The following describes the terms under which Network for Teaching Entrepreneurship, Inc. ("NFTE", "we" or "us"), offers you access to the content and services at https://innovation.nfte.com (the "Website") and other services it may make available from time to time (collectively the "Services"). THIS IS A LEGAL AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THE WEBSITE AND/OR USING THE SERVICES, AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH YOU ACKNOWLEDGE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

YOU MAY USE THESE SERVICES IF YOU ARE AT LEAST 13 YEARS OF AGE. HOWEVER, IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) OR NOT ABLE TO ENTER INTO LEGAL AGREEMENTS UNDER APPLICABLE LAW, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN CAREFULLY READ AND AGREE TO THE TERMS OF THIS AGREEMENT ON YOUR BEHALF.

THE SERVICE

Description: The competition website https://innovation.nfte.com and the online competition entry website https://wsi.awardsplatform.com are platforms which offer certain registered users the ability to develop and post business ideas to address a challenge and potentially receive rewards, in a form and manner to be determined by NFTE and the challenge sponsors in their discretion. It is understood and agreed that NFTE has no obligation to provide any such rewards. You may view content available on the Website without being registered, but as a condition to using certain aspects of the Services you may be required to establish a username and password, and to use others you must register and agree to the terms of NFTE's World Series of Innovation Participation Agreement and Challenge Rules.

PROPRIETARY MATERIALS

The Services contain copyrighted material, trademarks, service marks and other proprietary information, which may include without limitation text, software, photographs, video, graphics, images, music and sound (collectively "Proprietary Material"). Except as may otherwise be expressly allowed by the Services, you may download or upload content if you agree to the terms of our Participation Agreement. Otherwise, you agree not to copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material, except that you may copy Proprietary Material for your personal, non-commercial use.

Information Control. NFTE does not control the information provided by other users which is made available through the Services. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. You must use caution and common sense when using the Services.

Your Information. As used in this Agreement, the term "Your Information" means any information you provide to NFTE or other users in using the Services, including in any registration process, in any public message area or through any email or messaging feature. You are solely responsible for Your Information.

Your Information may not:

(a) be false, inaccurate, misleading or fraudulent;

(b) infringe any anyone's copyright, trademark, trade secret, patent or other proprietary rights or rights of publicity or privacy;

(c) violate any law, statute, ordinance or regulation;

(d) be obscene, defamatory, libelous, threatening, abusive or harassing, or encourage any of the foregoing;

(e) promote any commercial product the sale of which you stand to benefit from;

(f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, intercept or use any system, data or personal information in an unauthorized way; or

(g) create liability for NFTE or cause it to lose (in whole or in part) the services of its ISPs or other suppliers.

You grant NFTE a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights you have in Your Information, in any media now existing or later invented.

Privacy. NFTE will only use Your Information according to its Privacy Policy as may be established from time to time, the provisions of which are expressly incorporated into and made a part of this Agreement.

COMMUNITY STANDARDS AND CONDUCT GUIDELINES

You agree not to use this Website in any way to:

• Upload, post, email or otherwise transmit any postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
• Harm minors in any way;
• Impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of NFTE, the Website, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with NFTE, the Website, our affiliates or any other person or entity;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any postings or other materials transmitted to or through this Website;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any postings or other materials transmitted to or through this Website;
• Upload, post, email or otherwise transmit any postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Upload, post, email or otherwise transmit any postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
• Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
• Upload, post, email or otherwise transmit any postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of a Marketplace (or other portion of this Website) are able to type, or otherwise act in a manner that negatively affects other users' ability to use any Marketplace;
• Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
• Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
• "Stalk," "cyberbully", or otherwise harass another user or employee of this Website; or
• Collect or store personal data or attempt to collect or store personal data about other users of the Website.

Your privilege to use this Website and contribute to discussions and/or comments depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, we may terminate, in our sole discretion, your use of, or participation in, any Services.

All internal communications, including, but not limited to, chat and message board communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of this Website for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to post comments on some submissions, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any postings or activities in any part of the Website. Although we reserve the right to remove, without notice, any comment or posting for any reason, we have no obligation to delete postings that you may find objectionable or offensive.

PROHIBITED USES

Improper Conduct. You agree that you will not: (a) impersonate any other individual, including without limitation another user or a NFTE staff member; (b) engage in harassment in any form, including without limitation through improper language or excessive frequency or size of messages; (c) send messages of any kind to any individual who has stated or in any other way demonstrated that he or she does not wish to receive messages; (d) copy or post any personal messages sent to you via the Services; (e) use the Services for any unlawful purpose; or (f) otherwise use the Services in a deceptive, abusive or otherwise disruptive manner.

Copyright Infringement. You agree that you will not use the Services to infringe upon or misappropriate the intellectual property rights, including without limitation the copyrights, trademarks and/or inventions, of any party. WITHOUT LIMITING THE PRECEDING SENTENCE, YOU AGREE THAT YOU WILL NOT USE THE SERVICES TO APPROPRIATE ANY OTHER USER'S IDEAS AND/OR INTELLECTUAL PROPERTY. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO DETERMINE WHICH RIGHTS ARE NECESSARY IF YOU CHOOSE TO USE ANY OF THE INFORMATION AVAILABLE THROUGH THE SERVICES AS PERMITTED HEREIN. You agree to indemnify, defend and hold harmless NFTE, its affiliates, suppliers, and each of its and their employees, officers, directors, trustees, successors, licensees, assigns, and advisors (collectively the "NFTE Parties") from and against any and all claims, damages, demands, or liabilities, including but not limited to attorneys' fees and costs arising out of any claim that Your Information, and any other content of any kind that you create using the Services or upload in any way infringes upon or misappropriates, violates, or infringes any party's personal or proprietary rights of any kind.

