(Effective as of January 2020)
BY CLICKING “I ACCEPT” AT THE END OF THIS AGREEMENT OR BY INSTALLING, ACCESSING, OR USING THE DIGITALPRENEUR PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT AND ITS TERMS AND CONDITIONS, AND THAT YOU AGREE TO BE BOUND LEGALLY BY IT AND ITS TERMS AND CONDITIONS.
1. LICENSE GRANT. Subject to your continued compliance with this Agreement, The DigitalPreneur provides to you a single, revocable, limited, non-exclusive, non-transferable, and non-sub-licensable license to access and use The DigitalPreneur Platform during the term of this Agreement on your personal computer, laptop, mobile phone or other mobile computing device only for personal or internal business purposes.
In connection with the foregoing license and as the only right to sublicense, you may also enable an individual employee(s) of yours (each, an “Authorized User(s)”) to access and use The DigitalPreneur Platform so long as all such use remains in compliance with this Agreement. You acknowledge and agree that you shall monitor your and your allowed User(s)’s use of The DigitalPreneur Platform and for maintaining compliance with the terms and conditions of this Agreement. Any breach of this Agreement by an allowed User(s) shall make up a breach by you. In connection with this license, references to “you” or “user” throughout this Agreement mean you, any allowed User(s), and the corporate or entity-level client of The DigitalPreneur that accesses The DigitalPreneur Platform per any other agreement with The DigitalPreneur.
The content layout, formatting, and features of and online or remote access processes for The DigitalPreneur Platform shall be as specified by The DigitalPreneur in its sole discretion. You also acknowledge and agree to: (i) The DigitalPreneur may control and direct the means, manner, and method by which we provide The DigitalPreneur; (ii) The DigitalPreneur may, from time to time engage independent contractors, consultants, or subcontractors to aid The DigitalPreneur in providing The DigitalPreneur Platform or use thereof; and (iii) The DigitalPreneur may provide The DigitalPreneur Platform to others.
2. RESTRICTIONS ON USE. we hereby reserve all rights not granted under this Agreement are hereby to The DigitalPreneur. You are hereby prohibited from using The DigitalPreneur Platform in any manner that is not expressly and unambiguously allowed by this Agreement. You, therefore, may not change, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, license, sub-license, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit The DigitalPreneur Platform, or any portion of The DigitalPreneur Platform without The DigitalPreneur’s prior written consent except as expressly and unambiguously allowed. You may not (a) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or method, or any similar or equivalent manual process, to access, gain, copy, or monitor any portion of The DigitalPreneur Platform or reproduce or circumvent the navigational structure or presentation of The DigitalPreneur Platform to get or attempt to get any materials, documents, or information through any means not purposely made available through The DigitalPreneur Platform, (b) attempt to gain unauthorized access to any portion or feature of The DigitalPreneur Platform or any other systems or networks connected to The DigitalPreneur Platform or to any The DigitalPreneur server or to any of the services offered on or through The DigitalPreneur Platform, by hacking, password “mining,” or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of The DigitalPreneur Platform or any network connected to The DigitalPreneur Platform, nor breach the security or authentication measures on The DigitalPreneur Platform or any network connected to The DigitalPreneur Platform, (d) reverse look-up, trace, or seek to trace any information on any other user of or visitor to The DigitalPreneur Platform, (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of The DigitalPreneur Platform or The DigitalPreneur’s systems or networks or any systems or networks connected to The DigitalPreneur Platform, (f) use any device, software, or routine to interfere with the proper working of The DigitalPreneur Platform or any transaction conducted on The DigitalPreneur Platform, or with any other person’s use of The DigitalPreneur Platform, (g) forge headers, impersonate a person, or otherwise manipulate identifiers to disguise your identity or the origin of any message or transmittal you send to The DigitalPreneur on or through The DigitalPreneur Platform, or (h) use The DigitalPreneur Platform in an unlawful manner.
3. ATTRIBUTION. To reflect The DigitalPreneur’s ownership of The DigitalPreneur Platform and to protect The DigitalPreneur’s interests you shall ensure that proper attribution and notice appear with any use of The DigitalPreneur Platform. You shall also undertake to include in connection with any printout or subsequent use of any content from The DigitalPreneur Platform a notice including the following information, “Copyright © The DigitalPreneur (or its licensors)” and such other information as designated by The DigitalPreneur. Under the foregoing, during the Term of this Agreement, The DigitalPreneur grants to you a limited, non-exclusive, non-transferable right and license to use the full trade name of “The DigitalPreneur” solely in connection with your attribution of the applicable content. In connection with this trademark license grant, you agree to comply with any guidelines for use as provided by The DigitalPreneur from time to time.
