Entrepreneurial Design, Inc.
6138 N Kenmore Ave.
Chicago IL 60660




Contact Us
Entrepreneurial Design, Inc.
Phone: (312) 320-0695
Office Hours:
Monday - Friday
8:30AM to 5:30PM (CST)
PLEASE READ all of the following the Legal Fine Print -- WARNING – USE AT YOUR OWN RISK

DURING ALL PERIODS OF USE, INCLUDING BOTH THE FREE TRIAL PERIOD, ANY OTHER PROMOTIONAL OR TRIAL PERIODS, AND AFTER THE USAGE FEE HAS BEEN PAID, THE FOLLOWING USE AGREEMENT SETS FORTH THE COMPANY’S POLICIES AND THE REASONABLE EXPECTATIONS OF USE BY BOTH THE USER AND THE COMPANY, EXCEPT WHERE PROHIBITED BY LAW

The Use Agreement     The Use Agreement is made and entered into between Entrepreneurial Design, Inc.(“EDI”) and the Subscriber (“Subscriber”) with respect to the products known as Coffee Break Financials™  and Clairstar™  (“Subscription Products“) which are owned by Entrepreneurial Design, Inc., which are a server based on-line software applications and in which Subscriber shall have the right to utilize its own subscription copy.  Subject to the terms and conditions of this Agreement, Entrepreneurial Design, Inc. authorizes Subscriber to access and utilize the Subscription Products throughout the term of this Agreement.

Implied Consent by the Subscriber    By using the information, tools, features and functionality located in the Subscription Products, Subscriber agree to be bound by this Use Agreement, whether during a trial or promotional period or as a paid subscriber.  Subscriber may not use the Subscription products and Subscriber may not be subject to this Use Agreement if Subscriber is not of a legal age or otherwise barred to be a legal party to this Use Agreement with EDI.  Subscribers acknowledges that use of the Subscription Products implies a reasonable expectation of implied consent to the terms and conditions of this Use Agreement, and that the Subscriber has the capacity to be bound by it or if the Subscriber is acting on behalf of a company or entity that you have the authority to bind such entity.  Before Subscriber continues, Subscriber should print or save a copy of this Use Agreement for the Subscriber’s records.

Disclaimer
  • EDI does not guarantee the success of Subscriber’s ability to acquire capital, support, or loans for an entrepreneurial venture or ongoing business.
  • EDI does not guarantee the success of the Subscriber’s venture. The success of a business venture is never solely based on the planning, but rather on how the Subscriber executes.
  • EDI is in not responsible for the execution of the business venture even if the Subscribers rely on the information in the Subscription Products.

Terms of Use     Subscribers shall be permitted to provide password access to the Subscription Products provided that they abide by the terms and conditions of this Use Agreement, including but not limited to that the Subscriber has paid the required fee. 

EDI reserves the right to, without advance notice or liability to add, discontinue, or revise any aspect of the Subscription Products, including, without limitation, such aspects as scope of service, availability of service, time of service availability, or the hardware and/or software required for Subscriber to access and use the Subscription Products, subject to the terms and conditions of this Agreement -- See Refund Policy articulated below.

Subscriber shall be responsible for obtaining and maintaining, at its own expense, all computer hardware, software, communication equipment, Internet access accounts and access lines necessary to access and utilize the Subscription Products.

All Subscribers shall be responsible for maintaining the confidentiality of their passwords, logins and access codes that they register and distribute, and Subscriber will be responsible for all activities and charges resulting from the use of the Subscription Products including unauthorized use.

Subscriber agrees that they or any party authorized by Subscriber to access their copy of the Subscription Products use the Subscription Products for lawful purposes.  Subscribers agree not post or transmit on or through the Subscription Products or through any EDI website any libelous, obscene, or otherwise unlawful information of any kind, and they will not engage in any conduct involving the Subscription Products or through any EDI website that would constitute a criminal offense or give rise to civil liability under any local, provincial, state, federal or other law or regulation and Subscriber will not upload, post, reproduce or distribute to or through the Subscription Products or through any EDI website material protected by copyright, privacy or other proprietary right without first obtaining the written permission of the owner thereof.  Any complaint with regarding violations, including “SPAM” may result in the immediate termination of Subscribers access to the Subscription Products.

