Product Terms of Service

1. PARTIES. In consideration of being permitted to participate in Entreprenista's various services and membership options (the “Services”), and the value you will gain by participating in the Services, you hereby agree to these Terms of Service. These Terms of Services are entered into between you (hereinafter “you” or the “Client”) and Entreprenista Media, LLC (hereinafter “Entreprenista”, “Company”, “we” or “us”). You and the Company are collectively referred to herein as the “Parties”.  
   

2. ACCEPTANCE OF TERMS OF SERVICE. The following Terms of Purchase (“Terms”) govern your use of and access to the Services. These Terms are legally binding and it is your responsibility to read them before you begin to use the Services. By using and participating in the Services, you accept and agree to be bound and abide by these Terms. 
   

3. UPDATES TO TERMS OF SERVICE. Entreprenista reserves the right to modify or update these Terms at any time and in our sole discretion. We may notify you of material changes by posting an updated version on our website, displaying an announcement within the Services, or sending an email. The “Last Updated” date at the top of these Terms reflects the most recent changes. By continuing to use the Services after the effective date of any updates, you agree to be bound by the revised Terms. 
   

4. ELIGIBILITY. In order to access the Services, you must (a) be at least eighteen (18) years old; (b) of legal age to form a binding contract; and (c) not a person barred from using Services under the laws of the United States, your place of residence or any other applicable jurisdiction. By using the Services, you agree that you meet all of the eligibility requirements set forth in these Terms and any other agreement or terms applicable to the Services. We may still refuse to let certain people access or use the Services, and we may change our eligibility criteria at any time, in our sole discretion. In order to be eligible for our membership services, all applicants and members must also comply with our Website Terms of Service which can be located here: https://entreprenista.com/terms-of-service/. 
   

5. SERVICES. Entrepreneur provides access to a variety of programs and services (collectively, the “Services”). These may include but are not limited to memberships, events, networking opportunities, power groups, promotional features and business resources. By enrolling in any Entreprenista program, you agree to be bound by these Master Terms of Service, which incorporate by reference the specific terms and conditions applicable to each program offered by Entreprenista. A list of current programs, along with links to their individual terms of service, is provided below. Please review the terms applicable to any program you participate in, as they contain important additional provisions governing your use of that specific service.  Some of the Services may only be accessed upon approval by Entreprenista after receiving an application. Acceptance of applications are in Entreprenista’s sole and exclusive discretion, subject to internal guidelines designed to benefit our community.
   

1. Entreprenista League
2. Founder’s Weekend
3. Entreprenista Expert
4. Entreprenista Approved
5. Power Groups
6. E100
   

6. TERM. This Agreement shall be in force for the period defined in each of the Company’s individual program’s terms of service (linked and incorporated in Paragraph 5 herein). Any extension, modification or renewal of the Term must be agreed to in a writing signed by both Parties, unless a specific program’s terms of service states otherwise or you are participating in a program with a recurring subscription (auto-renewal). 
   

7. REGISTRATION AND PAYMENT. In full consideration of Company’s performance, obligations and the rights granted herein, Client agrees to pay all registration fees in accordance with the plan offered in connection with the program or service in which you are participating (See Paragraph 5). All payments made by Client to Company are non-refundable. If Client elects to pay in installments, payment shall be automatically collected by Company in accordance with that individual program’s terms. If Client elects to pay in installments, Client may not terminate or cancel any future payment obligations. Due to the nature and immediate access to the Services, if Client discontinues participation in the Services, Client hereby agrees to remain responsible for all outstanding payments for the remainder of the Term. You hereby give the Company authorization to charge your credit/debit card on file for any outstanding fees. Payment failure will result in termination of the Services, effective immediately. You agree and warrant that all payment instruments, credit cards and related information, i.e. billing address, used in connection with your registration and participation in the Services are correct and that you are authorized to use such payment instrument. You may not resell, assign, or transfer your registration to participate in the Services. From time to time, Entreprenista may elect to offer discounts or special offers to purchase certain programs. Entreprenista does so at its sole discretion and is not obligated to provide refunds to members who paid a higher fee at a different time. Entreprenista reserves the right at any time to change its prices and billing methods, and will provide advance notice. 
   

8. LATE FEES. If Company does not receive payment from you on or before any payment date, then you will be charged a late fee of 1.5% of the outstanding amount per each day that Company does not receive payment.
   

