Empresahaus
Terms of Service
Effective Date: October 1, 2026
Last Updated: October 5, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you and Lincoln Barretta Consulting LLC, doing business as Empresahaus ("Empresahaus," "we," "us," or "our") governing your access to and use of the Empresahaus website, web application, platform, member dashboard, matching services, communications, programs, events, products, features, content, and other services that link to or reference these Terms, collectively the "Services." Please read these Terms carefully.
IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION
SECTION 24 OF THESE TERMS CONTAINS AN AGREEMENT TO ARBITRATE CERTAIN DISPUTES ON AN INDIVIDUAL BASIS, A CLASS-ACTION WAIVER, AND A JURY-TRIAL WAIVER. EXCEPT WHERE PROHIBITED BY LAW OR WHERE YOU TIMELY OPT OUT AS DESCRIBED IN SECTION 24, THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS AND REQUIRE MOST DISPUTES BETWEEN YOU AND EMPRESAHAUS TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT.
Electronic Acceptance and Agreement
When Empresahaus presents these Terms to you together with a checkbox, button, or other electronic mechanism for indicating acceptance, your selection of that checkbox, activation of that button, or other affirmative electronic action constitutes your agreement to these Terms and, to the extent permitted by applicable law, your electronic signature. By creating an account, submitting an application or profile, purchasing a Service, or otherwise completing an action for which Empresahaus requires acceptance of these Terms, you agree to enter into a legally binding agreement with Empresahaus. You agree that your electronic acceptance of these Terms has the same force and effect as an agreement executed in writing and that electronic records relating to your acceptance may be used to establish your agreement to the applicable version of these Terms. Empresahaus may maintain records reasonably necessary to document your acceptance, which may include your account or user identifier, the version and effective date of the Terms presented to you, the date and time of acceptance, the method or interface through which acceptance occurred, and other technical information reasonably necessary to establish the acceptance event, in accordance with the Empresahaus Privacy Policy and applicable law. If Empresahaus materially changes these Terms and determines, or applicable law requires, that renewed affirmative acceptance is necessary, we may require you to review and accept the revised Terms before you may continue using some or all of the Services. Your acceptance of a revised version will apply from the effective date of that version and will not retroactively alter the terms applicable to conduct occurring before that effective date, except where permitted or required by applicable law. If you do not agree to these Terms, do not access or use the Services.
1. THE EMPRESAHAUS SERVICE
Empresahaus is a professional connection, collaboration, and team-building platform designed to help independent professionals connect with other people, form teams, develop ideas, collaborate, and pursue professional or entrepreneurial opportunities. Member portions of the Services are offered only to individuals whose primary residence is located in one of the fifty (50) states of the United States or the District of Columbia. Publicly accessible portions of the Services may be accessed from other locations, but such access does not make a person eligible for Empresahaus membership. Depending on the Services available at a particular time, Empresahaus may allow users to: create or generate an Empresahaus member profile; submit professional information; upload a resume, curriculum vitae, portfolio, document, photograph, or other material; provide a personal, professional, portfolio, or business website; answer profile, matching, application, or assessment questions; identify professional roles, skills, interests, preferences, availability, goals, or experience; participate in automated or human-assisted profile creation; receive suggested matches, team assignments, introductions, or recommendations; participate in Empresahaus teams; communicate with other members; participate in programs, events, challenges, initiatives, or community activities; access paid or unpaid membership features; receive content, tools, resources, recommendations, or other Services. The exact features of the Services may change over time. Empresahaus does not guarantee that any particular feature, matching methodology, team structure, program, membership level, or Service will remain available indefinitely.
2. EMPRESAHAUS IS A PLATFORM AND FACILITATOR
Empresahaus facilitates professional connections and team formation. Empresahaus is not a party to any business, employment, consulting, partnership, investment, intellectual-property, commercial, contractual, financial, or other relationship that may arise between members unless Empresahaus expressly enters into a separate written agreement stating otherwise. Your use of Empresahaus does not create: an employment relationship between you and Empresahaus; an employment relationship between you and another member; a partnership between Empresahaus and you; a partnership among members; a joint venture involving Empresahaus; an agency relationship; a fiduciary relationship; a franchise relationship; a brokerage relationship;
an attorney-client relationship; an accountant-client relationship; an investment-advisory relationship; a recruiter or employment-agency relationship; or any other relationship not expressly established in a separate written agreement. A team created or recommended through Empresahaus is a collaborative grouping of members, not automatically a legal partnership, corporation, limited liability company, joint venture, employer, or other legal entity. Members who decide to conduct business together are responsible for determining whether to create a separate legal entity and for entering into appropriate agreements concerning ownership, equity, intellectual property, compensation, decision-making, confidentiality, responsibilities, departure rights, and other business matters. Empresahaus strongly encourages members to obtain independent legal, tax, accounting, financial, and other professional advice before creating a business or entering into significant commercial arrangements with other members.
3. ELIGIBILITY
You may use the member portions of the Services only if: you are at least eighteen (18) years old; your primary residence is located in one of the fifty (50) states of the United States or the District of Columbia; you have legal capacity to enter into a binding contract; your use of the Services is not prohibited by applicable law; you have not previously been permanently suspended or removed from Empresahaus unless we expressly authorize your return; the information you provide to us, including information concerning your residence, is truthful and materially accurate; and you are using the Services on your own behalf unless Empresahaus expressly authorizes another arrangement. The residency requirement in this Section is based on where you maintain your primary residence and is not a requirement that you be a United States citizen. For purposes of membership eligibility under these Terms, the "United States" means the fifty (50) states and the District of Columbia and does not include Puerto Rico or any other United States territory or possession. This geographic availability rule does not limit rights protected by applicable civil-rights law. "Primary residence" means the principal place where you ordinarily reside. Temporary travel outside the United States does not by itself make you ineligible for membership if your primary residence continues to satisfy this Section. Eligibility for Empresahaus membership does not constitute verification of United States citizenship, immigration status, employment eligibility, or authorization to work in the United States. By creating or maintaining an Empresahaus account, applying for membership, or using the member portions of the Services, you represent and warrant that you satisfy and will continue to satisfy these eligibility requirements.
You agree to maintain accurate information concerning your residence and to promptly update that information if your primary residence changes. If you cease to maintain your primary residence within the United States as defined in this Section, you will no longer be eligible to use the member portions of the Services, and Empresahaus may restrict, suspend, or terminate your membership or account, subject to applicable law. If we terminate a paid membership solely because of a change in residence, we will refund the unused portion of any prepaid, nonrefundable period to the extent required by law. Empresahaus may request information or documentation reasonably necessary to verify your identity, age, residence, professional affiliation, or other eligibility information where reasonably necessary for membership eligibility, security, fraud prevention, legal compliance, or platform integrity. Verification, if performed, does not constitute an endorsement or guarantee of a person.
4. YOUR ACCOUNT
Certain Services may require you to create an account. You agree to: provide accurate and current information; maintain accurate profile and contact information; maintain only accounts that Empresahaus permits you to maintain; protect your login credentials; use reasonable security precautions; not permit unauthorized persons to access your account; immediately notify Empresahaus if you believe your account has been compromised; and accept responsibility for activity conducted through your account to the extent permitted by law. You may not sell, rent, transfer, sublicense, share, or otherwise provide another person with control of your Empresahaus account without our written permission. Empresahaus may reject an application, restrict an account, request additional information, or require additional verification when reasonably necessary to protect the Services, members, Empresahaus, or third parties.
5. PROFILE INFORMATION AND INFORMATION YOU PROVIDE
Empresahaus relies heavily on information provided by members. You may provide information including, without limitation: your name; email address; telephone number; location, including your state of primary residence; professional biography; work history; education; professional skills;
professional role; business interests; portfolio information; professional objectives; entrepreneurial interests; project or venture interests; availability; photographs; resume or CV; personal or business website; social or professional profile information where supported; questionnaire or assessment responses; communications; team preferences; feedback; payment-related information; and other information you choose to provide. You represent and warrant that information you submit is materially truthful and does not intentionally misrepresent your identity, credentials, experience, skills, qualifications, availability, achievements, affiliations, or other material facts. You agree to update information when necessary to prevent your profile from becoming materially misleading. Empresahaus may rely on information you provide when creating profiles and matching or recommending members. You are responsible for the accuracy of information you provide.