4. USER OBLIGATIONS. By downloading, accessing, or using The DigitalPreneur Platform, you represent and warrant that you will abide by all applicable local, state, national laws and regulations regarding your use of The DigitalPreneur Platform, and that you are at least the legal age of majority. In addition, you agree to assume all responsibility concerning your use of The DigitalPreneur Platform, including being held responsible for all activity occurring through your username and password (and the related account access). You further represent and warrant that (i) you will at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information to The DigitalPreneur through The DigitalPreneur Platform; and (ii) you will at all times comply with the terms and conditions of this Agreement. By installing, accessing, or using The DigitalPreneur Platform, you agree to allow The DigitalPreneur to collect certain information regarding your use of The DigitalPreneur Platform (including, without limitation, certain data regarding feature utilization, navigation, and personal information (e.g., name, email, etc.), and further agree to provide The DigitalPreneur reasonable cooperation in connection with operation of or support for The DigitalPreneur Platform. You also agree to receive electronic communications from The DigitalPreneur. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or relating to The DigitalPreneur Platform or The DigitalPreneur’s services. These electronic communications are part of your relationship with The DigitalPreneur and you receive them as part of your use of The DigitalPreneur Platform. You, therefore, agree that any such notices, agreements, disclosures or other communications that The DigitalPreneur sends you electronically will satisfy any legal communication requirements.
5. ACCOUNT. we may require you to register to use The DigitalPreneur Platform. Each registration is for a single user only, unless otherwise agreed upon by The DigitalPreneur. Registration for access to and use of The DigitalPreneur Platform may also require access credentials, such as a username and a password, or adherence to other particular access requirements as designated by The DigitalPreneur in its sole discretion from time to time. You agree to consider your access credentials, such as a username and password, as confidential information and not to disclose such information to any third party without the prior express wrote consent of The DigitalPreneur, which may be withheld in its sole discretion. You shall immediately notify The DigitalPreneur if you suspect or notice any loss or theft of your password or any unauthorized use of your username and password. The DigitalPreneur will not be liable for any loss or damage arising from your failure (whether inadvertent or intentional) to comply with these obligations.
6. FEEDBACK. The DigitalPreneur welcomes your feedback and suggestions about The DigitalPreneur’s products or services or regarding how to improve The DigitalPreneur Platform. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to The DigitalPreneur, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to The DigitalPreneur and enable The DigitalPreneur to use such Feedback. In addition, any Feedback received by The DigitalPreneur will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license from you for The DigitalPreneur to adapt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist and you waive any claim to the contrary.
7. BILLING. If you place any orders through The DigitalPreneur Platform, you are hereby expressly agreeing The DigitalPreneur may bill you the applicable fees, any applicable tax, and any other charges you may incur with The DigitalPreneur in connection with your use of The DigitalPreneur Platform and any associated The DigitalPreneur services or solutions. You agree that the fees will be billed to your credit card or PayPal account you provide under the billing terms in effect at the time a fee or charge is due and payable. If payment is not received or cannot be charged to your credit card or PayPal account for any reason when due and payable, The DigitalPreneur reserves the right to either suspend or end your order. You further acknowledge and agree that The DigitalPreneur reserves the right, to change its prices and billing methods (on a going-forward basis) for products or services sold or licensed or for use of The DigitalPreneur Platform, effective immediately upon posting in The DigitalPreneur Platform or by electronic communications to you. Please review the applicable pricing before placing an order.
8. LINKS TO OTHER SITES. The DigitalPreneur Platform may connect to certain third-party websites or online networks (collectively, “Third Party Sites”). These Third Party Sites have not necessarily been reviewed by The DigitalPreneur and are owned, controlled and/or maintained solely by third parties over whom The DigitalPreneur exercises no control. Your correspondence or any other dealings with third parties found through any Third-Party Site on The DigitalPreneur Platform are solely between you and such a third party. The DigitalPreneur expressly disclaims and shall not have any liability or responsibility for any Third Party Sites.
9. Mobile Services. The DigitalPreneur Platform offers various tools or displays functionality available to you via your mobile phone or other mobile computing devices (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices or in all locations. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices; what restrictions may apply to your use of the Mobile Services; and how much such use will cost you. All use of The DigitalPreneur Platform shall be strictly under this Agreement.