9. CHARGEBACKS. You are to make every attempt to file for a refund prior to attempting a chargeback with your financial institution. You will remain responsible for amounts due under this Agreement in the event you dispute payment with your financial institution. In the event of a chargeback attempt, you expressly agree to forfeit any and all intellectual property or deliverables afforded to you in exchange for your purchase of the Services.  Company reserves the right to present proof of purchase and this Agreement to the financial institution investigating the dispute.
   

10. BUSINESS HOURS. Company will be closed on holidays and for vacation(s), which may affect Company’s business operating hours. Company’s closures for vacation are within the Company’s sole authority and discretion. 
    

11. RECURRING SUBSCRIPTIONS. If you select a Service with a recurring subscription (auto-renewal), you authorize the Company to maintain your account and payment information and charge that account automatically upon the renewal of the Service. Auto-renewing subscriptions will continue until cancelled in accordance with that program’s terms and conditions. 
    

12. NOTIFICATION SERVICE. You agree we may contact you using any and all information you provided when signing up for any of the Services with updates about your account, our regular newsletter, meet-up opportunities, any other opportunities that become available for our members, and in connection with Your Content (defined below). You agree that Entreprenista has the right to use all information you provide. You may opt out of our emails using the unsubscribe link in its footer anytime.
    

13. MOBILE TERMS. Entreprenista uses a mobile message service in connection with the Services. Your use of the Services constitutes your agreement to these mobile terms and conditions (“Mobile Terms”). You agree to receive recurring SMS/text messages from and on behalf of Entreprenista through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include specials, product launches, promotions, abandoned cart, and other marketing offers (e.g., cart reminders). You understand that you do not have to sign up for one of the Entreprenista programs in order to make any purchases, and your consent is not a condition of any purchase with Entreprenista. Your participation in this program is completely voluntary. We do not charge for the mobile service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. You may opt-out of the Service at any time. Text the single keyword command STOP to +18669302526 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Entreprenista mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For support or assistance with the mobile messaging service, text HELP to +18669302526 or email hello@entreprenista.com. We may change any short code or telephone number we use to operate the mobile messaging service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the mobile messaging services are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the mobile messaging service, any errors in such information, and/or any action you may or may not take in reliance on the information or the service. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy. 
    

14. EVENTS. If you attend an Entreprenista event, whether virtual or in person, you also grant Entreprenista the right to use any photos or videos taken of you at the event for Entreprenista’s promotional and advertising purposes and otherwise on the website and Services without compensation to you, and waive any rights of privacy, publicity, or any other similar rights you may have in connection with such photos or videos.
    

15. CLIENT CONFIDENTIALITY. During the course of the Company’s performance of Services, you may receive, have access to and create documents, records and information of a confidential and proprietary nature to the Company. This confidential information may include but is not limited to Company work product, course materials, company and member financial information, marketing plans and strategies, market research, client and other mailing lists, business transactions, supplier or vendor relationships, contract terms, present and future projects and products, and pricing and cost information, and other information that is not generally known to the public (“Confidential Information”). You acknowledge and agree that such Confidential Information is an asset of the Company, is not generally known to the trade, is of a confidential nature and, to preserve the goodwill of the Company and must be kept strictly confidential and used only in the performance of your performance under this Agreement. You agree that you will not use, disclose, communicate, copy or permit the use or disclosure of any such information to any third party in any manner whatsoever except as otherwise directed by Company in the course of your performance under this Agreement, and thereafter only with the written permission of Company. You shall notify the Company immediately in the event you become aware of any loss or disclosure of any Confidential Information. Upon termination of this Agreement or upon the request of Company, you will return to Company all of the Confidential Information, and all copies or reproductions thereof, which are in your possession or control. You also acknowledge your continuing obligation to raise any confidentiality questions or concerns with the Company in a timely manner.
    

16. CANCELLATION POLICY. If you cancel your participation in the Services for any reason, we will not issue any credits or refunds of the registration fee(s), without exceptions, except where prohibited by law. If you elect to pay for the Services in installments and you cancel your participation in the Services for any reason, you will remain responsible for all outstanding payments to the Company for the remainder of the Term.
    

17. PRIVACY. Your use of the Services and the information you provide to us there is subject to our Privacy Policy, incorporated herein by reference, which governs our collection and use of data submitted to us through our Services. By using the Services, you agree to our use of cookies in advertising. Please note that from time to time we will share our members’ contact information with our partners and sponsors for marketing purposes in order to deliver the best possible services and opportunities to our members. If you opt in to receive emails from us for marketing purposes, we may also send calendar invitations for Entreprenista events. Members are free to opt out of these marketing messages at any time.
    