6. RESUMES, WEBSITES, DOCUMENTS, AND THIRD-PARTY SOURCES
The Services may permit you to upload a resume or other document or provide a URL to a website or other online resource. By doing so, you represent and warrant that: you have the legal right to provide the material; processing the material as contemplated by these Terms does not violate another person's rights; the material does not contain confidential information that you are prohibited from disclosing; the material does not contain malicious software or code; you are authorized to permit Empresahaus to process the material for purposes of providing the Services. Where technically and legally permitted, Empresahaus may retrieve, review, extract, organize, analyze, summarize, or process publicly available information from a website or URL that you intentionally submit to us for that purpose. Providing Empresahaus with a URL does not authorize Empresahaus to circumvent passwords, authentication requirements, technical restrictions, paywalls, access controls, robots restrictions, contractual restrictions, or other protections imposed by a third-party service.
Empresahaus may decline to access or process any third-party source. You may not use Empresahaus as a means of circumventing another platform's restrictions or terms. You are responsible for complying with any third-party terms that apply to material you submit.
7. INFORMATION YOU SHOULD NOT SUBMIT
Unless Empresahaus expressly requests particular information through a secure feature designed for that purpose, you should not submit: Social Security numbers; tax identification numbers; passport numbers; driver's-license numbers; government identification credentials; bank-account numbers; full payment-card numbers; passwords for third-party services; authentication tokens; private cryptographic keys; medical records; highly sensitive health information; information you are legally prohibited from disclosing; another person's sensitive personal information without authorization; protected trade secrets belonging to an employer, client, or third party; classified information; or other information unnecessary to your use of Empresahaus. Empresahaus may delete, restrict, or refuse to process information that we reasonably believe creates unnecessary security, legal, privacy, or platform risk.
8. PRIVACY AND USE OF PERSONAL INFORMATION
Your privacy is important to Empresahaus. Our collection, use, disclosure, retention, processing, and protection of personal information are described in the Empresahaus Privacy Policy. The Privacy Policy is a separate notice describing our data practices and is not incorporated into these Terms as a contractual promise except to the extent expressly stated in these Terms or required by applicable law. Our use of cookies and similar technologies is described in our Cookie and Tracking Technologies Policy or applicable cookie notice. By using the Services, you acknowledge that you have received or have had an opportunity to review those notices. Where applicable law requires separate consent for a particular processing activity, your acceptance of these Terms will not substitute for that separate consent. Among other things, information you provide may be processed as reasonably necessary to: establish and maintain your account;
create and maintain your Empresahaus profile; operate the matching system; generate recommendations; identify potentially compatible team members; organize members into teams; facilitate introductions; provide requested Services; personalize your experience; communicate with you; administer memberships and payments; maintain platform security; prevent fraud and misuse; enforce these Terms; provide customer support; troubleshoot technical problems; improve the Services; analyze how the Services perform; comply with law; establish, exercise, or defend legal rights; and perform other activities described in our Privacy Policy. Information that is intended to facilitate a match may be shared with prospective or actual teammates or other members where reasonably necessary to provide the applicable Service. Do not include information in your profile that you are unwilling to have shared with persons who may receive access to that profile through the Services.
9. AUTOMATED PROFILE CREATION, AI, AND MATCHING SYSTEMS
Empresahaus may use software, algorithms, artificial intelligence, automated systems, human review, or combinations of these methods to: analyze information submitted by members; extract information from authorized materials; categorize professional experience; identify skills or roles; create draft profiles; summarize information; generate recommendations; evaluate potential compatibility; rank possible matches; assign or recommend team roles; create teams; improve matching methodologies; detect fraud or abuse; personalize Services; or provide other functionality.
9.1 Sensitive Characteristics and Matching
Empresahaus is designed to make matching and recommendation decisions based primarily on professional and collaboration-related information, such as skills, experience, professional interests, project interests, goals, availability, role preferences, and other information reasonably relevant to team compatibility. Empresahaus does not intentionally use sensitive personal characteristics as criteria to determine, rank, recommend, include, or exclude members from team matches unless the use is specifically disclosed, legally permitted, reasonably necessary for the applicable feature, and subject to any consent required by applicable law. For purposes of this Section, sensitive personal characteristics may include, where protected or treated as sensitive under applicable law, information concerning race or ethnic origin, religion or philosophical beliefs, political opinions or affiliations, trade union membership, health or disability, sex life or sexual orientation, sex, gender or gender identity, citizenship or immigration status, genetic information, biometric information used for unique identification, or other characteristics afforded heightened protection under applicable law. Empresahaus does not intentionally infer sensitive personal characteristics from resumes, profiles, uploaded documents, communications, photographs, websites, or other Member Content for purposes of team matching unless such processing is specifically disclosed and lawfully implemented. The foregoing does not prevent Empresahaus from processing sensitive personal information where reasonably necessary for a purpose unrelated to team matching, such as account security, fraud prevention, identity verification, accessibility, member safety, legal compliance, responding to a member's request, or another purpose described in the Empresahaus Privacy Policy and permitted by applicable law. If Empresahaus introduces a feature that materially changes how sensitive personal information is used in matching or recommendations, we will provide any notice, choice, or consent required by applicable law before applying that materially different use. Automated systems may make mistakes. A generated profile, characterization, role classification, recommendation, compatibility score, team assignment, summary, or other output may be inaccurate, incomplete, outdated, or inappropriate. You are responsible for reviewing information presented about you and notifying us of material inaccuracies where correction functionality is available. Empresahaus does not represent or warrant that: an algorithm will identify your ideal role; a profile generated from your information will capture every relevant fact; a suggested teammate will be compatible with you; a matching score predicts actual team performance; two people with similar stated goals will work well together; a team's skills will be sufficient to create a successful venture; or any automated output will be error-free.
The matching methodologies, scoring systems, algorithms, models, weighting, processes, and related technology used by Empresahaus may constitute proprietary information and trade secrets of Empresahaus. Except where disclosure is required by applicable law, Empresahaus is not required to disclose proprietary matching formulas, source code, model weights, internal ranking systems, or trade secrets.
9.2 Third-Party Artificial Intelligence Providers and Model Training
Empresahaus may use third-party artificial intelligence, machine-learning, large language model, or similar technology providers to perform functions on our behalf, including extracting or organizing information, generating profile summaries, classifying professional experience or skills, supporting matching and recommendations, assisting with safety or fraud prevention, and providing other features of the Services. In connection with those functions, Empresahaus may transmit or otherwise make available to such providers information reasonably necessary to perform the applicable Service, which may include Member Content, profile information, resume or curriculum vitae information, uploaded documents, matching information, prompts, inputs, outputs, and other information processed through the applicable feature. Where a third-party artificial intelligence provider processes non-public member information on behalf of Empresahaus, Empresahaus authorizes such processing only for purposes connected with providing services to Empresahaus and subject to applicable contractual restrictions on its use, confidentiality, security, and legal compliance. Empresahaus does not authorize third-party artificial intelligence providers to use private Member Content or other non-public member information to train, fine-tune, or improve their general-purpose artificial intelligence or machine-learning models for the provider’s own or unrelated purposes, unless Empresahaus separately discloses that practice and obtains any consent required by applicable law. For purposes of this provision, private or non-public member information may include non-public profiles, resumes or CVs, uploaded documents, private team communications, matching information, prompts or inputs submitted through private features, and other Member Content that a member has not intentionally made publicly available. This restriction does not prohibit Empresahaus or its service providers from processing information as reasonably necessary to provide, secure, maintain, troubleshoot, evaluate, or protect the applicable Services, or from using de-identified or aggregated information where such information is no longer reasonably linked to an identifiable individual and its use is permitted by applicable law. Additional information regarding Empresahaus’s use of artificial intelligence and personal information is provided in the Empresahaus Privacy Policy.
10. NO GUARANTEE OF A MATCH
Submitting information or becoming a member does not guarantee that you will receive a match. Empresahaus does not guarantee: a match within any particular period;
a match at all; placement into a specific role; placement with any particular individual; a particular team size; geographic compatibility; personality compatibility; schedule compatibility; skill compatibility; team longevity; member participation; member responsiveness; member reliability; member performance; team performance; or satisfaction with a match. Empresahaus may determine that sufficient compatible members are not currently available. We may delay a match, modify a team, replace a member, dissolve a team, reorganize a team, decline to match a member, or use other reasonable measures necessary to operate the Services. A matching decision does not constitute a professional endorsement of any member.
