Terms and Conditions

These terms and conditions ("Terms and Conditions") govern your use of this website theentrepreneurialmind.com ("Website"). In these Terms and Conditions, Entrepreneurial Mind, LLC is referred to as the “Company", “The Entrepreneurial Mind,” “TEM”, “us,” or “we.”

By using this Website and its services you will be bound by these Terms and Conditions and the Company's privacy policy which can be found following these terms and conditions ("Privacy Policy"). If you do not agree to these Terms and Conditions and/or the Privacy Policy you must not use this Website or any service provided via it. Use of the Company’s Website and Services (as defined below) is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms.

Introduction

1. Welcome to The Entrepreneurial Mind. These terms and conditions apply to the services available from and related to the domain and sub-domains of the Website (together with the Website, the “Services”).
2. For as long as the Company continues to offer the Services, it shall provide and seek to update, improve and expand the Services. As a result, the Company allows you to access the Website as it may exist and be available on any day and it has no other obligations, except as expressly stated in these Terms and Conditions. The Company may modify, replace, refuse access to, suspend or discontinue the Website, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Your use of the Services following such posting or communication constitutes your acceptance of the terms and conditions of this Agreement as modified.
3. Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorize any party to make or enter into any commitments for or on behalf of any other party.
4. Your Use of this Website
5. You must not use this Website for anything that is unlawful or is prohibited by these Terms and Conditions and/or any notices elsewhere on this Website.
6. The Company advises that you seek professional advice before relying on any information on this Website. Under no circumstances will Company be liable in any way for any information it provides on the Website or through the Services, including, but not limited to, any errors or omissions in any content and information, including but not limited to text, software, music, sound, photographs, graphics, video or other material (also known as “Content”), or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
7. When using this Website, you must not do any of the following:
8. defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;
9. publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, offensive or unlawful material or information;
10. upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights or have received all necessary consents;
11. upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer;
12. impersonate any person or entity, including without limitation any employee or representative of Company;
13. post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services;
14. run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure;
15. decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services;
16. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
17. falsify the origin or source of software or other material contained in a file that is uploaded;
18. advertise or offer to sell any goods or services or conduct or forward surveys, competitions, or chain letters; or
19. download any file posted by another user of this Website that you know, or reasonably should know, cannot be legally distributed in such manner.
20. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
21. You represent and warrant to Company that you are of legal age to form a binding contract or have your parent’s permission to do so. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
22. If you are registering with the Website as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business, you must comply with and you are responsible for all laws applicable to your business.
23. If you link to the Website, Company may revoke your right to so link at any time, at Company’s sole discretion. Company reserves the right to require prior written consent before linking to the Website.
24. You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of these Terms and Conditions, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
25. Registration
26. You will need to register to become a member of this Website ("Member") if you wish to access the Services via this Website, and continued membership is subject to the Company’s subscription charges set out in your subscription plan, located at http://www.theentreprenurialmind.com/subscription You are free to change the membership package to which you subscribe at any time, subject to these Terms and Conditions (and in particular paragraph 4.2).
27. To register to become a Member you must provide the Company with information about you via the Company's registration form http://www.theentrepreneurialmind.com/subscription. The Company's use of this information is set out in the Company's Privacy Policy which can be found below.
28. You must provide true, accurate, current and complete information about yourself when completing the registration form http://www.theentrepreneurialmind.com/subscription. You must maintain and update this information and keep it true, accurate, current and complete. If any information provided by you is not true, accurate, current and complete, the Company has the right to cancel your membership and refuse any and all current or future use of this Website.
29. Registration requires a valid email address (which will serve as your user name) and unique password. Please create a secure password: choose a password that uses a combination of letters, upper case and lower case, numbers, and symbols. For example, $Mydog2!. Avoid choosing obvious words or dates such as a nickname or your birth date. Please use maximum caution to keep your user name and password confidential and log-off from the Website when your session is complete to prevent unauthorized access to your information. If your user name or password is subject to unauthorized access, you should immediately inform the Company.
30. You must not tell anyone else your user name or password. Any unauthorized use of either of them must be reported to members@theentrepreneurialmind.com as soon as you are aware of such use and the Company will, as soon as reasonably possible, cancel your user name and/or password and issues new ones to you.
31. The Company may, for security or other reasons, require you to change your user name and/ or password or other information which facilitates access to this Website or its Services.
32. The Company reserves the right to cancel your user name and password without notice if the Company becomes aware of any breach of these Terms and Conditions by you.
33. Once the Company has sent you a confirmation e-mail you will become a Member and will be able to access the Services available via the Website. You may cancel your membership at any time at http://www.theentrepreneurialmind.com/subscription – see paragraph 7 for details of cancellation.
34. Charges and Payment
35. Charges are linked to the membership package to which you subscribe, as set out in http://www.theentrepreneurialmind.com/subscription. The terms of the membership to which you subscribe are incorporated herein by reference as if fully set forth herein.
