Welcome to Mentor Momentum (“MM”)! The MM website is owned and operated by Entrepreneurs of Success LLC (“EOS,” “we,” or “us”).
MM is dedicated to providing you access to fresh entrepreneur learning content delivered online. We have partnered with top entrepreneurs that will ensure you will always have opportunity to access to the newest and latest entrepreneur learning materials.
If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with EOS (except for matters that may be taken to small claims court).
5. Membership, Free Trials, Billing and Cancellation
i. Ongoing Membership. Your EOS membership, which may start with a free trial, will continue month-to-month unless and until you cancel your membership, or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the EOS service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.
b. Free Trials
i. Your EOS membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. EOS reserves the right, in its absolute discretion, to determine your free trial eligibility.
ii. We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the “View billing details” link on the “Your Account” page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
iii. 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. CLICK THE “YOUR ACCOUNT” LINK AT THE TOP OF THE EOS WEB PAGE TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.
i. Recurring Billing. By starting your EOS membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the EOS service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
iv. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
v. Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “Your Account” link, available at the top of the pages of the MM website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
vi. Cancellation. You may cancel your EOS membership at any time and you will continue to have access to the EOS Services through the end of your monthly billing period. At the end of your access period, all EOS Services will be shut off. However, access to purchased materials from 3rd-Parties will still be available, except that such materials will not be updated with any additional new content that the provider might add to that material after your cancellation.
vii. EOS DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, go to the “Your Account” page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “View billing details” on the “Your Account” page. If you signed up for EOS using your account with a third party as a Payment Method, and wish to cancel your EOS membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the EOS service through that third party. You may also find billing information about your EOS membership by visiting your account with the applicable third party.
6. EOS Services
a. We are a subscription service that provides our members with access to Entrepreneurial Training Materials (“Material”) delivered to you through your membership portal.
b. We have partnered with certain entrepreneurs to provide current and up-to-date Material to engage and teach you on your path to entrepreneurial success.
c. The EOS Services, and any other content viewed through your EOS membership, are for your individual use only. During your EOS membership, we grant you a limited, exclusive, non-transferable membership to access the EOS Services and to use various Materials based on your chose Membership. Except for the foregoing Membership, no right, title or interest shall be transferred to you.
d. Upgrades and Additions. You may upgrade you EOS Services at any time without continuing your previous plan. Simply request an update the “Upgrade My Plan Form.” Your next month’s change will correspond with you upgraded plan. You may also add a plan to your account by requesting an addition plan by using the “Add Plan Form.”
e. YOU AGREE NOT TO USE THE PRODUCTS IN ANY PUBLIC FORUM, which includes anywhere outside your home or personal office and will not share with anyone living or working in your home or office.
f. We continually update the EOS Services. We reserve the right to, and by using our Service you agree that we may include you in or exclude you from these tests and updates without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our Service.
h. THE AVAILABILITY OF MATERIALS WILL CHANGE FROM TIME TO TIME. EOS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE USER EXPERIENCE OR THAT YOU WILL HAVE ENTREPRENEURIAL SUCCESS BY ACCESS THE MATERIALS.
i. EOS software and website are developed by, or for, EOS and is designed to enable Services placement by EOS accessible through all devices. Our software and website may vary by device and medium, and functionalities may also differ between devices. By using our Services, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the EOS Services. If your device is sold, lost or stolen, please deactivate the EOS Services. If you fail to log out or deactivate your device, subsequent users may access the EOS Services through your account and may be able to access certain of your account information. To deactivate a device, follow instructions on the “Your Account” page of our website. You are solely responsible for all liability regarding someone else accessing your devices.
7. Passwords & Account Access
a. The member who created the EOS account and whose Payment Method is charged is referred to here as the Account Owner. The profile of the member and the Payment Method must be the same. The Account Owner has access and control over the EOS account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting EOS Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
b. In order to provide you with ease of access to your account and to help administer the EOS Services, EOS implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the EOS Services, which includes accessing via EOS ready devices or website.
c. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the EOS website and not through a hyperlink in an email or any other electronic communication, even if it looks official. EOS reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. EOS is not obligated to credit or discount a membership for holds placed on the account by either a representative of EOS or by the automated processes of EOS.
8. Disclaimers of Warranties and Limitations on Liability
a. THE EOS SERVICES, CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE EOS SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. EOS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE EOS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. EOS SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, EOS READY DEVICES, AND EOS SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICES).
b. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL EOS OR ANY OF THEIR MEMBERS, MANAGERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
d. You are responsible for any liability regarding the use of our Services once you have access to them. When cancel the Services, you will remain liable and are required to indemnify EOS for any risks and liabilities arising during the final month of your use of any Materials. All other liability, including the substances on the Materials, shall remain your liability.