11. NO GUARANTEE OF RESULTS
Empresahaus provides an environment for connection and collaboration. EMPRESAHAUS DOES NOT GUARANTEE EMPLOYMENT, CLIENTS, CONTRACTS, INVESTMENT, FUNDING, REVENUE, PROFITS, EQUITY, BUSINESS FORMATION, PRODUCT DEVELOPMENT, BUSINESS SUCCESS, CAREER ADVANCEMENT, INTELLECTUAL-PROPERTY CREATION, PERSONAL COMPATIBILITY, OR ANY OTHER PROFESSIONAL, COMMERCIAL, OR FINANCIAL RESULT. Testimonials, success stories, member examples, case studies, projected scenarios, or descriptions of outcomes experienced by others do not constitute promises that you will achieve the same or similar results. Professional and entrepreneurial outcomes depend upon numerous factors outside Empresahaus's control.
12. OTHER MEMBERS AND DUE DILIGENCE
Empresahaus may introduce you to people you do not already know. You understand and agree that interactions with other members involve risks inherent in interacting with third parties. Unless Empresahaus expressly states otherwise for a particular feature: Empresahaus does not perform comprehensive background checks on every member; Empresahaus does not independently verify every credential; Empresahaus does not independently verify every employment claim; Empresahaus does not independently verify every educational claim;
Empresahaus does not verify every business; Empresahaus does not guarantee a member's identity; Empresahaus does not guarantee a member's financial condition; Empresahaus does not guarantee a member's legal history; Empresahaus does not guarantee a member's professional competence; Empresahaus does not guarantee a member's intentions; Empresahaus does not guarantee that a member will honor commitments; and Empresahaus does not guarantee that information provided by a member is accurate. Even where Empresahaus performs some form of identity or information verification, no verification process eliminates all risk. You are responsible for conducting whatever independent due diligence you consider appropriate before: sharing sensitive information; performing services; hiring someone; entering into a contract; forming a company; transferring intellectual property; contributing money; making an investment; granting equity; sharing account access; entering financial arrangements; or otherwise relying materially on another member.
13. MEMBER RELATIONSHIPS AND AGREEMENTS
Empresahaus may facilitate an introduction, but members control what happens after that introduction. If you and another member choose to enter into an agreement, that agreement is solely between the participating parties unless Empresahaus expressly signs it. Empresahaus is not responsible for: negotiating member agreements; determining appropriate equity allocations; calculating compensation; deciding ownership; collecting member debts; resolving ownership disputes; enforcing member promises; supervising member work; determining tax classification; determining employment classification; deciding whether a member owes another member compensation; or adjudicating disputes between members.
Empresahaus may, but is not obligated to, assist informally with member conflicts or team-management issues. Any such assistance does not make Empresahaus a mediator, arbitrator, fiduciary, attorney, manager, employer, partner, or adjudicator.
14. IDEAS, INTELLECTUAL PROPERTY, AND TEAM COLLABORATION
14.1 Your Existing Intellectual Property
As between you and Empresahaus, you retain ownership of intellectual property that you owned before submitting it to or using it with the Services. Empresahaus does not acquire ownership of your business idea, invention, brand, creative concept, business plan, software, design, trade secret, or other intellectual property merely because you use Empresahaus.
14.2 Work Created With Other Members
Empresahaus does not determine ownership of intellectual property created collaboratively by members. Members are responsible for agreeing among themselves, preferably in writing, regarding: ownership of preexisting intellectual property; ownership of newly created intellectual property; work-for-hire arrangements; licenses; equity; attribution; compensation; confidentiality; access to source files or source code; use of business names; domain names; customer information; departure of team members; dissolution of the team; and any other rights relating to collaborative work. DO NOT ASSUME THAT PARTICIPATING ON AN EMPRESAHAUS TEAM AUTOMATICALLY GIVES YOU OWNERSHIP IN ANOTHER MEMBER'S IDEA OR IN WORK CREATED BY ANOTHER MEMBER. Likewise, do not assume that contributing an idea automatically gives you exclusive ownership of everything subsequently developed by a team. Applicable law and any agreements among members will determine those rights.
14.3 Sharing Ideas Carries Risk
Professional and entrepreneurial collaboration necessarily involves exchanging ideas. Ideas themselves may not always be protected by intellectual-property law.
You understand that another member may already be developing, or may later independently develop, an idea, concept, business, feature, process, product, or service that is similar to something you discuss. Empresahaus cannot guarantee that another member will not independently pursue a similar concept. If information is sufficiently sensitive that disclosure could materially harm you, you should consider entering into an appropriate nondisclosure, confidentiality, intellectual-property, founder, contractor, or collaboration agreement before disclosing it.
14.4 No Automatic NDA
These Terms do not automatically create a comprehensive nondisclosure agreement among all Empresahaus members. Members remain responsible for protecting legally confidential or proprietary information.
14.5 Misappropriation Is Prohibited
You may not knowingly steal, misappropriate, unlawfully disclose, or unlawfully exploit another person's trade secrets, copyrighted works, confidential materials, credentials, account access, or other legally protected property through the Services. Empresahaus may suspend or terminate a member for credible violations of this provision.
15. MEMBER CONTENT
"Member Content" means information or content that you provide, submit, upload, create, transmit, publish, or otherwise make available through the Services, including profile information, text, files, images, documents, portfolio materials, resumes or CVs, comments, messages, communications, and similar materials. As between you and Empresahaus, you retain ownership of original Member Content that you own. You grant Empresahaus a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to host, store, reproduce, process, format, adapt, display, transmit, and otherwise use your Member Content to the extent reasonably necessary to operate, provide, secure, maintain, personalize, analyze, develop, and improve the Services and to perform the activities described in the Empresahaus Privacy Policy. These rights are subject to the following limitations: Service-Related Use. Empresahaus may use Member Content only for purposes reasonably related to operating, providing, securing, maintaining, personalizing, evaluating, developing, or improving Empresahaus and the Services, including profile creation, matching, recommendations, communications, fraud prevention, safety, technical support, quality assurance, and development of features and functionality. Third-Party Service Providers. Empresahaus may permit service providers, contractors, and technology providers, including artificial intelligence and machine-learning providers, to process Member Content on our behalf only as reasonably necessary to provide services to Empresahaus and subject to applicable contractual, privacy, security, and legal requirements.
No Unrelated Third-Party AI Training. The license you grant to Empresahaus does not authorize Empresahaus to permit a third-party artificial intelligence or machine-learning provider to use your private Member Content or other non-public member information to train, fine-tune, or improve the provider's general-purpose artificial intelligence or machine-learning models for the provider's own or unrelated purposes, unless Empresahaus separately discloses that use and obtains any consent required by applicable law. Privacy and Visibility Choices. Personal information contained in Member Content will be processed in accordance with the Empresahaus Privacy Policy and any privacy, visibility, consent, or sharing settings applicable to the relevant feature. No Transfer of Ownership. This license does not transfer ownership of your Member Content to Empresahaus. As between you and Empresahaus, you retain any ownership rights you have in your original Member Content. This license allows Empresahaus, for example, to: store your resume, CV, portfolio, or other uploaded documents; extract, organize, classify, summarize, or otherwise process information from materials you provide; format information into an Empresahaus profile; display profile information to persons authorized to view it; share applicable profile information with prospective or actual teammates; generate matching, role, compatibility, or recommendation outputs; process information using authorized artificial intelligence, machine-learning, or automated systems; resize, convert, format, or otherwise technically modify uploaded files; create copies reasonably necessary for operation, security, backup, or disaster recovery; permit authorized service providers to process information on our behalf; and otherwise process Member Content as reasonably necessary to provide the feature or Service for which it was supplied. Unless you separately authorize us to do so, Empresahaus will not represent that your name, likeness, photograph, testimonial, venture, business, or personal success endorses Empresahaus in external advertising or promotional materials. The license granted under this Section ends when the applicable Member Content is deleted from active systems, except to the extent continued retention or processing is reasonably necessary or permitted for: reasonable technical periods required to remove information from backups or disaster-recovery systems; information another member or third party lawfully retained after it was shared with them; compliance with legal, regulatory, tax, accounting, or recordkeeping obligations; fraud prevention, security, safety, dispute resolution, enforcement, or protection of legal rights; compliance with a legal hold, subpoena, court order, or other lawful process; de-identified or aggregated information that is no longer reasonably linked to an identifiable individual; or other circumstances described in the Empresahaus Privacy Policy or permitted by applicable law.
