Agreement between User and 10XFactory.com
Welcome to 10xfactory.com. The 10xfactory.com website (the "Site") is comprised of various web pages operated by 10XFactory, LLC ("10XFactory"). 10xfactory.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of 10xfactory.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
10XFactory is a paid membership service that provides access to a Slack channel / channels that connect entrepreneurs throughout the world.
Visiting 10xfactory.com or sending emails to 10XFactory constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that 10XFactory is not responsible for third party access to your account that results from theft or misappropriation of your account. 10XFactory and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
10XFactory does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use 10xfactory.com only with permission of a parent or guardian.
Premium Membership refers to paid access to the 10XFactory entrepreneurship community.
To ensure the quality of our community, we may require an Application Fee.
If your application is approved, you’ll be sent an invite from Slack (a third-party chat provider) to the 10x Accelerator Slack Channel.
Once the invite is sent, your Premium Membership shall begin.
If approved, your Application Fee shall be non-refundable.
Most applications are approved or disapproved within 24 hours.
If your application is not approved, you shall be promptly be refunded your Application Fee.
Refunds once initiated by 10x Factory usually take 1 to 3 business days to post to your original account. However, some foreign jurisdictions sometimes take longer.
10XFactory at its sole discretion may approved or denied an applicant.
After the start of your Premium Membership, you may be given a trial (if stated during your sign up process) that shall be no shorter than 14 days.
During this trial period, you may cancel by contacting support (link available on main website) here: https://10xfactory.typeform.com/to/CHyNky
If you continue past this Trial Period, you shall be billed the monthly fee for the Premium Membership.
As a part of your sign up process, you may be offered the opportunity to upgrade to annual membership. This fee is bill upfront at once and usually at a discount.
When upgrading for an Annual Upgrade, you shall be given a 14-day period to cancel.
If cancelled during this 14-day period, you shall receive a refund for the full Annual Upgrade amount.
You may cancel your subscription at any time, there is no contract or required commitment term. Any cancellations made after a member has been billed for a monthly or annual period of Premium Membership will not qualify for a refund. You may cancel by contacting support (link available on main website) here: https://10xfactory.typeform.com/to/CHyNky
WARNING: Deactivating your own Slack account does NOT constitute a cancellation. You must follow the procedure above to have your membership cancelled.
10xfactory.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of 10XFactory and 10XFactory is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. 10XFactory is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by 10XFactory of the site or any association with its operators.
Certain services made available via 10xfactory.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the 10xfactory.com domain, you hereby acknowledge and consent that 10XFactory may share such information and data with any third party with whom 10XFactory has a contractual relationship to provide the requested product, service or functionality on behalf of 10xfactory.com users and customers.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of 10XFactory or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. 10XFactory content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of 10XFactory and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of 10XFactory or our licensors except as expressly authorized by these Terms.
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
10XFactory has no obligation to monitor the Communication Services. However, 10XFactory reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. 10XFactory reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
10XFactory reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in 10XFactory's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. 10XFactory does not control or endorse the content, messages or information found in any Communication Service and, therefore, 10XFactory specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized 10XFactory spokespersons, and their views do not necessarily reflect those of 10XFactory.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
The Service is controlled, operated and administered by 10XFactory from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the 10XFactory Content accessed through 10xfactory.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless 10XFactory, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. 10XFactory reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with 10XFactory in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and 10XFactory agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. 10XFACTORY LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
10XFACTORY LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. 10XFACTORY LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
10XFactory reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and 10XFactory as a result of this agreement or use of the Site. 10XFactory's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of 10XFactory's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by 10XFactory with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and 10XFactory with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and 10XFactory with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
10XFactory reserves the right, in its sole discretion, to change the Terms under which 10xfactory.com is offered. The most current version of the Terms will supersede all previous versions. 10XFactory encourages you to periodically review the Terms to stay informed of our updates.
10XFactory welcomes your questions or comments regarding the Terms:
10X Factory ("us", "we", or "our") operates the http://www.10xfactory.com website (the "Service").
This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, and other information ("Personal Information").
The purpose for which we collect personal information is to provide you with the best service experience possible on the Service and for our internal business purposes that form part of normal business practices. Some provision of personal information is optional. However, if you do not provide us with certain types of personal information, you may be unable to enjoy the full functionality of the Service.