Interference and Unauthorized Access. You agree that you will not: (a) attempt to circumvent user authentication or the security of any NFTE account; (b) use any robot, spider, other automatic device, or manual process to monitor or copy NFTE's web pages or the content contained in them; (c) use any device, software or routine to interfere or attempt to interfere with the proper working of the Services; or (d) take any action that imposes an unreasonable or disproportionately large load on NFTE's infrastructure, including without limitation "denial of service attacks."

If you in any way violate any system or interfere with network security you may incur criminal or civil liability. NFTE will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Use of the Services is void where prohibited by law.

LINKED SITES

NFTE is not affiliated with sites that may be linked to the Services ("Linked Sites"). NFTE has no control over, and is not responsible for, the content on any Linked Site. The Linked Sites are for user convenience only and you access them at your own risk.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND NFTE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

NFTE DOES NOT WARRANT OR GUARANTEE THAT (1) THE SERVICES ARE COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE; (2) THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; (3) ALL CONTENT WILL BE ACCURATE, COMPLETE OR UP TO DATE; (4) ANY INFORMATION OR OTHER CONTENT CONTAINED WITHIN THE SERVICES WILL NOT CONTAIN DEFAMATORY OR ADULT-ORIENTED MATERIAL, OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (5) THE FUNCTIONS OR SERVICES NFTE PERFORMS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NFTE IS NOT RESPONSIBLE FOR THE CONTENT DISTRIBUTED ON OR THROUGH THE SERVICES, AND IT ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF INFORMATION DISTRIBUTED THROUGH THESE SERVICES.

Some states do not allow the disclaimer of implied warranties, so some or all of the above disclaimers may not apply to you.

LIMITATION OF LIABILITY

Regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), and except as otherwise expressly provided herein, IN NO EVENT WILL THE NFTE PARTIES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER WITH RESPECT TO YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE NFTE PARTIES WILL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT WILL THE DAMAGES OR LIABILITY EXCEED US$500. Some states do not allow the exclusion or limitation of incidental or consequential damages under certain circumstances and the above exclusion or limitation may not apply.

GENERAL TERMS AND CONDITIONS

Termination. Without limiting other remedies, NFTE may without liability and at its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Services if: (a) you breach this Agreement or any of the documents it incorporates by reference; (b) NFTE is unable to verify or authenticate any information you provide to it; or (c) NFTE believes that your actions may cause legal liability to any person or entity.

Indemnity. You agree to indemnify and hold each NFTE Party harmless from any claim or demand, and any damages, costs, or expenses arising in connection with such claim or demand, including reasonable attorneys' fees and costs, made by any other party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of another party.

Legal Compliance. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services.

Governing Law; Venue. This Agreement and its validity, construction and performance will be governed in all respects by the laws, and in the state and federal courts of the State of New York, without regard to its choice of law provisions. You irrevocably agree to accept the exclusive personal jurisdiction and waive any objections to the venue, of such courts.

Changes and Cancellation. NFTE may at any time, without notice or liability, change or eliminate the Services or the content contained therein, or restrict use of any portion of the Services, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. NFTE may at any time, in its sole discretion, cancel or suspend the Services for any reason, including without limitation the existence of viruses, bugs, or other causes beyond its control that corrupt the administration, security or proper function of the Services.

Reservation of Rights. NFTE reserves the right to refuse access to the Services for any reason.

Amendment. NFTE may amend this Agreement at any time by posting the amended terms on the Services, which will become effective immediately when posted. By continuing to use the Services after NFTE posts any amendment, you agree to be bound by the amendment. This agreement may not be amended other than by an authorized officer of NFTE.

General. This Agreement contains the entire understanding of the parties relating its subject matter and supersedes any prior written or oral agreement or understandings between the parties with respect to its subject matter. The provisions of this Agreement are to be interpreted in a reasonable manner to effect the purpose of the parties, and this Agreement is not to be interpreted or construed against NFTE because it participated in the drafting of this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision. NFTE may assign or transfer this Agreement, in whole or in part, to any party without notice. All terms and conditions of this Agreement which by their nature are meant to survive the termination of this Agreement will survive termination.

NOTICE OF COPYRIGHT INFRINGEMENT CLAIMS

NFTE is concerned about protecting the copyright and other intellectual property rights of others. You may notify NFTE by providing the following information to our designated agent, as required by 17 U.S.C. § 512, if you believe you have a copyright infringement claim resulting from material posted on this Website:

1. A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work, or a representative listing of the copyrighted works, claimed to have been infringed;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to allow the service provider to locate the material;
4. Information reasonably sufficient to allow us to contact you, including your address, telephone number, and if available, your electronic mail address;
5. A statement that you have a good-faith belief that the use of the material as described is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in your notification is accurate, and under the penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Please provide your notification to our designated agent who may be contacted as follows:

Designated Agent: Network for Teaching Entrepreneurship

NFTE (Network for Teaching Entrepreneurship)
120 Wall Street, 18th Floor
New York, NY 10005
Telephone: 212-232-3333
Fax: 212-232-2244
Email: [email protected]

BY ACCESSING THE WEBSITE AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

Last updated: September 12, 2022