For clarity, nothing in this Section authorizes Empresahaus to sell your private Member Content or to use the Member Content license as a basis for allowing an unrelated third party to commercially exploit your private Member Content independently of providing services to Empresahaus. Any materially different use of personal information is subject to the Empresahaus Privacy Policy, applicable law, and any notice or consent required by applicable law.
16. MEMBER CONTENT REPRESENTATIONS
You represent and warrant that: you own your Member Content or have sufficient rights to provide it; your Member Content does not knowingly violate another person's intellectual-property rights; your Member Content does not knowingly violate privacy or publicity rights; you have authority to disclose the information; your Member Content is not unlawfully defamatory; your Member Content does not contain malware; and our processing of your Member Content as contemplated by these Terms does not violate applicable law. Do not upload confidential information belonging to an employer, client, customer, business partner, or other third party unless you are authorized to do so.
17. INFORMATION RECEIVED ABOUT OTHER MEMBERS
Access to another member's information is provided for legitimate Empresahaus purposes. You may not: sell another member's information; purchase another member's information through the Services for resale; create an unauthorized database of members; scrape member profiles; systematically copy profiles; use member information for identity theft; use member information for stalking or harassment; publish private member information without authorization; use non-public information for unrelated mass marketing; send unlawful spam; use information to discriminate unlawfully; attempt to reconstruct sensitive attributes that the Services do not provide; or otherwise use member data for purposes materially inconsistent with the reason it was made available to you. When Empresahaus introduces you to another member, you may use information shared with you for legitimate professional communication and collaboration consistent with these Terms and applicable law.
18. COMMUNITY STANDARDS AND PROFESSIONAL CONDUCT
Your use of Empresahaus is also subject to the Empresahaus Community Standards, which are incorporated into these Terms by reference.
At a minimum, you agree not to use Empresahaus to: harass, intimidate, threaten, stalk, or abuse another person; engage in unlawful discrimination; promote violence or credible threats of violence; impersonate another person; create materially deceptive profiles; defraud another person; engage in extortion; facilitate criminal activity; distribute malware; conduct phishing; obtain passwords or account credentials improperly; infringe intellectual-property rights; publish another person's private information unlawfully; engage in sexual harassment; exploit or endanger minors; send unauthorized bulk solicitations; manipulate the matching system fraudulently; interfere with the Services; use bots to create accounts or inauthentic activity; circumvent security controls; use the Services to collect information for unlawful surveillance; use the Services to facilitate unlawful financial activity; or encourage another person to engage in prohibited conduct. Empresahaus may investigate suspected violations and take action it reasonably considers appropriate.
19. PLATFORM SECURITY AND PROHIBITED TECHNICAL USE
Except as expressly permitted in writing by Empresahaus, you may not: scrape or crawl the Services; use automated systems to extract member information; access the Services through unauthorized automated means; reverse engineer the Services; decompile or disassemble proprietary software; attempt to discover source code; attempt to extract proprietary matching logic; probe for vulnerabilities without authorization; bypass rate limits; bypass authentication; circumvent technical controls; interfere with servers or networks; launch denial-of-service attacks; introduce malicious code; create fraudulent accounts;
use another member's credentials; defeat access restrictions; copy substantial portions of the member database; mirror or frame the Services; reproduce the appearance of the platform in a misleading manner; or use the Services to develop a competing member database through unauthorized extraction of Empresahaus information. Nothing in this section restricts rights that applicable law expressly provides and that cannot lawfully be waived.
20. EMPRESAHAUS INTELLECTUAL PROPERTY
The Services, excluding Member Content, are owned by or licensed to Empresahaus and may include protected: software; databases; algorithms; matching methodologies; models; questionnaires; scoring systems; workflows; interfaces; designs; graphics; text; photographs; video; trademarks; service marks; trade dress; logos; names; content; documentation; and other intellectual property. Subject to your compliance with these Terms, Empresahaus grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for their intended purposes. No other rights are granted. "Empresahaus," associated logos, designs, product names, and related marks are trademarks or proprietary marks of Empresahaus or its licensors. You may not use them in a manner likely to create confusion regarding sponsorship, affiliation, endorsement, ownership, or authorization without permission.
21. FEEDBACK TO EMPRESAHAUS
If you voluntarily provide Empresahaus with suggestions, recommendations, product ideas, feature requests, comments, or other feedback specifically concerning Empresahaus or its Services ("Feedback"), you grant Empresahaus an unrestricted, perpetual, irrevocable, worldwide, royalty-free right to use and exploit that Feedback without compensation or attribution. This section applies to Feedback about Empresahaus. It does not automatically transfer ownership of a venture, invention, business concept, or intellectual property you share with teammates for purposes of your own project.
22. PAID SERVICES, SUBSCRIPTIONS, AND BILLING
Certain Services offered by Empresahaus may require payment or may be offered through recurring subscriptions, memberships, or other paid arrangements. Before you complete a purchase, Empresahaus will disclose the material terms applicable to the paid Service, which may include the price, billing frequency, subscription or renewal period, included features, minimum commitment, automatic-renewal terms, trial or promotional terms, cancellation method, and other material conditions. By purchasing a paid Service, you agree to pay all charges and applicable taxes disclosed to you at or before purchase. If specific pricing, billing, promotional, trial, or other plan-specific terms presented to you at the time of purchase conflict with this Section, the specific terms presented at purchase will control with respect to that paid Service.
22.1 Payment Processing
Empresahaus may use third-party payment processors to process payments and recurring charges. Payment processors may collect and process payment information under their own terms, privacy policies, security practices, and payment-network requirements. Empresahaus does not necessarily receive or store complete payment-card information. You authorize Empresahaus and its authorized payment processors to process payment information as reasonably necessary to complete purchases, administer subscriptions, process recurring charges, prevent fraud, issue authorized refunds or credits, and otherwise administer paid Services. Nothing in these Terms limits any rights you may have against your financial institution, card issuer, payment provider, or payment network under applicable law.
22.2 Recurring Subscriptions and Automatic Renewal
Certain Empresahaus memberships, features, products, or Services may be offered through recurring subscriptions or continuous-service arrangements. Before you complete a recurring subscription purchase, Empresahaus will disclose the material subscription terms, which may include: the subscription price; billing frequency; length of the initial subscription period;
renewal period; whether the subscription automatically renews; any applicable minimum commitment; any free trial, introductory, promotional, or discounted period; the price that will apply after a trial or promotional period; when recurring charges will begin; how and when the subscription may be canceled; and any other material terms applicable to the subscription. Unless otherwise expressly stated at the time of purchase, recurring subscriptions automatically renew at the end of each applicable billing or renewal period until canceled. For example, a monthly subscription will generally renew each month, and an annual subscription will generally renew each year, unless canceled. Your payment method may be charged the then-applicable subscription price at the beginning of each renewal period unless you cancel before the applicable renewal charge is processed.
22.3 Authorization for Recurring Charges
By purchasing a recurring subscription, you expressly authorize Empresahaus and its authorized payment processors to charge the payment method you provide for: the initial subscription charge; subsequent renewal charges; applicable taxes; and any other recurring fees clearly disclosed and authorized by you. Charges will occur according to the billing frequency disclosed when you subscribe. Your authorization remains in effect until the applicable subscription is canceled, expires, or is otherwise terminated. Before charging for an online recurring subscription, Empresahaus will obtain your express informed consent to the automatic renewal or continuous service after clearly presenting its material terms. We will retain a record of that consent. You are responsible for reviewing the subscription terms presented before completing your purchase.
22.4 Subscription Pricing
The price applicable to a paid Service or subscription will be disclosed before you complete your purchase. Subscription prices may vary based on factors including: membership level; features included; billing frequency; geographic location; promotional or introductory offers; legacy or grandfathered pricing; taxes; or
other factors disclosed at the time of purchase. Applicable taxes may be added to the displayed subscription price where required by law.
22.5 Free Trials, Introductory Offers, and Promotional Pricing
Empresahaus may offer free trials, introductory pricing, promotional discounts, discounted subscription periods, or similar offers. The specific terms applicable to an offer will be disclosed when you enroll. Unless otherwise expressly stated, a subscription associated with a free trial, introductory offer, or promotional period may automatically convert into a paid recurring subscription at the disclosed price after the applicable trial or promotional period ends unless you cancel before the applicable charge is processed. Where required by law, Empresahaus will provide any notice, disclosure, reminder, or consent required before a trial or promotional period converts to a paid subscription. Promotional offers may: be limited to certain members or prospective members; be available only to new subscribers; be limited to a specified period; be limited to one use per person, household, organization, account, or payment method; have different renewal pricing; or be subject to additional eligibility requirements disclosed with the offer. Empresahaus may determine eligibility for promotional offers to the extent permitted by applicable law.
