring and receiving data exchanged between our Company and other companies to help ensure its security.
(b) This site has security measures in place to help protect information under our control from the risk of accidental or unlawful destruction or accidental loss, alteration or unauthorized disclosure or access.
(c) However, “perfect security” does not exist on the Internet. Also, if this website contains links to other sites, our Company is not responsible for the security practices or the content of such sites.

OUR USE OF COOKIES, WEB BEACONS, WEB ANALYTICS SERVICES, AND LINKS

(a) Many of our web pages use “cookies.”

(i) Cookies are text files we place in your computer’s browser to store your preferences.
(ii) Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, registering at one of our sites. However, once you choose to furnish the site with personal information, this information may be linked to the data stored in the cookie.
(iii) We use cookies to understand site usage and to improve the content and offerings on our sites. We also may use cookies to offer you products, programs, or services, or for other purposes.
(iv) You have many choices with regards to the management of cookies on your computer. All major browsers allow you to block or delete cookies from your system.

To learn more about your ability to manage cookies, please consult the privacy features in your browser.

(b) Web Beacons.
(i) Our Company and third parties may also use small pieces of code called “web beacons” or “clear gifs” to collect anonymous and aggregate advertising metrics, such as counting page views, promotion views, or advertising responses
(ii) These web beacons may be used to deliver cookies that conform to our Company’s cookie requirements.

(c) Web Analytics Services.
(i) We use Google Analytics, a service for the marketing analysis of the site provided by Google, Inc. Google Analytics uses cookies to allow us to see how you use our site so we can improve your experience
(ii) Google’s ability to use and share information collected by Google Analytics about your visits to the site is restricted by the Google Analytics Terms of Use available at http://www.google.com/analytics/terms/us.html and the Google Privacy Policy available at http://www.google.com/policies/privacy/. You can prevent Google Analytics from recognizing you on return visits to the site by disabling cookies in your browser. If you prefer to not have data reported by Google Analytics, you can install the Google Analytics Opt-out Browser Add-on available at https://tools.google.com/dlpage/gaoptout.

(d) We may create links to other web sites. We will make a reasonable effort to link only to sites that meet similar standards for maintaining each individual’s right to privacy. However, many other sites that are not associated with or authorized by our Company may have links leading to our site. Our Company cannot control these links and we are not responsible for any content appearing on these sites. Since this website does not control the privacy policies of third parties, you are subject to the privacy practices of that third party. We encourage you to ask questions before you disclose any personal information to others.

OUR RETENTION OF YOUR PERSONAL INFORMATION

We will retain any personal information only for as long as is necessary to fulfill the business purpose it was collected, or as otherwise permitted by applicable law. We will also retain and use your personal information for as long as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

INTERNATIONAL TRANSFERS OF YOUR PERSONAL INFORMATION

Information collected from you may be stored and processed in the United States or any other country in which our Company or agents or contractors maintain facilities, and by accessing our sites and using our services, you consent to any such transfer of information outside of your country.

YOUR ACCESS TO AND UPDATING OF YOUR PERSONAL INFORMATION

Reasonable access to your personal information may be provided at no cost upon request made to our Company at the contact information provided below. If access cannot be provided within that time frame, our Company will provide the requesting party a date when the information will be provided. If for some reason access is denied, we will provide an explanation as to why access has been denied. If you need further assistance regarding your rights, wish to exercise a right provided by law that is not listed here, or to attempt to resolve a privacy issue, please contact us using the contact information provided below.

CHILDREN’S PRIVACY

Because of the nature of our business, our services are not designed to appeal to minors. We do not knowingly attempt to solicit or receive any information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us immediately.

YOUR CALIFORNIA PRIVACY RIGHTS

(a) Our Company does not currently respond to browser “Do Not Track” (DNT) signals or other mechanisms. Third parties may collect personal information about your online activities over time and across sites when you visit the site or use the service
(b) If you are a California resident, California Civil Code Section 1798.83 permits you to request certain information regarding our disclosure of personal information to third parties for the third parties’ direct marketing purposes. To make such a request, please contact us by sending an e-mail to admin@howtostartsomething.com. Our site, products, and services are not intended to appeal to minors.
(c) However, if you are a California resident under the age of 18, and a registered user of our site or service, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an e-mail with a detailed description of the specific content or information to admin@howtostartsomething.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
(d) Under California law, California residents who have an established business relationship with us may opt-out of our disclosing personal information about them to third parties for their marketing purposes.

OTHER INFORMATION

Company may collect, use and disclose other information from your use of the website and/or applications, provided such information does not individually identify you or otherwise qualify as personal information (or similar) under an applicable law that restricts its collection, use or disclosure. Company shall have the right to aggregate and/or retain records of such data including, but not limited to, usage, activity logs, and click-throughs. Company may de-identify personal information in accordance with applicable laws and any applicable contractual agreement. Company may disclose data under this section, whether in the form collected or a derivative form, to third parties provided that any information is presented in an aggregate and/or deidentified form.

CHANGES TO OUR PRIVACY POLICY

Our Company may amend this Privacy Policy at any time by posting a new version. It is your responsibility to review this Privacy Policy periodically as your continued use of this website represents your agreement with the then-current Privacy Policy.

CONTACT US

If you have any questions about this Privacy Policy, the practices or concerns of this site, please contact our Privacy Officer at mailto:admin@howtostartsomething.com

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