Subscriber acknowledges that the Subscription Products contain copyrighted and other proprietary and confidential information and material, and Subscriber will respect all such proprietary rights and take such precautions as may be reasonably necessary to protect private, confidential and other proprietary information and material from unauthorized use or disclosure.

EDI will make a reasonable effort to ensure that information it contributes to the Subscription Products or through any EDI website is timely and accurate.  However, EDI does not endorse or warrant and assumes no responsibility whatsoever for the timeliness, accuracy, reliability, completeness or usefulness of any statement, opinion, advice, service or other information contributed by a third party to the Subscription Products or EDI websites.

Privacy Policy     EDI places the highest importance on respecting and protecting Subscriber privacy.  EDI honors and assumes that the Subscribers have a genuine and reasonable expectation of privacy by entrusting EDI with the Subscriber personal, company and financial information.  EDI will not share your personal information with anyone outside of EDI for any third party promotional or marketing use without Subscriber consent.  EDI reserves the right to use the Subscriber information from time to time to communicate with Subscribers, including but not limited to internal promotion or marketing purposes.  In addition, EDI may summarize Subscriber information combine that information with that of others in a way that does not identify you personally to understand how our products are used and to help us develop new products and services.  EDI may also use service companies and their products and services to help communicate with and deliver EDI products and services to Subscribers; they will not be allowed to use Subscriber information for their own purposes, and EDI will take every reasonable precaution to extend your expectation of privacy.

EDI may, in its discretion, monitor the Subscription Products and Subscribers use thereof to determine and ensure compliance with this Use Agreement and to protect itself and other Subscribers of the Subscription Products and any EDI website from fraudulent, unlawful, dangerous or abusive use of the Subscription Products.  EDI may also intercept and disclose any content, record, use or other information to the extent reasonably necessary to protect the rights of, mechanical function of or service quality control of as permitted by law, or to comply with any law, regulation, or governmental request. 

EDI may also, at its discretion, review, refuse to post or remove any material or information submitted or transmitted to the Subscription Products or through any EDI website.  EDI will not, however, intentionally intercept or disclose any private e-mail message unless required or permitted by law to do so, and EDI shall be under no obligation to monitor, review, screen, or otherwise control any information or material contributed to the Subscription Products.

CONFIDENTIALITY of Credit Card Information     EDI is using a state-of-the-art third-party service to process the subscription fees and charges.  Subscribers acknowledge that they are aware of, and accept as satisfactory, EDI’s credit card protection procedures.  EDI is committed to maintaining the highest security available for protection of the Subscriber credit card information.  However, the commitment to this protection is limited to storage and while transferring, and Subscriber acknowledges their own responsibility for the security of that credit card information in general, and in regard to equipment and connections used to transfer the credit card information to EDI for the purposes of paying the fees and charges of the Subscription Products.  Excluding claims of gross negligence, Subscriber accepts and acknowledges that EDI is not responsible for the security of any credit card data and Subscriber indemnifies and holds harmless EDI from any claim or demand resulting from the theft or loss of any credit card information.

Limited Use License     EDI hereby grants to Subscriber a non-exclusive, non-transferable license to use the Subscription Products in accordance with the terms and conditions of this Use Agreement.  Subscriber agrees to respect the copyright and other proprietary rights of third party licensors the Subscription Products and to abide by the terms of this Limited Use License agreement.  Pursuant to this Agreement, Subscribers may the Subscription products for the purpose for which it is intended.

EDI is the copyright owner of the Subscription Products and reserves all rights.  The technical procedures, processes, methods of operation, and concepts which are embodied within the Subscriber Products are trade secret information of EDI.  This license is not a sale of a copy of the Subscription Products and does not render Subscriber ownership of a copy of the Subscription Products. Ownership of the Subscription Products and all components and copies thereof shall at all times remain with EDI, regardless of who may be deemed the owner of the contents of the Subscription Products.  All data and files submitted by Subscriber to the Subscription Products shall at all times be the property of Subscriber.