22.6 Price Changes
Empresahaus may change the price of a paid Service or recurring subscription prospectively. If a price change will apply to an existing recurring subscription, Empresahaus will provide advance notice where required by applicable law. The notice may identify: the new subscription price; the date the new price will become effective; and instructions for canceling the subscription if you do not wish to continue at the new price. Unless otherwise stated, a new price will apply beginning with a future billing or renewal period and will not retroactively alter charges already processed. Where applicable law requires renewed affirmative consent before charging a changed amount, Empresahaus will obtain that consent.
22.7 How to Cancel a Recurring Subscription
You may cancel renewal of a subscription through your account's subscription or billing settings. If you cannot access that method, email info@lincolnbarretta.com with the email address associated with your account and a request to cancel. A request through either method will stop future recurring charges when received before the next renewal charge is processed. We will confirm cancellation
electronically and will not require a telephone call, mail, or an explanation. If a minimum paid term applies, it will be clearly disclosed before purchase. Canceling renewal stops future renewal charges but does not eliminate charges already due for a validly disclosed minimum term, except where applicable law gives you a right to cancel or obtain a refund.
22.8 Effect of Cancellation
Cancellation generally prevents future automatic renewals. Unless otherwise stated at the time of purchase, canceling a subscription does not immediately terminate access for a billing period that has already been paid. If you cancel during a current paid billing period, you will generally continue to have access to the applicable paid features through the end of that billing period. The subscription will then expire and will not automatically renew. To avoid another renewal charge, cancellation must be completed before the next renewal charge is processed. If you cancel after a renewal charge has already been processed, cancellation will generally apply to the following renewal period unless a refund, credit, rescission, or other remedy is required by applicable law or approved by Empresahaus.
22.9 Cancellation of a Subscription Does Not Automatically Delete Your Account
Canceling a paid subscription and closing or deleting an Empresahaus account are separate actions. Canceling a subscription may stop future recurring subscription charges without deleting: your Empresahaus account; your profile; information you submitted; messages or communications; team or project information; connections with other members; transaction records; or other information associated with your use of the Services. Account closure, deletion, retention, and the handling of personal information are governed by these Terms, the Empresahaus Privacy Policy, and applicable law.
22.10 Refunds
Except where: required by applicable law; expressly stated at the time of purchase; expressly provided in a specific promotion or offer; or otherwise approved by Empresahaus, payments are non-refundable and partial billing periods are not prorated. Empresahaus generally does not provide refunds or credits for:
partially used billing periods; unused subscription time; failure to use available features or Services; changes in personal circumstances; failure to cancel before a renewal charge is processed; or temporary periods during which a member chooses not to use the Services. Nothing in this Section limits any refund, cancellation, rescission, chargeback, or other consumer right that cannot lawfully be waived. Empresahaus may, in its discretion, provide a refund, partial refund, credit, extension, or other accommodation. Providing such an accommodation in one circumstance does not obligate Empresahaus to provide the same accommodation in another.
22.11 Failed or Declined Payments
You are responsible for maintaining a valid payment method for paid Services and recurring subscriptions. If a payment is: declined; expired; reversed; disputed; unavailable; rejected; or otherwise unsuccessful, Empresahaus or its payment processor may attempt to process the payment again to the extent permitted by applicable law and payment-network rules. Empresahaus may also notify you and request that you update your payment information. If payment remains unsuccessful, Empresahaus may suspend, restrict, downgrade, or terminate access to paid features or Services. Termination or suspension for nonpayment does not eliminate valid amounts that became due before termination.
22.12 Updating Your Payment Method
You are responsible for keeping payment information associated with your subscription accurate and current. You may be able to update payment information through your account or through tools provided by Empresahaus or its payment processor. Depending on the applicable financial institution, card network, or payment provider, updated payment credentials may sometimes be supplied automatically to the payment processor. Where permitted by law, continuing to maintain an active recurring subscription authorizes use of an updated payment method made available through applicable payment-account updating services.
22.13 Renewal and Billing Communications
Empresahaus may send transactional or service-related communications concerning paid Services and subscriptions, including: purchase confirmations; receipts; billing notices; renewal notices; annual subscription reminders; upcoming payment notices; trial-expiration notices; promotional-period expiration notices; failed-payment notices; payment-method notices; price-change notices; cancellation confirmations; and other subscription-related communications required by law or reasonably necessary to administer the Service. These communications are transactional or service-related and may be sent even if you have opted out of promotional marketing communications, to the extent permitted by applicable law. You are responsible for maintaining accurate contact information so that Empresahaus can provide subscription-related communications.
22.14 Renewal and Annual Reminders
Empresahaus will provide renewal notices, annual reminders, or other recurring-subscription notices where required by applicable law. Such notices may include information concerning: the existence of the recurring subscription; the billing or renewal frequency; the current or upcoming subscription price; the next applicable renewal or billing date; material changes to the subscription; and instructions for canceling future renewals. The timing and content of such notices may vary based on the subscription and applicable law.
22.15 Suspension or Termination of Paid Services
Empresahaus may suspend or terminate a paid Service or subscription as permitted under these Terms, including for: nonpayment; fraud or suspected fraud; unauthorized payment activity; abuse of the Services; violation of these Terms;
violation of the Community Standards; unauthorized account use; misuse of payment systems; security concerns; or other circumstances in which suspension or termination is permitted under these Terms or applicable law. If Empresahaus terminates a paid Service because of your violation of these Terms or other applicable policies, you may not be entitled to a refund for the remaining subscription period except where required by law. If Empresahaus permanently discontinues a paid Service before the end of a prepaid subscription period for reasons unrelated to your conduct, we will provide a prorated refund for the unused prepaid period, unless you agree to a reasonably comparable replacement Service or applicable law requires a different remedy.
22.16 Changes to Subscription Features
Empresahaus may add, modify, replace, limit, or discontinue features included within a paid Service or subscription as described elsewhere in these Terms. Minor changes, feature improvements, substitutions, redesigns, or adjustments do not necessarily constitute cancellation or termination of the subscription. If a change materially affects an existing paid subscription, Empresahaus will provide any notice, cancellation right, refund, credit, or other remedy required by applicable law.
22.17 Reactivating a Canceled Subscription
If you cancel a subscription and later reactivate or repurchase it, the pricing, features, promotional terms, membership level, and other conditions available at the time of reactivation may differ from those that applied to your prior subscription. Previously offered, promotional, discounted, or grandfathered pricing is not guaranteed after cancellation. Reactivation may require new authorization for recurring charges and acceptance of the then-current subscription terms.
22.18 Disputed or Unauthorized Charges
If you believe a charge from Empresahaus is incorrect or unauthorized, you should contact Empresahaus promptly using the contact information provided through the Services or on the Empresahaus website. You should not transmit complete payment-card numbers or other unnecessary sensitive financial information when contacting Empresahaus. Nothing in these Terms limits your legal right to contact your bank, card issuer, payment provider, consumer-protection agency, or other appropriate authority regarding a disputed or unauthorized transaction.
22.19 State, Federal, and Local Consumer Rights
Subscription, automatic-renewal, continuous-service, cancellation, and consumer-protection laws vary by jurisdiction. Empresahaus will provide additional disclosures, notices, renewal reminders, cancellation mechanisms, consent procedures, or other protections where required by applicable federal, state, or local law. If applicable law provides subscription, cancellation, renewal, refund, or other consumer rights that are more protective than the provisions of this Section, applicable law will control. Nothing in this Section is intended to waive any consumer right that cannot lawfully be waived.
22.20 Taxes
You are responsible for applicable sales, use, transaction, value-added, or similar taxes associated with paid Services, except taxes based on Empresahaus's income. Where Empresahaus is legally required to collect or remit applicable taxes, those taxes may be added to the amount charged to you.