36. You will be charged in advance of your payment period until your membership is cancelled (for cancellation details see paragraph 7 below) together with additional transaction based charges. Details of charges are shown within the sign-up process, as set out in http://www.theentrepreneurialmind.com/subscription. Charges are expressed in US Dollars. Any reduction in the applicable membership price (for example, where you downgrade to a lower-priced package or reduce the number of users on your account) will take effect in your next membership payment period following notification. Any increase in the applicable membership price (for example, where you upgrade your package or add additional users) will take effect from the date of notification (so that a pro-rata payment shall be made for the remainder of the current payment period, with the full payment to be made from the beginning of the following plan period). Your membership period begins on the date on which you register for the Services and finishes on the day before that calendar date the following period.
37. Payment for all charges are payable upon registration or the relevant periodic payment date. You can pay membership fees by any MasterCard, Visa, or American Express credit card; PayPal; or any other payment methods the company accepts. Your payment details will be encrypted to minimize the possibility of unauthorized access or disclosure. At the time of registration, you will be asked to provide credit/debit card details. In the event that the Company is unable at any time to obtain payment of any charges using such credit card details, the Company may freeze your account until it has received settlement in full.
38. Your membership package may start with a free trial. The length and terms of our free trials are set based on the promotional code assigned. The Company reserves the right, in its absolute discretion, to determine your eligibility for a free trial, and to withdraw or to modify a free trial at any time without prior notice and with no liability. We require you to provide your payment details to start a free trial. At the end of your free trial, the Company will automatically start to charge you for the membership package associated with your free trial on the first day following the end of the free trial period, and continuing on a recurring monthly basis. By providing your payment details in conjunction with the free trial registration, you agree to this charge. If you do not want this charge, you must cancel your membership at http://www.theentrepreneurialmdin.com/profile before the end of your free-trial. See paragraph 7 for additional details of cancellation. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun.
39. Dealings with Third Parties
40. The Company is not an agent of any third party or any party named or linked to this Website ("Third Parties") and does not have any authority to act for such Third Parties. The Company does not control or endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such Third Parties.
41. You agree that (to the maximum extent permitted by applicable law) the Company (and our officers, directors and employees) shall have no liability to you in relation to any dispute which you may have with a Third Party, without limitation one or more of your customers, and/or any other users of this Website.
42. Intellectual Property
43. You acknowledge and agree that all Content provided on the Website or through the Services, contained in sponsor advertisements or, presented to you by the Company, its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and except as expressly permitted herein, shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
44. We do not claim ownership of any Content that you post on the Website or through the Services. Instead, you hereby grant to Company a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, perpetual, worldwide license to use the Content that you post on the Website or through the Services, subject to the Company's Privacy Policy which can be found following this terms and services.
45. Termination
46. Without prejudice to any remedy that the Company may have against you, the Company may terminate or suspend with immediate effect and without notice your access to and use of this Website and your membership if:
47. It does not receive timely payment under your subscription;
48. It reasonably believes that you have breached any of these Terms and Conditions;
49. It is unable to verify the accuracy or validity of any information provided by you;
50. Or it suspects fraudulent, abusive or illegal activity by you.
51. Should you object to any of these Terms and Conditions, or any subsequent changes to them, or become dissatisfied with this Website in any way, your only recourse is to immediately discontinue to access or use this Website.
52. You may cancel your membership at any time at http://www.theentrepreneurialmind.com/subscrption. Cancellation will take effect from the next payment period and you will not be entitled to a refund for any membership fee already paid.
53. session had gone ahead as planned.
54. Warranty Disclaimer and Limitation of Liability
55. Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
56. IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU FOR THE SERVICES PURCHASED THROUGH THE WEBSITE DURING THE SIX-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
57. Amendment to these Terms and Conditions
58. The Company reserves the right to amend and alter these Terms and Conditions and any Content or information contained on the Website at any time. In the event these Terms and Conditions are altered the Company will post the amended Terms and Conditions on this Website. Changes will apply from the date of posting.
59. If after the Terms and Conditions and/or the Privacy Policy have been amended or altered you do not agree to their terms, you must stop using this Website.
60. General
61. Whilst the Company will try to provide you with uninterrupted access to this Website and its Services, The Company may need to withdraw, modify, discontinue or temporarily or permanently suspend one or more aspects of this Website where the Company has a legal, technical or other good reason to do so (including technical difficulties experienced by the Company or any Internet infrastructure). However, The Company will try, wherever possible, to give reasonable notice of the Company's intention to do so.
62. The Company reserves the right to withhold, remove and or discard any Content available as part of your account, including any Content contributed by you, with or without notice if deemed by the Company to be contrary to these Terms and Conditions. The Company has no obligation to store, maintain or provide you a copy of any Content that you provide when using the Services.
63. If the Company fails to exercise or enforce a right under the Terms and Conditions that failure shall not constitute a waiver of such right or provision.
64. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, that provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected. The parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.
65. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to the conflict of laws provisions thereof. Both parties submit to the non-exclusive jurisdiction and venue in the United States Federal Courts, District of Oregon.
66. These Terms and Conditions set out the Company's entire agreement and understanding with respect to the subject matter of these Terms and Conditions and supersedes all representations, communications and prior agreements (written or oral).
67. Each party acknowledges that on entering into these Terms and Conditions, it does not rely, and has not relied, upon any representation (whether negligent or innocent), statement or warranty made or agreed to by any person (whether a party to these Terms and Conditions or not) except those expressly set out in these Terms and Conditions.
68. Unless expressly provided in the Terms and Conditions no term of them is enforceable by any person who is not a party to it.
69. You must report any violations of these Terms and Conditions to members@theentrepreneurialmind.com.