Subscriber will make all reasonable efforts to prevent any unauthorized copying of Subscription Products or disclosure or use of the Subscription Products.  Subscriber will be liable for any unauthorized copying, reverse engineering, disclosure and/or use by its employees or agents.

Subscriber will not lease, rent, sell, pledge, assign, sublicense, loan or otherwise transfer to any third party any part of the Subscriber rights under this Use Agreement without the prior written consent of EDI. 

EDI will indemnify Subscriber and hold Subscriber harmless against costs, expenses and liabilities upon any claim by any third party that the Subscription Products infringes or violates any copyright, trademark or trade secret rights of such third party, provided that: a) Subscriber notifies EDI within seven(7) days in writing of any notice of any such claim; b) Subscriber cooperates with EDI in all reasonable respects in connection with the investigation and defense of any such claim; c) EDI shall have sole control of the defense of any action on any such claim and all negotiations for its settlement or compromise; and d) should the Subscription Products, or in EDI’s opinion be likely to become, the subject of a claim of copyright, patent or trademark infringement or trade secret misappropriation, Subscriber will permit EDI at EDI.’s option and expense, either to: i) procure for Subscriber the right to continue using the Subscription Products; ii) replace or modify the same so that it becomes non-infringing; or iii) terminate this license insofar as the use of the Subscription Products are concerned, and refund to Subscriber the proportionate amount of payment fee paid to EDI for the period for which such payment has not been earned.  Notwithstanding anything herein to the contrary, however, EDI shall have no obligation or liability to Subscriber under any provision of this paragraph if any copyright, patent or trademark infringement or trade secret misappropriation claim is based upon the use of Subscription Products in a manner other than that for which it was furnished by EDI or upon any modification by or for Subscriber, in such a way as to cause it to become infringing.

Expectation of Payment by Subscriber to EDI for Use of Subscription Products    Not withstanding any free trial period or other promotional or trial period offered the Subscriber, throughout the term of this Use Agreement, Subscriber agrees to pay EDI the fees and charges for the use of the Subscription Products as determined in accordance with fee schedules established and posted by EDI.   In addition, Subscribers will also pay or reimburse EDI for all sales, use, excise, and other taxes and governmental charges including any other taxes lawfully applied to the transaction by any taxing entity that EDI is at any time required to pay or collect in connection with the furnishing of the Subscription Products.  Subscriber credit cards will be charged for the other charges to be paid under this Use Agreement.  PLEASE NOTE Subscriber credit card statements will indicate that these charges are paid to EDI.  EDI MAY CHANGE THE AMOUNT OF THE SUBSCRIPTION FEES AND CHARGES ANDY ANY OTHER FEES PAID BY SUBSCRIBER BY GIVING AT LEAST FORTY-FIVE (45) DAYS PRIOR WRITTEN NOTICE THEREOF TO PAYING SUBSCRIBERS.

Term and Termination    This Use Agreement shall be effective immediately upon any use of the Subscription Products and shall continue in effect on a month-to-month basis until terminated as provided herein.  Either party may, at its election and in its sole discretion, terminate this Agreement as of the end of any calendar month by written notice to the other party at least thirty (30) days prior to the effective date of termination.  Subscriber may, at its option, terminate this Agreement effective immediately by written notice to EDI within thirty (30) days following the date on which access to the Subscription Products first becomes available to Subscriber.  EDI may, at any time, terminate this Use Agreement and/or terminate Subscriber’s access to any or all of the Subscription products without advance notice if Subscriber or anyone of its authorized agents is deemed by EDI to have committed any violation of this Use Agreement, Subscriber will immediately cease and desist from using the Subscription Products and will lose all access and content on their subscription if they have not saved a copy to a PDF, or other form of document or file.