23. COMMUNICATIONS AND ELECTRONIC RECORDS
By using the Services, you consent to receive electronically: account notices; security notices; matching notices; team-related communications; transactional messages; payment notices; policy notices; legal notices; and other communications relating to your use of the Services. Communications may be provided through: the Services; email; SMS or text message where authorized; push notifications; or other contact information you provide. You are responsible for keeping your contact information current. Marketing emails and marketing text messages are subject to applicable law and any separate consent requirements. You may unsubscribe from marketing communications using the applicable unsubscribe mechanism. Unsubscribing from marketing does not necessarily prevent Empresahaus from sending transactional, legal, safety, security, account, or service-related communications. You agree that electronic notices and agreements satisfy legal requirements that communications be in writing to the extent permitted by law.
24. DISPUTE RESOLUTION, ARBITRATION, CLASS-ACTION WAIVER, AND JURY
WAIVER PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
24.1 Informal Resolution First
Before either you or Empresahaus initiates arbitration concerning a dispute, the complaining party must send the other a written Notice of Dispute containing: the complaining party's name and contact information; the account email address, if applicable; a description of the dispute; the relevant facts; the relief requested; and information reasonably sufficient to permit the receiving party to evaluate the matter. Notices of Dispute to Empresahaus may be sent by email to info@lincolnbarretta.com or by mail to: Empresahaus Attn: Legal Lincoln Barretta Consulting LLC d/b/a Empresahaus 109 Bridge St. Unit #1133 Groton, CT 06340 Empresahaus may send a Notice of Dispute to the email or mailing address associated with your account. The parties will attempt in good faith to resolve the dispute informally for at least thirty (30) days after receipt of a Notice of Dispute. During that period, any applicable limitations period will be tolled to the extent permitted by law. A good-faith notice with substantially the information listed above is sufficient; a missing detail will not prevent a party from filing to preserve a claim before a limitations period expires. Either party may request a telephone or video settlement conference during this period.
24.2 Agreement to Arbitrate
Except for matters expressly excluded below, any dispute, claim, or controversy arising out of or relating to: these Terms; the Services; your account; a match; Empresahaus membership; communications with Empresahaus; a purchase; or the relationship between you and Empresahaus,
that cannot be resolved informally shall be resolved through binding individual arbitration rather than in court, to the fullest extent permitted by law. The Federal Arbitration Act will govern the interpretation and enforcement of this arbitration provision.
24.3 Arbitration Administrator
Arbitration will be administered by the American Arbitration Association ("AAA") under the AAA rules applicable to the dispute, including the AAA Consumer Arbitration Rules where applicable and any applicable AAA Mass Arbitration Supplementary Rules. If AAA is unavailable or declines to administer a particular dispute for a reason other than Empresahaus’s failure to comply with AAA requirements or pay required fees, the parties may agree on another nationally recognized administrator. If they cannot agree, a court of competent jurisdiction may appoint an administrator. If AAA declines because Empresahaus fails to comply with its rules or pay required fees, the claimant may bring the claim in a court of competent jurisdiction, without preventing any other remedy available under applicable law.
24.4 Location and Format
For consumer disputes, arbitration may be conducted through written submissions, telephone, video conference, or in the county where you reside, as permitted by applicable AAA rules and the arbitrator.
24.5 Arbitration Fees
Fees and costs will be allocated under applicable AAA rules and applicable law. Empresahaus will pay fees that it is legally required to pay for a consumer arbitration.
24.6 Individual Relief Only
YOU AND EMPRESAHAUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING, EXCEPT TO THE EXTENT THIS RESTRICTION IS PROHIBITED BY LAW. An arbitrator may award any individual relief that a court could award under applicable law, including statutory remedies and attorneys’ fees where authorized, but only to resolve the individual claimant’s dispute. This provision does not restrict public injunctive relief or representative claims to the extent applicable law prohibits their waiver.
24.7 Jury-Trial Waiver
To the extent a claim proceeds in court rather than arbitration: YOU AND EMPRESAHAUS EACH WAIVE THE RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW.
24.8 Exceptions
Nothing in this section prevents either party from: bringing an eligible individual claim in small-claims court;
seeking temporary or preliminary injunctive relief concerning unauthorized access, cybersecurity, intellectual-property infringement, or misappropriation where such relief is legally available; reporting matters to a governmental agency; cooperating with governmental investigations; or exercising rights that applicable law expressly makes non-waivable. At the election of a person alleging sexual assault or sexual harassment, the arbitration agreement and waiver of joint proceedings do not apply to a case covered by 9 U.S.C. § 402.
24.9 Arbitration Opt-Out
You may opt out of the arbitration agreement in this Section by sending written notice to info@lincolnbarretta.com within thirty (30) days after the date you first accept these Terms. Your notice must include: your full legal name; the email address associated with your Empresahaus account; a clear statement that you are opting out of the arbitration provision in the Empresahaus Terms of Service; and the date of the notice. Opting out of arbitration will also opt you out of the class-action waiver and jury-trial waiver in this Section, but will not affect the remaining provisions of these Terms.
24.10 Coordinated or Mass Filings
Where multiple substantially similar arbitration demands are filed with coordinated representation, the applicable AAA Mass Arbitration Supplementary Rules may apply according to their terms. This provision does not authorize class arbitration.
24.11 Severability of Arbitration Provisions
If a court determines that a particular portion of this Section cannot lawfully be enforced as to a particular claim or request for relief, that portion will be severed to the minimum extent necessary, and the remaining enforceable portions will remain in effect.
25. GOVERNING LAW AND COURT VENUE
To the extent a dispute is not subject to arbitration, these Terms and disputes arising from them will be governed by the laws of the State of Connecticut, without regard to conflict-of-law rules, except to the extent federal law applies or applicable consumer law requires otherwise. Subject to Section 24 and any non-waivable legal rights, you and Empresahaus consent to personal jurisdiction in the applicable state and federal courts located in Connecticut. Nothing in these Terms deprives a consumer of protections that applicable law prohibits a business from contractually waiving.
26. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
EMPRESAHAUS AND ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; TITLE; NON-INFRINGEMENT; ACCURACY; AVAILABILITY; SECURITY; RELIABILITY; COMPATIBILITY; QUALITY; AND QUIET ENJOYMENT, TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED. Empresahaus does not warrant that: the Services will always be available; the Services will be uninterrupted; the Services will be error-free; all defects will be corrected; information will always be retained; matching will be accurate; automated outputs will be accurate; members will be truthful; members will behave appropriately; communications will be delivered; teams will remain together; or the Services will meet every user's expectations. Some jurisdictions do not allow certain warranty disclaimers, in which case those disclaimers apply only to the maximum extent permitted by law.
27. MEMBER CONDUCT DISCLAIMER
You understand that Empresahaus does not control every action of every member. To the maximum extent permitted by law, Empresahaus is not responsible for: statements by members; omissions by members; member misconduct; breach of a member-to-member agreement; failure to perform promised work; inaccurate credentials; fraudulent representations by another member; disputes over ideas;
disputes over equity; intellectual-property disputes between members; payment disputes between members; lost business opportunities caused by another member; actions members take outside the Services; offline meetings; conduct at third-party locations; or private communications among members. This section does not exclude liability that applicable law does not permit Empresahaus to exclude.
28. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMPRESAHAUS AND ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, REPUTATION, ANTICIPATED SAVINGS, DATA, OR USE, ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES MAY OCCUR. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF EMPRESAHAUS AND THE OTHER EMPRESAHAUS PARTIES ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID DIRECTLY TO EMPRESAHAUS FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100). The limitations in this section apply regardless of the theory of liability, including contract, tort, negligence, strict liability, statutory claim, or otherwise, except to the extent the applicable remedy or liability cannot lawfully be limited. These limitations do not apply to the extent prohibited by applicable law, including where applicable to liability that cannot lawfully be limited for fraud, intentional misconduct, gross negligence, death, personal injury, or other non-waivable claims. You acknowledge that these limitations are a material basis upon which Empresahaus provides the Services.
29. INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Empresahaus and its affiliates, owners, officers, directors, employees, contractors, agents, licensors, and service providers from and against third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses, and reasonable attorneys' fees arising from or relating to: your unlawful use of the Services; your material violation of these Terms; your Member Content;
your infringement or misappropriation of another person's rights; your material misrepresentation; your unlawful conduct toward another member; a business or commercial arrangement you enter into with another member; or your violation of applicable law. This indemnity does not apply to the extent a claim results from Empresahaus’s own misconduct or breach of these Terms. Empresahaus will give you reasonably prompt notice of a claim, permit you to control its defense with qualified counsel reasonably acceptable to us, and provide reasonable cooperation at your expense. You may not settle a claim in a way that imposes an admission or nonmonetary obligation on Empresahaus without our written consent, which will not be unreasonably withheld. Empresahaus may participate through its own counsel at its own expense. This provision applies only to the extent permitted by applicable law.