9. Gifts & Promotions. In certain jurisdictions, gift cards for the EOS service may be available for purchase at third-party retail outlets and websites, which can be redeemed on our website. The purchase and redemption of gift cards are subject to the gift terms. From time to time, other types of promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Gift cards and promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, including a free trial, subject to certain restrictions as determined by EOS in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.
10. Intellectual Property
a. Copyright. The EOS Services, including all content provided on through software, websites, packaging, is protected by copyright, trade secret or other intellectual property laws and treaties.
b. Trademarks. Entrepreneurs of Success is a registered trade name of Entrepreneurs of Success LLC.
Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the EOS service, please notify us at: Entrepreneurs of Success LLC, Attn: Intellectual Property, PO Box 245, Erie, CO 80516; copy O’Rourke Law Firm, LLC, Attn: EOS 155 Madison Street Suite 200, Denver, Colorado 80206.
12. Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the EOS Services. These Applications may import data related to your EOS account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and EOS is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY EOS AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICES IN ALL PLACES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
13. Use of Information Submitted. EOS is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the EOS Services, including the website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the EOS service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note EOS does not accept unsolicited materials or ideas for new Products. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against EOS and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
15. Arbitration Agreement
If you elect to seek arbitration or file a small claim court action, you must first send to EOS, by certified mail, a written Notice of your claim (“Notice”). The Notice to EOS must be addressed to: EOS, LLC, Attn: Arbitration, PO Box 245, Erie, CO 80516 and O’Rourke Law Firm, LLC, Attn: EOS, 155 Madison Street Suite 200, Denver, Colorado 80206 (“Notice Address”). If EOS initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by EOS, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If EOS and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or EOS may commence an arbitration proceeding or file a claim in small claims court.
b. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after EOS receives notice at the Notice Address that you have commenced arbitration, EOS will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000.00 in which event you will be responsible for filing fees.
c. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless EOS and you agree otherwise, any arbitration hearings will take place in the City and County of Denver, Colorado.
d. If your claim is for US$10,000.00 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000.00, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of EOS’s last written settlement offer made before an arbitrator was selected (or if EOS did not make a settlement offer before an arbitrator was selected), then EOS will pay you the amount of the award or US$1,000.00, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
e. YOU AND EOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and EOS agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Last updated: April 17, 2020[/vc_column_text][us_separator size=”small”][vc_column_text el_id=”social”]Social Terms
In addition, we also may use the activity you share to improve the MM experience for other website users in a way that does not personally identify you to such users. For example, if you have agreed to share on MM, we may use your history to indicate to other users that certain Materials are popular.
Please review these Social Terms carefully before deciding to connect your MM member account to Facebook or to use our social features, and if you are not comfortable with the sharing involved, do not connect your account to Facebook and/or use the particular social feature.
By agreeing to these Social Terms, you confirm that you understand and have consented to the following:
Connecting to Facebook
For example, we may use information from Facebook to personalize and improve your experience, our Services and marketing efforts, such as disclosing your name and Facebook profile picture to your Facebook friends on MM to encourage them to connect. If you connect your EOS account to Facebook as part of signing up for MM, we will also use information from Facebook to create your member account.
If you connect your Facebook account to MM anyone using your EOS/MM account will be able to use our social features in association with your Facebook account.
We offer several social features to enhance your MM experience, as explained below. Please note these features may change from time to time and may vary by device, including the exact manner and extent of information shared as well as the choices available to manage these features.
Sharing with friends on MM
If you choose to share on MM, you are consenting to have what Materials you use automatically shared with your Facebook friends. This sharing occurs within the MM service, not on Facebook, and includes your past as well as future MM activity. Please note that your privacy settings on Facebook do not apply to sharing on MM. As a result, if you choose to connect your Facebook and EOS accounts and enable automatic sharing, any of your Facebook friends may be able to see your MM activity on MM, regardless of your Facebook privacy settings.
We provide the following controls over sharing your MM activity: You can turn off ongoing sharing by clicking on the “Your Account” link, selecting “Social Settings,” and then toggling the share button to off.
Disconnecting from Facebook
If you have connected your Facebook account to MM, you can disconnect by clicking on the “Your Account” link, selecting “Social Settings” and then selecting “disconnect.” Disconnecting will prevent any future use of social features, including automatic sharing of future activity.
The features and mechanisms described above may change over time; if you are having any difficulties in using any of the mechanisms described herein, or have questions, please email us at: firstname.lastname@example.org for information on how to contact us.
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