18. ACCOUNT ACCESS AND CREDENTIALS. You are responsible for your login credentials and for keeping your information accurate. You are responsible for any activity resulting from the use of your login credentials to access the Services. You represent and warrant that the information you provide to Entreprenista in connection with your participation in the Services will be true, accurate, current, and complete. To use the Services, you may need log-in information, including a username and password. You may always browse the public-facing pages of the Services without registering, but to take full advantage of the Services, you may need to create an account. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Services and to preserve the confidentiality of your username and password, and any device that you use to access the Services. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Entreprenista by email at membership@entreprenista.com. You will be solely responsible for the losses incurred by Entreprenista and others due to any unauthorized use of your account.
    

19. FORCE MAJEURE. If either Party hereto is unable to perform any of its obligations, with the exception of payment, by reason of fire or other casualty, strike, act or order of public authority, global pandemic, administrative order by governmental authority, act of God, or other cause beyond the control of such Party (hereinafter, a “Force Majeure Event”), then such Party shall be excused from such performance during the pendency of such cause. COVID-19 and any related governmental orders or shutdowns are known phenomena and not Force Majeure events. The Party suffering a Force Majeure Event shall give written notice within five (5) days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized.
    

20. INTELLECTUAL PROPERTY RIGHTS. All content, materials and features displayed or provided in connection with the Services, including but not limited to information, software, images, text, designs, graphics, video, audio, written materials, presentations and the arrangement thereof, are owned by the Company, its licensors or other providers of such material, and are protected by copyright, patent, trademark, trade secret and other intellectual property or proprietary rights laws. The Company name, trademarks, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its licensors. You may not use such trademarks or other intellectual property belonging to the Company without the prior written consent of the Company. 
    

21. NO REPRODUCTION. You may not reproduce, distribute, modify, create derivative works of, republish, transmit, sell, resell, or exploit any of the material displayed or provided in connection with the Services.
    

22. PRIVACY. You agree that all information you provide to register for the Services, including, but not limited to, through the use of any interactive features on the Company’s website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. 
    

23. USER CONTRIBUTIONS. If you submit a comment, photo, video or other materials to Company in connection with the Services, you agree that we have a non-revocable commercial license to republish your submission in whole or in part, unless you explicitly state in writing that we do not have such permission. We appreciate your comments, but if you send us creative ideas, we can use them without compensating you. We appreciate hearing from our users and welcome your comments regarding the Services. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (collectively, “Creative Ideas”), we will: Own, exclusively, all now known or later discovered rights to the Creative Ideas; Not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and Be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person. The interactive areas of our website and channels (including Circle and any other third party platform used by Company) are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information, sometimes with one another, and sometimes directly with Entreprenista. To protect your safety, please use your best judgment when submitting information to our website and channels. We particularly discourage divulging personal phone numbers, addresses, or other personal or personally identifiable information in public areas. Entreprenista reserves the right to delete, move, or edit any post at any time, for any reason, but Entreprenista has no obligation to review or remove any such content. Entreprenista does not endorse any information or user view communicated in such public areas by the users of the website or channels.
    

24. GENERAL DISCLAIMER. To the fullest extent permitted by law, we expressly disclaim any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Services, including without limitation any liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the Parties, whether caused by negligence, breach of contract or otherwise. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Services or that the Services will otherwise meet your needs or expectations. Neither the Company nor anyone associated with the Company warrants that the Services or its related content will be error-free, accurate, reliable, or uninterrupted, that defects will be corrected, that the website or the server that makes it available are free from viruses or other harmful components. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. Services are for informational/ educational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company shall not be liable for any and all liability arising from any reliance placed on such materials by you or by anyone who may be informed of any of its contents. We are not medical, legal, financial or other professionals, or if we are, we are not acting in any professional capacity, including medical, legal, financial or otherwise. The Services should not be construed as medical, legal, or financial advice.
    

25. WARRANTIES DISCLAIMER. Your use of the Services or items obtained throughout your participation in the Services is at your own risk and are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
    

26. EARNINGS DISCLAIMER. While we may reference certain results, outcomes or situations in connection with the Services, you understand and acknowledge that we make no guarantee as to the accuracy of third-party statements made or the likelihood of success for you as a result of these statements. You understand that individual results and outcomes will vary. We cannot guarantee your success merely by your participation in the Services or your access, purchase or completion of any material provided relating to the Services. Any results provided in connection with the Services are not guaranteed or typical. 
    

27. TECHNOLOGY DISCLAIMER. We make reasonable efforts to provide you with modern, reliable technology. However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure. We cannot guarantee that all information provided in connection with the Services is completely accurate, complete or up to date, and disclaim liability for any such errors or omissions.  
    