30. THIRD-PARTY SERVICES
The Services may contain links to or integrations with websites, software, payment processors, communications tools, analytics providers, artificial-intelligence providers, hosting platforms, calendar systems, video services, or other products operated by third parties. Third-party services are governed by their own agreements and policies. Empresahaus does not control and is not responsible for third-party services. A link or integration does not necessarily imply endorsement. Your use of third-party services may result in information being processed by those providers as described in the Empresahaus Privacy Policy and the provider's applicable terms.
31. SERVICE AVAILABILITY, MODIFICATIONS, AND BETA FEATURES
Empresahaus is continually developing its Services. We may: add features; remove features; change features; change eligibility requirements; modify matching processes; modify team structures; impose reasonable usage limits; suspend features; discontinue features; test experimental functionality; or discontinue all or part of a Service. Where a change materially affects a paid Service during an already-paid term, we will comply with applicable contractual and consumer-protection requirements. Certain features may be identified as beta, preview, experimental, early access, or similar.
Such features may contain additional errors and may be changed or discontinued without notice to the extent permitted by law.
32. SUSPENSION AND TERMINATION
You may stop using the Services at any time. Where account-closing functionality is available, you may request to close your account subject to applicable retention requirements. Empresahaus may restrict, suspend, disable, or terminate access if we reasonably determine that: you materially violated these Terms; you violated the Community Standards; you no longer satisfy the eligibility requirements set forth in Section 3, including the United States residency requirement; your account presents a security risk; your conduct threatens another person; you engaged in fraud; you infringed another person's rights; you abused the matching system; you failed to pay amounts due; your continued access creates material legal risk; we are required to act by law; or suspension or termination is otherwise reasonably necessary to protect Empresahaus, its members, or third parties. For serious safety, fraud, security, or legal concerns, Empresahaus may act without advance notice. Where reasonably appropriate, we may provide notice or an opportunity to appeal. Termination does not eliminate accrued payment obligations or provisions that by their nature should survive termination.
33. EFFECT OF ACCOUNT CLOSURE
Closing your Empresahaus account does not necessarily: delete information already shared with another member; delete copies another member independently retained; invalidate contracts you entered with another member; eliminate amounts already owed; eliminate legal claims; immediately remove information from technical backups; or require Empresahaus to delete information it is legally required or permitted to retain. Personal-information deletion and retention are governed by the Empresahaus Privacy Policy and applicable law.
34. COPYRIGHT AND DIGITAL MILLENNIUM COPYRIGHT ACT
34.1 Copyright Policy
Empresahaus respects the intellectual-property rights of others and expects members and other users of the Services to do the same. You may not upload, publish, transmit, distribute, display, or otherwise make available through the Services content that infringes or misappropriates another person's copyright or other intellectual-property rights. In accordance with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, Empresahaus has adopted procedures for receiving and responding to notifications of claimed copyright infringement concerning material made available through the Services. Empresahaus also maintains a policy providing for the termination, in appropriate circumstances, of accounts of members or users who are determined to be repeat copyright infringers. Empresahaus reserves the right to suspend, restrict, or terminate accounts for copyright infringement or other violations of these Terms, including in circumstances that do not require repeated violations. Empresahaus accommodates and does not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works to the extent required by 17 U.S.C. § 512(i).
34.2 DMCA Designated Agent
The service provider for purposes of the DMCA is: Lincoln Barretta Consulting LLC doing business as Empresahaus Website: empresahaus.com Notifications of claimed copyright infringement and DMCA counter-notifications should be directed to our registered Designated Agent: DMCA Designated Agent: Copyright Compliance Organization: Lincoln Barretta Consulting LLC d/b/a Empresahaus 109 Bridge St. Unit #1133 Groton, CT 06340 Email: info@lincolnbarretta.com Telephone: 212-804-7655
34.3 Notification of Claimed Copyright Infringement
If you believe that material available through the Services infringes a copyright that you own or are authorized to enforce, you may submit a written notification of claimed infringement to our DMCA Designated Agent. To be effective under the DMCA, the notification should include substantially the following:
a physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online location are covered by one notification, a representative list of those works; identification of the material claimed to be infringing or to be the subject of infringing activity, together with information reasonably sufficient to permit Empresahaus to locate the material; information reasonably sufficient to permit Empresahaus to contact the complaining party, such as the complaining party's name, mailing address, telephone number, and email address; a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law; and a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is the copyright owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. A notification that does not substantially comply with applicable DMCA requirements may not be effective. Empresahaus may request additional information reasonably necessary to evaluate or process an incomplete notification.
34.4 Response to Copyright Notifications
Upon receiving a notification of claimed infringement that substantially complies with applicable DMCA requirements, Empresahaus will respond as required by applicable law, which may include expeditiously removing or disabling access to the material identified in the notification. Where required by the DMCA, Empresahaus will take reasonable steps to notify the member or user who provided the affected material that the material has been removed or access to it has been disabled. Removal or restriction of material under this Section does not constitute a determination by Empresahaus that copyright infringement has occurred. Empresahaus reserves the right to remove, restrict, or disable access to content independently under these Terms, the Community Standards, applicable law, or other policies, regardless of whether a DMCA notification has been submitted.
34.5 Counter-Notification
If material you submitted through the Services is removed or disabled in response to a DMCA notification and you believe that the removal or disabling occurred because of mistake or misidentification, you may submit a written counter-notification to our DMCA Designated Agent. To be effective under the DMCA, a counter-notification should include substantially the following: your physical or electronic signature; identification of the material that was removed or to which access was disabled and the location at which the material appeared before it was removed or access was disabled; a statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification; your name, mailing address, and telephone number;
a statement that you consent to the jurisdiction of the United States Federal District Court for the judicial district in which your address is located or, if your address is outside the United States, for any judicial district in which Lincoln Barretta Consulting LLC may be found; and a statement that you will accept service of process from the person who submitted the original notification of claimed infringement or an agent of that person.
Upon receiving a counter-notification that substantially complies with the DMCA, Empresahaus will promptly provide a copy to the original complaining party and inform that party that we will restore the material or cease disabling access in ten business days.
Unless our Designated Agent first receives notice that the complaining party has filed an action seeking a court order restraining the allegedly infringing activity, Empresahaus will restore the material or cease disabling access not less than ten and not more than fourteen business days after receiving the counter-notification. We may continue restricting material for an independent violation of these Terms, the Community Standards, or applicable law.
34.6 Repeat Infringers
Empresahaus will reasonably implement its policy to terminate, in appropriate circumstances, accounts of members or users who repeatedly infringe copyrights. We may also restrict or terminate accounts for other intellectual-property violations as permitted by these Terms and applicable law. In determining whether circumstances warrant restriction or termination, Empresahaus may consider relevant information including valid copyright complaints, counter-notifications, court determinations, admissions, repeated unauthorized use, the nature and seriousness of the conduct, and other information reasonably relevant to enforcement. Nothing in this Section limits Empresahaus's right to suspend or terminate an account for a single serious violation or for other violations of these Terms.
34.7 Misrepresentations
The DMCA provides that a person who knowingly makes certain material misrepresentations concerning whether material or activity is infringing, or whether material was removed or disabled as a result of mistake or misidentification, may be liable for damages, including costs and attorneys' fees. You should therefore submit a DMCA notification or counter-notification only after considering whether the information and statements contained in it are accurate.
34.8 Other Intellectual-Property Complaints
The DMCA procedures described above apply specifically to copyright claims. Complaints concerning trademarks or other intellectual-property rights that are not governed by the DMCA may be submitted to: Empresahaus Lincoln Barretta Consulting LLC Attn: Copyright Compliance Email: info@lincolnbarretta.com
Empresahaus may investigate and take action concerning other intellectual-property complaints as appropriate under applicable law, these Terms, and our policies.
35. REPORTING MISCONDUCT
Members should report suspected: fraud; harassment; threats; impersonation; intellectual-property violations; privacy violations; account compromise; illegal conduct; or other serious violations through the reporting mechanisms made available by Empresahaus. Submitting a report does not guarantee a particular outcome. Empresahaus may determine the investigative and enforcement measures it considers appropriate, subject to applicable law. You may not knowingly submit false, abusive, retaliatory, duplicative, or fraudulent reports.