10. INTERACTIVE FORUMS. The DigitalPreneur Platform may contain or provide access to interactive features and functionality (referenced collectively as “The DigitalPreneur Forums”), where you can share and exchange information or content (referenced collectively as “Postings”). The DigitalPreneur Forums are provided by The DigitalPreneur as a resource for you. Therefore, limit the use of The DigitalPreneur Forums to your personal use. You do not have any right to distribute further The DigitalPreneur Forums (or any part thereof or content presented on The DigitalPreneur Forums) without The DigitalPreneur’s prior written permission. If The DigitalPreneur Platform allows for such the communication functionality, you agree that by using The DigitalPreneur Platform you will not upload, post, display, or transmit any of:
- anything that violates contractual or fiduciary rights, duties, or agreements;
- anything that is bigoted, hateful, or offensive;
- anything that encourages criminal conduct or that would give rise to civil liability;
- anything that violates any law or regulation in any jurisdiction;
- anything that contains vulgar, obscene, profane, or otherwise objectionable language or images;
- anything that typically would not be considered socially or professionally responsible or appropriate in person;
- anything that harms minors or is directed to contact or interact with a minor;
- anything that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees, and representatives of The DigitalPreneur;
- anything that misrepresents your affiliation with any entity and/or The DigitalPreneur;
- anything, which defames, harasses, threatens, or offends;
- anything that violates or infringes on the rights of others or misappropriates or breaches any confidentiality obligation;
- anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personally identifiable information of another individual;
- anything that makes up a chain letter or pyramid scheme;
- anything that is false, deceptive, or misleading;
- anything that makes up junk mail, spam, or unauthorized advertising or promotional materials;
- anything that is “off-topic,” irrelevant, or inappropriate for The DigitalPreneur Platform;
- Anything that interferes with or disrupts The DigitalPreneur Platform; or
- anything that contains or distributes malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s a computer network, or The DigitalPreneurPlatform or The DigitalPreneur’s data network, or systems.
You further agree to conduct your online activities on The DigitalPreneur Forums in a cordial and friendly manner and under this Agreement and all applicable laws. You have no right to identify or suggest an affiliation with or endorsement by The DigitalPreneur and/or its policies or services. Any views or opinions expressed by you on The DigitalPreneur Forums are your personal views or opinions and do not reflect the views or opinions of the DigitalPreneur. No such information available through The DigitalPreneur Forums should make up professional or legal advice of any kind. You are responsible for your own use of any Postings. Please also use netiquette. Please be professional, succinct, and on-topic. Please remember to respect others and their opinions.
11. PERMISSION TO USE POSTINGS. By submitting any a Posting(s), you represent and warrant that you have all rights necessary to transmit and provide such Posting, and you automatically and grant a royalty-free, transferable, sub-licensable and non-exclusive right and license for The DigitalPreneur to adapt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such Posting, without additional approval or consideration, in furtherance of and in connection with the operation of The DigitalPreneur Platform, and you waive any claim to the contrary. Your postings are non-confidential for all purposes. The DigitalPreneur reserves the right to establish additional practices, parameters, and limits in its sole discretion concerning the storage, display, or availability of any Posting. You represent that you have all necessary rights to make a Posting(s) available to The DigitalPreneur, and you also acknowledge that The DigitalPreneur has no control over the extent to which any idea or information (in a Posting) may be used by any party or person once it’s posted or displayed.
12. NO PRE-SCREENING OF POSTINGS. The DigitalPreneur is not responsible for screening, policing, editing, or monitoring your or another user’s Postings and encourages all of its Users to use reasonable discretion and caution in testing or reviewing any Postings. The DigitalPreneur does not endorse, oppose, or edit any opinion or information provided by you or another user and does not make any representation regarding, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any Posting displayed, uploaded, or distributed by you or any other user. The DigitalPreneur. reserves the right to monitor, delete, access, read, preserve, disclose or take other action regarding Postings (or parts thereof) that The DigitalPreneur reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Agreement, including investigation of potential violations (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, (v) protect the rights, property or safety of The DigitalPreneur, its users, or the public, or (vi) that The DigitalPreneur believes in good faith violate this Agreement and/or are, or are potential, unlawful or harmful to The DigitalPreneur, its services, or goodwill. If you violate this Agreement, The DigitalPreneur may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or end your use of The DigitalPreneur Platform.
13. PROPRIETARY RIGHTS. This Agreement provides only a limited license to access and use The DigitalPreneur Platform under the terms of this Agreement. You agree that The DigitalPreneur transfers no ownership or intellectual property interest or title in and to The DigitalPreneur Platform or any other The DigitalPreneur intellectual property to you or anyone else in connection with your use of The DigitalPreneur Platform. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML code), programs, software, products, information, and documentation and the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through The DigitalPreneur Platform are exclusively owned, controlled, and/or licensed by The DigitalPreneur or its licensor (s). , and all other marks identifying the products or services of The DigitalPreneur are proprietary trademarks of The DigitalPreneur, and any use of such marks, including, without limitation, as domain names, account identifiers, or in connection with any search engine optimization practice(s), without the prior express written permission of The DigitalPreneur, is hereby strictly prohibited.
15. DISCLAIMER. The DigitalPreneur PLATFORM IS PROVIDED ON AN “AS-IS” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. The DigitalPreneur EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. The DigitalPreneur ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT The DigitalPreneur PLATFORM WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR to meet YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS. THEREFORE, YOU ASSUME THE ENTIRE RISK REGARDING THE QUALITY AND/OR PERFORMANCE OF The DigitalPreneurPLATFORM.