28. THIRD PARTY DISCLAIMER. Any products and/or services offered by third parties you obtain as a member or website visitor (including without limitation through discounted goods/services, giveaways, or as member perks) are offered and/or sold by their third party creator, performer and/or brand. ENTREPRENISTA SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH THESE PRODUCTS OR SERVICES. 
    

29. SERVICES IN THE UNITED STATES ONLY. Unless otherwise specified, the Services are presented solely for the purpose of promoting products and services available in the United States. Entreprenista makes no representation that the Services are appropriate or available for use in other locations. If you access the Services from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.
    

30. VIOLATION OF THESE TERMS. If you do not act acceptably, we may prohibit your use of the Services. We reserve the right to suspend or terminate your account and prevent access to the Services for any reason, at our discretion. We reserve the right to refuse to provide the Services to you in the future. Entreprenista may review and remove any User Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Service. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Services.
    

31. WARRANTIES AND REPRESENTATIONS. Parties represent and warrant to each other that each is free to enter into this Agreement and that this engagement does not violate the terms of any agreement between either Party and any third party. The Parties represent and warrant to each other that each is at least 18 years of age at the time of execution of the Agreement. 
    

32. ASSIGNMENT. This Agreement is personal to each of the Parties. No rights or obligations may be assigned or delegated by either Party at any time, unless such assignment is in writing and signed by both Parties. 
    

33. ASSUMPTION OF RISK. By participating in and accessing the Services, whether paid or unpaid, you assume the risk of your access and any subsequent actions you choose to take as a result of the informational or educational materials provided to you. 
    

34. INDEMNITY AND RELEASE. You agree to indemnify, defend and hold harmless Company, its affiliates, employees, agents, licensors, and service providers from and against any and all third party suits, claims, demands, causes of action, liabilities, damages, judgments, losses, costs and expenses, including reasonable legal expenses and attorney’s fees arising out of your use of and participation in the Services, including but not limited to your User Content, any use of the Company’s website’s content, Services, or your use of any of the information obtained from the Services. 
    

35. LIMITATION ON LIABILITY. You understand and agree that, to the maximum extent permitted by applicable law, the Company will not be liable for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Services, including without limitation any liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of contracts; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the Parties, whether caused by negligence, breach of contract or otherwise. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
    

36. WAIVER. The failure by us to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
    

37. LIMITATION ON TIME TO FILE CLAIMS. Any cause of action or claim you may have arising out of or relating to these Terms of Purchase or the Services must be commenced within one (1) year after the cause of action accrues; otherwise such cause of action or claim is permanently barred.
    

38. SEVERABILITY. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms, but the rest will remain in full force and effect.
    

39. NOTICES. All notices, claims, and demands made upon Company under this Agreement must be in writing and addressed to Company at the email address set forth below. A notice by a Party is effective only if the Party giving the Notice has complied with the requirements of this Section.
    

Notice to Company:                        

Entreprenista Media, LLC

2045 Biscayne Blvd, #227

Miami, FL 33137

membership@entreprenista.com

40. ENTIRE AGREEMENT. These Terms are the entire agreement between you and us regarding the subject matter of these Terms. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of these Terms. We will not be bound by, and specifically object to, any term, condition, or other provision that is different from or in addition to the provisions of these Terms (whether or not it would materially alter these Terms). The English version of these Terms will control if there is any conflict. 
    

41. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice or conflict of law provision or rule.
    

42. DISPUTE RESOLUTION AND MEDIATION. We are available by email at membership@entreprenista.com to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and Entreprenista agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or mediation. 
    

1. In the event a dispute shall arise between the Parties that is related to or arises out of these Terms that cannot be informally resolved, the Parties agree to attempt to resolve the dispute through mediation. The mediation will take place in Miami-Dade County, Florida or remotely via Zoom. The Parties agree to cooperate with one another in selecting a mediation service, and shall cooperate with the mediation service and with one another in selecting a neutral mediator and in scheduling the mediation proceedings. For a mediation, the parties will agree to use commercially reasonable efforts to begin the mediation within 15 business days of the selection of the mediator and to conclude the mediation with 30 days of the start of the mediation. The costs of the mediation will be equally split between the Parties. If the Parties fail to agree at the completion of the mediation, the requesting part may commence legal proceedings to resolve the dispute.
   

43. JURISDICTION AND VENUE. If the Parties cannot resolve any dispute for any reason, including, but not limited to, the failure of either party to agree to enter into mediation or agree to any settlement proposed by the mediator, either party may file suit in a court of competent jurisdiction in the state or federal courts of Miami-Dade County, Florida and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.