35.1 Requests to Remove Nonconsensual Intimate Images
An individual depicted in an intimate image or video made available through Empresahaus without their consent, or a person authorized to act on that individual's behalf, may request removal by emailing info@lincolnbarretta.com with the subject line “Intimate Image Removal Request.” This process is available whether or not the individual has an Empresahaus account and covers qualifying digitally altered or generated depictions. Do not attach or forward an intimate image unless we specifically request it through a secure method. The written request should include: (1) the individual's physical or electronic signature, or the signature of their authorized representative; (2) information sufficient to locate the image or video on Empresahaus, such as a link, account name, message details, or screenshot with unnecessary sensitive material obscured; (3) a brief statement that the individual has a good-faith belief that the depiction was published without their consent, with relevant supporting information; and (4) contact information for the individual or authorized representative. Upon receiving a valid request covered by the TAKE IT DOWN Act, Empresahaus will remove the depiction as soon as possible and within forty-eight (48) hours, and make reasonable efforts within that time to identify and remove known identical copies. We may also remove material under our Community Standards or other applicable law. This process is separate from the copyright process in Section 34.
36. OFFLINE MEETINGS AND EVENTS
Empresahaus connections may result in members meeting in person or attending Empresahaus or third-party events.
You are responsible for exercising appropriate judgment and safety precautions. Unless expressly stated otherwise, Empresahaus does not supervise private meetings between members. Empresahaus-sponsored physical events may be subject to additional terms, safety rules, releases, waivers, codes of conduct, or venue requirements. If additional event terms conflict with these Terms concerning a matter specific to an event, the event-specific terms control for that matter.
37. NO PROFESSIONAL ADVICE
Information provided through Empresahaus is for general informational, collaboration, and professional-community purposes. Empresahaus does not provide legal, tax, accounting, investment, securities, medical, employment-law, or other regulated professional advice unless expressly stated in a separate agreement. You should obtain advice from qualified professionals concerning decisions requiring professional judgment.
38. INVESTMENTS, FUNDRAISING, AND SECURITIES
Empresahaus is not a broker-dealer, securities exchange, funding portal, investment adviser, investment bank, or financial institution merely because members meet or discuss business opportunities through the Services. Empresahaus does not recommend any security or investment unless expressly provided through a legally authorized separate service. Members are responsible for complying with applicable securities, investment, fundraising, solicitation, and financial laws. You may not use the Services to conduct unlawful securities offerings, investment schemes, fraud, money laundering, or other prohibited financial activity.
39. EMPLOYMENT AND PROFESSIONAL OPPORTUNITIES
Empresahaus may help members discover collaborators or professional opportunities. Unless expressly stated otherwise: Empresahaus is not an employer of members; Empresahaus does not make hiring decisions for members; Empresahaus does not guarantee employment; Empresahaus does not guarantee contractor engagements; Empresahaus does not establish compensation; Empresahaus does not determine worker classification; and Empresahaus is not responsible for employment or contractor agreements among members. Anyone hiring, engaging, employing, or paying another member is responsible for complying with applicable employment, tax, wage, classification, licensing, insurance, and other laws.
40. CHANGES TO THESE TERMS
Empresahaus may revise these Terms from time to time. The "Last Updated" date will identify the latest version. If we make a material change, we will notify affected members by email or a prominent account notification before the change takes effect, unless an immediate change is reasonably necessary for legal compliance or security, in which case we will provide notice as soon as reasonably practicable. Changes will apply prospectively unless applicable law permits otherwise. If you do not agree to revised Terms, you must stop using the affected Services. Continued use after revised Terms become effective constitutes acceptance to the extent permitted by law. Where applicable law requires affirmative renewed consent, Empresahaus will request it.
41. EXPORT CONTROLS AND SANCTIONS
You may not use the Services in violation of applicable trade sanctions, export controls, anti-boycott laws, or similar legal restrictions. You represent that you are not prohibited from receiving the Services under applicable law.
42. FORCE MAJEURE
Empresahaus will not be liable for delay or failure to perform resulting from events reasonably beyond its control, including: natural disasters; severe weather; fire; flood; epidemic or pandemic; war; terrorism; civil unrest; labor disputes; governmental action; interruption of utilities; internet failures; telecommunications failures; third-party infrastructure failures; cyberattacks; or similar events, except to the extent liability cannot lawfully be excluded.
43. ASSIGNMENT
You may not assign or transfer these Terms, your account, or your rights under these Terms without Empresahaus's prior written consent. Empresahaus may assign these Terms in connection with: a merger; acquisition; corporate reorganization; financing; sale of assets; transfer to an affiliate; or similar transaction, subject to applicable law and our Privacy Policy.
44. SEVERABILITY
If a provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent legally permissible and modified or severed only to the extent necessary. The remaining provisions will remain in full force and effect. The arbitration provisions are additionally subject to the severability rules stated in Section 24.
45. NO WAIVER
Failure by Empresahaus to enforce a provision of these Terms does not constitute a waiver of that provision or any other right. Any waiver must be express and authorized by Empresahaus.
46. NO THIRD-PARTY BENEFICIARIES
Except where these Terms expressly state otherwise, these Terms do not create enforceable rights for third-party beneficiaries.
47. ORDER OF PRECEDENCE
Additional written terms may apply to particular: memberships; programs; events; promotions; purchases; enterprise services; beta programs; or other features. If an additional agreement expressly conflicts with these Terms, the more specific additional agreement controls concerning the subject matter of that agreement.
Personal-information processing is described in the Empresahaus Privacy Policy and is subject to applicable privacy and data-protection law.
48. ENTIRE AGREEMENT
These Terms, together with policies and additional terms expressly incorporated into them, constitute the entire agreement between you and Empresahaus regarding the Services covered by these Terms and supersede prior or contemporaneous understandings concerning those Services. A separate written agreement signed by Empresahaus may supplement or supersede portions of these Terms as expressly stated in that agreement.
49. SURVIVAL
Provisions that by their nature should survive termination will survive, including provisions regarding: ownership; intellectual property; licenses as applicable; payment obligations; member relationships; confidentiality and misuse of information; disclaimers; limitations of liability; indemnification; dispute resolution; governing law; and general contractual provisions.
50. CONTACT INFORMATION
Questions regarding the Services or these Terms may be directed to: Empresahaus Lincoln Barretta Consulting LLC d/b/a Empresahaus 109 Bridge St. Unit #1133 Groton, CT 06340 Email: info@lincolnbarretta.com Privacy inquiries and requests should be directed through the methods identified in the Empresahaus Privacy Policy. Notices of Dispute must be delivered as specified in Section 24.1. Other legal notices to Empresahaus may be sent to the mailing address above unless applicable law requires another method.
51. ACKNOWLEDGMENT
BY CREATING AN ACCOUNT, SUBMITTING AN APPLICATION OR PROFILE, PURCHASING A SERVICE, OR OTHERWISE ACCEPTING THESE TERMS THROUGH THE EMPRESAHAUS INTERFACE, YOU ACKNOWLEDGE THAT: YOU HAVE READ THESE TERMS;
YOU UNDERSTAND THESE TERMS;
YOU AGREE TO BE BOUND BY THESE TERMS;
YOU HAVE REVIEWED OR BEEN GIVEN ACCESS TO THE EMPRESAHAUS PRIVACY POLICY;
YOU UNDERSTAND THAT EMPRESAHAUS FACILITATES CONNECTIONS BUT DOES NOT GUARANTEE THE CONDUCT OR PERFORMANCE OF OTHER MEMBERS;
YOU UNDERSTAND THAT TEAM MATCHING DOES NOT CREATE A LEGAL PARTNERSHIP, EMPLOYMENT RELATIONSHIP, OR JOINT VENTURE;
YOU UNDERSTAND THAT EMPRESAHAUS DOES NOT GUARANTEE EMPLOYMENT, INVESTMENT, REVENUE, BUSINESS SUCCESS, OR OTHER RESULTS;
YOU REPRESENT THAT YOU SATISFY THE MEMBERSHIP ELIGIBILITY REQUIREMENTS IN SECTION 3, INCLUDING THE UNITED STATES RESIDENCY REQUIREMENT;
AND YOU UNDERSTAND THE DISPUTE-RESOLUTION PROVISIONS CONTAINED IN SECTION 24.
