The Fashion Entrepreneurship Terms of Service (“Agreement“) is a contract in electronic form between you (“User”, “you”, “your” and “yourself”) and Fashion Entrepreneurship, Inc. and its parents, successors, subsidiaries, affiliates, (“Fashion Entrepreneurship”), a Delaware Corporation.
By registering, logging onto the Fashion Entrepreneurship website or using the sites or services (collectively, the “Services”), you agree to the terms and condition of this Agreement.
NOTICE OF ARBITRATION AGREEMENT
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE.
All disputes between you and Fashion Entrepreneurship will be resolved by binding arbitration. You thus give up your right to litigate disputes with us in court (except for matters that may be taken to small claims court). Disputes will be decided by a neutral arbitrator and not a judge or jury.
You are entitled to a fair hearing, but arbitration procedures are simpler and more limited than court proceedings. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.
1. Registration. To access and participate in the Services, User may be required to complete a registration process and create an account (“Account”) by providing current, complete and accurate information as prompted by the registration form. Only natural persons may register for an Account. User is responsible for any activities or actions under User’s Account, whether or not User has authorized such activities or actions, and User must promptly notify Fashion Entrepreneurship of any unauthorized use of User’s Account. Fashion Entrepreneurship reserves the right to refuse registration for any reason.
2. Use of the Services. To use our Services you must:
- Comply with all applicable law and regulations and not participate in, facilitate or further illegal activities;
- Immediately notify Fashion Entrepreneurship if you learn of a security breach or other illegal activity on the Services;
- Protect your Account name and password;
- Not post content that contains explicit or graphic descriptions or accounts of sexual acts or is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or tortious;
- Be transparent. Disclose all personal affiliations to companies and holdings in securities when submitting any related content;
- Not engage in activity that is harmful to Fashion Entrepreneurship, our customer or members, advertisers, affiliates, or vendors;
- Not use any automated process to access or use the Service or any process, whether automated or manual, to capture data or content from the Service or circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Service for any reason;
- Not use the Service or any process to damage, disable, impair, or otherwise attack the Service or the networks connected to the Service; and
- Do not attempt to manipulate a stock’s price. Intentionally concealing a position in a security and/or presenting false or misleading statements in order to manipulate a stock price will not be tolerated.
To prevent violations and enforce this Agreement and remediate any violations including engaging in any suspicious activity, Fashion Entrepreneurship can take any technical, legal and other action that Fashion Entrepreneurship deems, in our sole discretion, necessary and appropriate with or without notice to you including notifying any relevant government or regulatory authority.
3. Access. You are responsible for obtaining at your own expense all equipment and services needed to access the Services. If you are accessing the Services by a mobile device, your wireless carrier may charge you fees for data, text messaging, and other wireless access or communications services. Fashion Entrepreneurship does not guarantee that its Services can be accessed through all wireless devices or service plans or are available in all geographical locations.
4. Posting Content on the Sites and Services.
You can post content to the Services only if: (a) you created and own the rights to the content or you have the owner’s express permission to post the content; and (b) the content does not infringe any other person’s or entity’s rights (including copyright, trademarks, or privacy rights) or violate applicable laws, this Agreement, or any other posted policies.
You acknowledge that any content you upload to the Services (including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) may be edited, removed, modified, published, transmitted, and/or displayed by Fashion Entrepreneurship and you waive any rights you may have in having the content altered or changed in a manner not agreeable to you. Content may also be included in Fashion Entrepreneurship’s RSS feeds, APIs and likewise be made available for republishing through other formats.
You grant Fashion Entrepreneurship a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to all of your content, which includes without limitation the right for Fashion Entrepreneurship or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, including any content posted on or to the Fashion Entrepreneurship Site through a third party.
Fashion Entrepreneurship reserves the right to delete, move, or edit any content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
You are responsible for any content you post to our Service and the consequences of sharing or publishing such content with others or the general public. Fashion Entrepreneurship is not responsible for the consequences of sharing or posting any personal or other information on our Services.
5. License.
Fashion Entrepreneurship grants to User a non-exclusive, non-assignable, non-transferable license to use the Services solely for User’s internal non-commercial use.
Unless you have a written agreement in effect with Fashion Entrepreneurship which states otherwise, you may only provide a hypertext link to the Fashion Entrepreneurship Site on another website, provided that (a) the link must be a text-only link clearly marked “Fashion Entrepreneurship Home Page” or “fashionbizinc.org”, (b) the link must point to the URL “fashionbizinc.org” and not to other pages within the Fashion Entrepreneurship Site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Fashion Entrepreneurship’s name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Fashion Entrepreneurship, (e) the link, when activated by a user, must display the Fashion Entrepreneurship Site full-screen and not within a “frame” on the linked website, and (f) Fashion Entrepreneurship reserves the right to revoke its consent to the link at any time in its sole discretion.