16. LIMITATION OF LIABILITY. YOU ALSO EXPRESSLY ABSOLVE AND RELEASE The DigitalPreneur FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND The DigitalPreneur’S CONTROL, INCLUDING, BUT NOT LIMITED TO, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OR NATURAL DISASTERS, STRIKES, OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS. AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT, SHALL The DigitalPreneur BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DEALINGS OR AGREEMENTS BETWEEN YOU AND A THIRD PARTY, THE USE OF The DigitalPreneur PLATFORM, WITH THE DELAY OR INABILITY TO USE The DigitalPreneur PLATFORM, THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE THROUGH The DigitalPreneur PLATFORM, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF The DigitalPreneur HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF The DigitalPreneur FOR ANY REASON RELATED TO USE OF The DigitalPreneur PLATFORM SHALL NOT EXCEED Five Hundred Dollars ($500) (US) OR THE AMOUNT PAID BY YOU TO The DigitalPreneur DURING THE TWELVE (12) MONTHS PRECEDING ANY CLAIM, WHICHEVER IS GREATER.
17. INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this Agreement, including, without limitation, violations or infringement of The DigitalPreneur’s intellectual property or proprietary rights, may cause irreparable injury to The DigitalPreneur, whereby such injury would not be quantifiable in monetary damages, and The DigitalPreneur would not have an adequate remedy at law. In the event of such injury or potential for such injury you, therefore, agree that The DigitalPreneur shall be entitled, besides other available remedies, to be awarded an injunction or other appropriate fair relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement.
18. SECURITY & ENFORCEMENT. Any actual or attempted use of The DigitalPreneur Platform by you in violation of this Agreement may cause criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. The DigitalPreneur reserves the right in its sole discretion to review, monitor, and/or record any information relating to your use of The DigitalPreneur Platform ( “User Information”) with no prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through The DigitalPreneur Platform. The DigitalPreneur may share any User Information The DigitalPreneur gets from you with any law enforcement organization in connection with any investigation or prosecution of criminal or unlawful activity. The DigitalPreneur will also disclose user information as required by any court order and/or subpoena. In addition, The DigitalPreneur reserves the right in its sole direction to and without notice a change, suspend, end, and/or interrupt operation of or access to The DigitalPreneur Platform, or any portion thereof, to protect The DigitalPreneur Platform, The DigitalPreneur intellectual property, The DigitalPreneur, or the business interests of The DigitalPreneur and/or its members and affiliates.
19. GOVERNING LAW. This Agreement has been made in and will be construed and enforced under the laws of the District of Columbia as applied to agreements entered and completely performed in the District of Columbia. You agree to the personal jurisdiction by and venue in any federal or state court in the District of Columbia and waive any objection to such jurisdiction or venue and further to a jury trial in any action. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. They must bring any claim that you might have against The DigitalPreneur within one (1) year after the cause of action arises, or it bears such a claim or cause of action. In any legal proceeding brought by The DigitalPreneur, The DigitalPreneur shall have the right to seek and be awarded all reasonable attorneys’ fees and costs besides any other relief, at law or in equity, to which The DigitalPreneur may be entitled. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other documents and records originally generated and maintained in printed form. Please print a copy of this Agreement or contact The DigitalPreneur if you wish to receive a printed copy of this Agreement.
20. TERM AND TERMINATION. This Agreement will take (re-take) effect at the time you click “I ACCEPT”, download The DigitalPreneur Platform or begin using The DigitalPreneur Platform, whichever is earliest. This Agreement will end automatically if (i) you cannot comply with any of its terms and conditions, or (ii) cease all use of The DigitalPreneur Platform. Termination will be effective without notice. In addition, The DigitalPreneur may in its sole discretion end this Agreement upon notice to you for any or no reason. Upon termination of this Agreement, all right (s) to use The DigitalPreneur Platform shall immediately cease and you must promptly delete or destroy all copies of The DigitalPreneur Platform in your possession or control. Sections 2, 6, 7, 13, and 15-23 will survive the termination of this Agreement.
21. WAIVER & SEVERABILITY. The DigitalPreneur’s failure to insist upon strict performance of the terms and conditions of this Agreement by you will not operate as a waiver of any subsequent or other default or failure of performance. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable under applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision(s) that most clearly matches the intent of the original provision and the rest of this Agreement shall continue in effect.
22. OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to the access or use of DigitalPreneur’s other products and services. If there is a conflict between this Agreement and any other notices, terms, or conditions, The DigitalPreneur shall resolve any conflict in good faith in its sole discretion but this Agreement shall control regarding accessing and using The DigitalPreneur Platform.