We may also collect information that your browser sends whenever you visit our Service ("Log Data"). This Log Data may include information, without limitation, such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service's functionality. These third party service providers have their own privacy policies addressing how they use such information.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive.
We use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
We send a session cookie to your computer when you log in to your User account. This type of cookie helps if you visit multiple pages on the Service during the same session, so that you don't need to enter your password on each page. Once you log out or close your browser, this cookie expires.
We also use longer-lasting cookies for other purposes such as to display your Content and account information. We encode our cookie so that only we can interpret the information stored in them. Users always have the option of disabling cookies via their browser preferences. If you disable cookies on your browser, please note that some parts of our Service may not function as effectively or may be considerably slower.
You may opt out of the use of Google Analytics for Display Advertising (including disabling the DoubleClick Cookie for personalized advertising) and customize Good Display Network ads by visiting the Google Ads Settings page. Even though you may opt out of the use of such Google services, we may still use other services, such as the segment.io platform, to collect and analyze data.
We may use remarketing with Google Analytics (including Universal Analytics) and/or Google Adwords (including Smart Pixel) (collectively, “Remarketing”) to advertise online including after you've visited our Site. Remarketing may be based on your location, interests (including, without limitation, your interest in (i) hiring employees or contractors, (ii) seeking employment or a contracting role, and other information collected about you in compliance with Google’s Policy For Advertising Based On Interests And Location. In connection with Remarketing and otherwise (i) We and our third party vendors, including, without limitation, Google, may show you ads on sites across the internet, and (ii) We and our third party vendors, including, without limitation, Google, use first party cookies (including, without limitation, the Google Analytics cookie) and third party cookies (including, without limitation, the DoubleClick cookie) to inform, optimize and serve you ads based on your past visits to our Site.
We and our third-party vendors, including Google, also use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) together to report how our ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our Site. You may opt out of having your activity tracked by Google Analytics (for e.g. through cookies) by following the instructions contained in the section below entitled “Your ability to change your privacy settings.”
In connection with our use of Google Analytics Demographics and Interest Reporting we may use data from Google's Personalized advertising or 3rd-party audience data (such as age, gender, and interests) with Google Analytics for several purposes, including, without limitation: (i) understanding our audience and the interests and demographics of the Site's users, (ii) improving Site content to better serve our audience, (iii) segmenting Remarketing campaigns by demographics, location or interests, and/or (iv) targeting ads in Google Adwords.
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
We may disclose personal information in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring or interfering (intentionally or unintentionally) with our rights or property, users or anyone else who could be harmed by such activities. We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.
In the event that we sell or buy businesses or their assets, or engage in transfers, acquisitions, mergers, restructurings, changes of control and other similar transactions, customer or user information is generally one of the transferable business assets. Thus, your personal information may be subject to such a transfer. In the unlikely event of insolvency, personal information may be transferred to a trustee or debtor in possession and then to a subsequent purchaser.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Your information, including Personal Information, may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside USA and choose to provide information to us, please note that we may transfer the information, including Personal Information, to Australia and process it there.
United States Privacy Principle 6 of the Privacy Act 1988 (Cth) allows you to get access to, and correct, the personal information we hold about you in certain circumstances. If you would like to obtain such access, please contact us on the details set out above.
United States Privacy Principle 1 of the Privacy Act 1988 (Cth) allows you to make a complaint about any alleged breaches of privacy. In order to lodge a complaint with us, please contact us using the details above with the following information:
Your name and address;
Details of the alleged breach of privacy; and
URL link to the alleged breach of privacy (if applicable).
Please allow us 30 days to investigate your complaint, after which we will contact you immediately to resolve the issue.
We retain information for as long as required, allowed or we believe it useful, but do not undertake retention obligations. We may dispose of information in our discretion without notice, subject to applicable law that specifically requires the handling or retention of information. You must keep your own, separate back-up records.
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 (a "Child").
We do not knowingly collect personally identifiable information from children under 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a Child without verification of parental consent, we will take steps to remove that information from our servers or replace it with the Personal Information of the Child’s parent or guardian.
You may opt out of receiving e-mails, e-mail updates and alerts and phone calls by contacting 10xfactory at [email protected] Your account can be deactivated by contacting 10xfactory at [email protected] You may also turn off cookies in your browser.
We may use third-party advertising companies to serve ads when you visit our Web site. These companies may use aggregated information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit http://www.networkadvertising.org/managing/opt_out.asp.
Effective as of September 07, 2017