6. Restrictions. Except as detailed in Section 5, User shall not market, sell or distribute the Services or otherwise provide the Services to any third parties including, but not limited to, placing or distributing any Fashion Entrepreneurship’s content on a third party platform or utilizing the Services to direct, manage or provide advisory services for clients of another investment advisor without Fashion Entrepreneurship’s prior written consent. User shall not share, transfer, disclose, copy, publish or create derivative works from the content or the Service without Fashion Entrepreneurship’s prior written approval
7. Third Party Notices and Terms. You shall be subject to the third party notices and terms detailed in the Additional Terms.
8. Change in Service. User acknowledges and agrees that nothing in this Agreement constitutes an undertaking by Fashion Entrepreneurship to provide updates, modifications or enhancements to the Service or to continue providing the Service, or any aspect or portion of the Service, in the future. Fashion Entrepreneurship may, in its sole discretion, change any aspect of a Service or discontinue a Service without notice.
9. Payment. User agrees to pay Fashion Entrepreneurship the then effective charges, if any, for access to the Services including all applicable deposits, interest, and late fees and/or penalties. In addition, User shall pay any taxes, charges, or assessments (other than taxes imposed on the net income of Fashion Entrepreneurship) by any foreign or domestic, national, state, provincial or local government bodies or subdivisions thereof, and any penalties or interest relating to the provision of the Service to User. If User is required by applicable law to deduct or withhold any such tax, charge or assessment from the amounts due Fashion Entrepreneurship, then such amounts shall be increased so that the net amount actually received by Fashion Entrepreneurship after deduction or withholding of any such tax, charge or assessment, will equal one hundred percent (100%) of the charges that are owed. Any payments for the Services shall be due within thirty (30) days of receipt of an invoice (if applicable).
10. Confidential Information. User acknowledges that the Services and content therein may be considered confidential and proprietary information belonging to Fashion Entrepreneurship. User shall use the same standard of care that it uses to protect User’s own confidential or proprietary information, but no less than a reasonable standard of care, to prevent the unauthorized use, dissemination or publication of the confidential or proprietary information. The duties in this Section do not apply to information which when compiled and presented in this form is: (1) lawfully within User’s possession, prior to this Agreement; (2) voluntarily disclosed to User by a third-party so long as that party does not breach any obligation not to reveal such information; (3) voluntarily disclosed to the public by Fashion Entrepreneurship; or (4) generally known to the public. The obligation of non-disclosure shall survive for as long as Fashion Entrepreneurship treats the information disclosed to User as confidential.
11. DISCLAIMERS.
THERE ARE NO STANDARDS OF PERFORMANCE FOR THE SERVICE. Fashion Entrepreneurship AND ITS PROVIDERS PROVIDE THE SERVICE AND CONTENT “AS IS” AND MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND EXPRESS, IMPLIED OR STATUTORY REGARDING USE OF THE SERVICE OR THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE CONTENT. Fashion Entrepreneurship AND ITS PROVIDERS DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW US EXCLUDE CERTAIN WARRANTIES. IN THOSE STATES, Fashion Entrepreneurship’S WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW.
From time to time, the Services may include information regarding securities.
Neither Fashion Entrepreneurship nor any of Fashion Entrepreneurship’s third party information providers (“Information Providers“) (nor any of these entities’ officers, employees, directors, or agents): (1) has passed on the merit of any of these securities; or (2) has endorsed or sponsored any of these securities. The information contained herein is provided for informational and educational purposes only, and nothing contained herein should be construed as investment advice, either on behalf of a particular security or an overall investment strategy. ADVICE FROM A SECURITIES PROFESSIONAL IS STRONGLY ADVISED.
The Services may contain information on various finance and accounting issues, securities and securities markets (collectively, “Financial Content“); however there is no guarantee that any information on these matters is true, correct, or precise. ALL INFORMATION, INCLUDING BUT NOT LIMITED TO FINANCIAL CONTENT, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Fashion Entrepreneurship AND THE INFORMATION PROVIDERS MAKE NO REPRESENTATIONS AND DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES OF ANY KIND TO USER AND/OR ANY THIRD PARTY, INCLUDING WARRANTIES AS TO ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Investment related advice and comments presented on the Services are solely those of the individuals or entities who published them. They do not in any way represent the opinions of Fashion Entrepreneurship on whether to engage in any specific investing decision. Use caution as you read through information posted on the Services and when engaging other users.
Fashion Entrepreneurship may, but has no legal obligation to, remove content that it determines in its sole discretion to be inaccurate, unlawful, offensive threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property.