Privacy Policy

We at Entrepreneurialmind, LLC. (“The Entrepreneurial Mind,” “Company,” “we,” “us,” “our”) know that our users (“you,” “your”) care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Privacy Policy. By visiting or using the teamtreehouse.com site and our mobile applications (the “Website”) or any related services offered by the Company (the “Services”) in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways. Any capitalized terms used herein without definition shall have the meaning given to them in the Entrepreneurial Mind Terms and Conditions which can be found at http://www.theentrepreneurialmind.com/subscription.

1. WHAT DOES THIS PRIVACY POLICY COVER?

This Privacy Policy covers our treatment of personally identifiable information (“Personal Information”) and other information that we gather when you or your child are accessing or using our Website. This policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.

1. WHAT INFORMATION DOES COMPANY COLLECT?

We gather various types of Personal Information from our users, as explained more fully below. We may use this Personal Information to personalize and improve our services, to allow our users to set up a user account and profile, to contact users, to fulfill your requests for certain products and services, to analyze how users utilize the Website, and as otherwise set forth in this Privacy Policy. We may share certain types of Personal Information with third parties (described in this Section and in Section 3 below). We collect the following types of information:

A. Information You Provide to Us:

We receive and store any information you knowingly provide to us. For example, we collect Personal Information such as your name, email address, physical address, browser information, zip code, and details of transactions including a credit card number, that you carry out through the Website. If you contact us, we may keep a record of that correspondence. You can choose not to provide us with certain information, but then you may not be able to register with us or to take advantage of some of our features. We may anonymize your Personal Information so that you cannot be individually identified, and provide that information to our partners.

We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at members@theentrepreneurialmind.com.