Refund Policy     EDI will endeavor to correct any failure of the Subscription Products to conform or perform; provided that: a) Subscriber gives EDI written notice of any such claimed failure to so conform or perform within said fifteen(15) day period of the effective date; and b) such failure to so conform or perform is not, in EDI’s reasonable opinion, a result of any modification of or damage to the Subscription Products or its operating environment or of Subscriber’s failure to operate the Subscription Products in the proper hardware and software environment.  Subscriber’s sole and exclusive remedy for breach of the foregoing warranty shall be that: a) EDI will endeavor to correct within a reasonable time any reported failure of the Subscription Products to substantially conform to or perform substantially in accordance with EDI’s specifications; or b) in the event that EDI shall fail or be unable for any reason to correct any failure of the Subscription Products to substantially conform to or perform substantially in accordance with EDI specifications, Subscriber may terminate this license and cease using the Subscribed Products and EDI will refund to Subscriber the prorated amount of any license fee paid to EDI from the date any error is reported.

If Subscriber gives written notice of termination of this Agreement within thirty (72 hours) following the date on which access to the Subscription Products first becomes available to Subscriber, EDI will credit Subscriber’s account for all installation and service fees incurred up to the date on which such notice of termination is received except for customized web site installation charges, which shall not be refunded. Payment terms of all charges under this Use Agreement are net thirty (30) days from date of charge.  Any amount not paid when due will accrue a finance charge at the rate of two percent (2%) per month (26.82% per year), or the highest rate permitted by law, whichever is less, until fully paid.

Update Policy     EDI may, when feasible, remotely update any version of the Subscription Products, either with or without notice to Subscriber.  Such updates may occur automatically or may occur pursuant to prompts which appear on Subscribers terminal screen during use of the Subscription Products.  Any updated version of the Subscription Products to Subscriber by EDI will be subject to all of the same terms and conditions of this Use License or other license agreement applicable to the version being replaced.  The Subscription Products may send email communications to Subscribers explaining the new features of the Subscription Products and other news concerning EDI.

Throughout the term of this Use Agreement, EDI will maintain e-mail support to assist  Subscribers in their use of the Subscription Products as may be posted on www.entrepreneurialdesign.com and the Subscription Products.

DISCLAIMER OF WARRANTIES     EXCEPT AS EXPRESSLY PROVIDED ABOVE, EDI AND INFORMATION AVAILABLE THROUGH THE SUBSCRIPTION PRODUCTS ARE FURNISHED BY EDI AND ACCEPTED BY SUBSCRIBER “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY WHATSOEVER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED.  SUBSCRIBER UNDERSTANDS AND AGREES THAT THE USE OF EDI’S SUBSCRIPTION PRODUCTS IS AT THE SUBSCRIBER’S OWN RISK AND THAT THE DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY WARRANTY, TERM OR CONDITION, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE SERVICES OR USE OF EDI TO BE PROVIDED OR WITH RESPECT TO ANY POSTINGS PURSUANT THERETO, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR CAUSE OR NON-INFRINGEMENT, OR ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

EDI WILL MAKE EVERY EFFORT TO MEET SUBSCRIBER’S REQUIREMENTS AND REASONABLE EXPECTATIONS THAT THE OPERATION OF THE SUBSCRIPTION PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL FAILURES OF THE SUBSCRIPTION PRODUCTS WILL SUBSTANTIALLY CONFORM TO OR PERFORM SUBSTANTIALLY IN ACCORDANCE WITH EDI ‘S SPECIFICATIONS WILL BE CORRECTED.  EXCEPT AS EXPRESSLY PROVIDED ABOVE AND IN SUCH WARRANTIES, IF ANY, AS MAY BE PROVIDED BY THIRD PARTY VENDORS OF EQUIPMENT OR SOFTWARE UTILIZED IN CONNECTION WITH THE SUBSCRIPTION PRODUCTS, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SUBSCRIPTION PRODUCTS, AND INFORMATION OBTAINED THROUGH EDI WEBSITES ARE WITH SUBSCRIBER.