B. Information Collected Automatically:

1. Whenever you interact with our Website, we automatically receive and record information on our server logs from your browser including your IP address, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, “cookie” information, and the page you requested. “Cookies” are identifiers we transfer to your computer or mobile device that allow us to recognize your browser or mobile device and tell us how and when pages in our Website are visited and by how many people. You may be able to change the preferences on your browser or mobile device to prevent or limit your computer or device’s acceptance of cookies, but this may prevent you from taking advantage of some of our Website’s features. Also, if you click on a link to a third party website, such third party, for example marketing partners or analytics service providers, may also transmit cookies to you. This Privacy Policy does not cover the use of cookies by any third parties. These cookies are used to analyze trends and remarket/retarget advertisements to non-converted visitors. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
2. We employ a software technology called Cookies, and are used to track the online movements of Web users. We do not tie the information gathered by clear gifs to our customers’ personally identifiable information.
3. Our Website includes social media features, such as the Facebook login,. These features may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the feature to function properly.
4. When we collect usage information (such as the numbers and frequency of visitors to the Website, the length of stay on the Website, the types of pages visited and other general information), we only use this data in aggregate form, and not in a manner that would identify you personally. For example, this aggregate data tells us how often users use parts of the Website, so that we can make the Website appealing to as many users as possible. We may also provide this aggregate information to our partners; our partners may use such information to understand how often and in what ways people use our Website, so that they, too, can provide you with an optimal experience. We never disclose aggregate information to a partner in a manner that would identify you personally.
5. When you use our Services, we automatically collect information on the type of device you use, operations system version, and the device identifier (or "UDID"). We do not ask for, access or track any location based information from your mobile device at any time while downloading or using our Mobile Apps or Services.

C. E-mail and Other Communications:

We may contact you, by email or other means; for example, we may send you promotional offers on behalf of other businesses, or communicate with you about your use of the Website. If you do not want to receive email or other mail from us, you may opt-out of our email list by clicking on the opt-out link in any email. Please note that if you do not want to receive legal notices from us, those legal notices will still govern your use of the Website, and you are responsible for reviewing such legal notices for changes.

1. WILL COMPANY SHARE ANY OF THE PERSONAL INFORMATION IT RECEIVES?

We neither rent nor sell your Personal Information in personally identifiable form to anyone. We share your Personal Information in personally identifiable form with third parties as described below. Parents have the right to consent to our collection and use of Personal Information collected from their child, without having to also consent for its disclosure to third parties as we do not share this type of personal information with third parties.

A. Affiliated Businesses and Third Party Websites We Do Not Control: In certain situations, businesses or third party websites we’re affiliated with may sell items or provide services to you through the Website (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service.

B. Agents: We employ other companies and people to perform tasks on our behalf, such as our payment processor or hosting provider, and need to share your information with them to provide products or services to you. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.

C. Protection of Company and Others: We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Company, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

D. With Your Consent: Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.

1. IS PERSONAL INFORMATION ABOUT ME SECURE?

Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account. When you enter sensitive information, such as a credit card number, on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).

We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. Transmission of information via the Internet can never be completely secure, and all such transmission is at your risk.

The Website may contain links to other sites. We are not responsible for the privacy policies and/or practices on other sites. When following a link to another site you should read that site’s privacy policy.

1. WHAT PERSONAL INFORMATION CAN I ACCESS?

Through your account settings, you may access, and, in some cases, edit or delete the following information you have provided to us:

1. name and password;
2. email address;
3. user preferences.

The information you can view, update, and delete may change as the Website changes. If you have any questions about viewing or updating information we have on file about you, please contact us at members@theentrepreneurialmdind.com. We will respond to your request to access personal information on file with us within 30 days.

1. WHAT CHOICES DO I HAVE?

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our special features.

You may be able to add, update, or delete information as explained in Section 5 above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by contacting us at help@teamtreehouse.com. Please note that some information may remain in our private records after your deletion of such information from your account.

CHANGES TO THIS PRIVACY POLICY

We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make material changes in the way we use Personal Information, we will notify you by posting an announcement on our Website or sending you an email prior to the change becoming effective. You are bound by any changes to the Privacy Policy when you use the Website after such changes have been first posted.

1. QUESTIONS OR CONCERNS

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to members@theentrepreneurialmind.com. We will make every effort to resolve your concerns.

Effective Date: August 1, 2015