LIMITATION OF EDI LIABILITY     IN NO EVENT WILL EDI BE LIABLE TO SUBSCRIBER OR ANY OTHER PERSON FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, OR OTHER SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY INFORMATION, PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED BY EDI UNDER THIS AGREEMENT OR THE USE THEREOF, EVEN IF EDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND THE AGGREGATE LIABILITY OF EDI UPON ANY CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY INFORMATION, PRODUCTS OR SERVICES FURNISHED OR TO BE FURNISHED BY EDI UNDER THIS AGREEMENT WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE AMOUNT PAID TO EDI BY SUBSCRIBER UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTHING IN THIS AGREEMENT SHALL OPERATE TO RELIEVE EDI FROM LIABILITY FOR ITS OWN WILLFUL OR WANTON RECKLESSNESS OR INTENTIONAL TORTS.

NOTICE     ANY NOTICE REQUIRED OR PERMITTED UNDER THIS USE AGREEMENT MAY BE BY E-MAIL PROPERLY ADDRESS TO THE INTENDED RECIPIENT. 

NON-WAIVER     THE FAILURE BY EITHER PARTY AT ANY TIME TO ENFORCE ANY OF THE PROVISIONS OF THIS USE AGREEMENT OR ANY RIGHT OR REMEDY AVAILABLE HEREUNDER OR AT LAW OR IN EQUITY, OR TO EXEERCISE ANY OPTIN HEREIN PROVIDED, SHALL NOT CONSTITUTE A WAIVER OF SUCH PROVISIOIN, RIGHT, REMEDY OR OPTION OR IN ANY WAY AFFECT THE VALIDITY OF THIS USE AGREEMENT.  THE WAIVER OF ANY DEFAULT BY EITHER PARTY SHALL NOT BE DEEMED A CONTINUING WAIVER, BUT SHALL APPLY SOLEY TO THE INSTANCE TO WHICH SUCH WAIVER IS DIRECTED.

SEVER ABILITY AND CHOICE OF LAW     EVEY PROVISION OF THIS USE AGREEMENT SHALL BE CONSTRUED, TO THE EXTENT POSSIBLE, SO AS TO BE VALID AND ENFORCEABLE.  IF ANY PROVISION OF THIS USE AGREEMENT SO CONSTRUED IS HELD BY A COURT OF COMETENT JURISDICTION TO BE INVALID, ILLEGAL OR OTHERWISE UNENFORCEABLE, SUCH PROVISION SHALL BE DEEMED SEVERED FROM THIS USE AGREEMENT AND ALL OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.  THIS USE AGREEMENT SHALL IN ALL RESPECTS BE GOVERNED BY AND INTERPRETED, CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS APPLICABLE TO THE STATE OF ILLINOIS, USA AND THE PARTIES HERETO IRROVOCABLE SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF ILLINOIS.

ASSIGNMENT AND BINDING EFFECT     EDI MAY ASSIGN, DELEGATE AND/OR OTHERWISE TRANSFER THIS AGREEMENT OF ITS RIGHTS AND OBLIGATION HEREUNDER TO ANY PERSON OR ENTITY.  SUBSCRIBER MAY NOT ASSIGN, DELEGATE OR OTHERWISE TRANSFER THIS USE AGREEMENT OR ANY OTHER OF ITS RIGHTS OR OBLIGATIONS HEREUNDER WITHOUT THE PRIOR WRITTEN CONSENT OF EDI.  THIS USE AGREEMENT SHALL BE BINDING UPON AND INSURE TO THE BENEFIT OF THE PARTIES AND THEIR RESECTIVE SUCCESSORS AND PERMITTED ASSIGNS.

ENTIRE AGREEMENT     THIS AGREEMENT SETS FORTH THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN EDI AND SUBSCRIBER REGARDING THE SUBJECT MATTER HEREOF AND SUPERCEDES ANY PRIOR REPRESENTATIONS, ADVERTISEMENTS, STATEMENTS, PROPOSALS, NEGOCIATIONS, DISCUSSIONS, UNDERSTANDINGS, OR AGREEMENT REGARDING THE SAME SUBJECT MATTER.  THIS AGREEMENT MAY NOT BE MODIFIED OR AMENDED EXECPT BY A WRITING SIGNED BY THE PARTY AGAINST TO WHOM THE SAME IS SOUGHT TO BE ENFORCED.



Last updated June 21, 2010

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