2. SERVICES

We agree to perform the services listed below. Your company agrees that we shall have ready access to your staff and resources as necessary to perform and complete our services provided for by this agreement.

• Consulting: We will discuss with and offer recommendations to the officers and employees of your company matters relating to business, operations, management or marketing issues by phone or email. Total one-on-one consulting hours and email communication will be based on the service plan you have selected. Phone consultation: You can utilize the total hours included in your package on one session or break the time in segments, in increments of 15 minutes. Overage will be billed at $95 per hour, in increments of 15 minutes. Email consultation: You are allocated a number of email consultation based on the service plan you have selected. You can email your request of support on any business matter, one issue per email.
• Developmental Reviews: We will monitor and review your progress by tracking development stages, milestones and correspondences for the purpose of recommending areas for adjustments and improvement. Depending on your package, we offer up to one (1) hour of one-on-one developmental review with a consultant.
• Document Review: We will review business and marketing documents except legal and investor funding request documentation for its meaning, impact and quality then offer recommendations, if necessary, for improvement. Number of document reviews will be based on the service package you have selected.
• Document Drafting: We will draft letters, press release, advertorial or any other document up to 350 words, except for legal  and investor funding request documentation. Number of documents to be drafted will be based on the service package you have selected.
• Training and Resources: We will provide you with business training through our guidebook, worksheets, templates, articles and training sessions to include teleconferences, seminars and workshops.
• Business Promotion Opportunities: We will provide you with the opportunity to promote your business within the ESB community.
• Extended Services:
  • Business plan writing, marketing plan development, and marketing communications plan development will be offered to you, existing members. Members will be extended 20% discount on total project fee. Phone consultation hours and email correspondences specified in selected membership plan applies.
  • Marketing communication material / advertising development will be offered to you, existing members. You will separately be billed per project or material at a 20% discount on total project fee. Services done by third party vendors will be billed directly to you. This may include, but not limited to, photography, printing service, talent fees, audio or video production fees, etc.
  • Extended Consulting: For Label 2 and Label 3 members, you have the option to add phone consulting hours to the maximum allocated on your selected plan or you can request for on-call consulting service agreement for a monthly retainer fee.

3. GUARANTEES

We do not guarantee your success because success is a result of factors both controllable and uncontrollable. What we can guarantee is that you will significantly cut your learning curve thus reducing cost from use of time and resources.

4. OPTION TO DECLINE

We hold the right and option to decline clients and businesses that conflict with our company principles of fairness and social responsibility to improve lives. We hold the right and option to decline extended service request if we are fully booked as we want to ensure we provide the highest possible quality of service to you.

5. CONFIDENTIALITY

We agree that any information received by us and our consultants, directly in connection with our consulting service, which concerns the personal, financial or other affairs of your company, will be treated in full confidence and will not be revealed to any other persons, firms or organizations.

We further agree that all confidential information is deemed to be and be treated as your company’s sole and exclusive property, and that upon termination of service, we will send or deliver all drawings, manuals, letters, notes, notebooks, reports, and all other materials (including all copies of such materials), relating to such confidential information which you forwarded to us for review, analysis or for the successful completion of our service. We agree to sign any secrecy agreements you require.

6. FEES, TERMS AND PAYMENT

We will charge you a monthly fee for using our services depending on the service package you have selected. as well as additional fees if you select additional or expanded business services. You should review the complete and current service packages before signing up for any service. We have three (3) levels of service plans you can choose from depending on the level of service you require and your budget. They are:

• Level 1 service plan at $99.00 per month
• Level 2 service plan at $249.00 per month
• Level 3 service plan at $495.00 per month

You agree to pay us for our services for and during the duration you require, with a minimum duration of one month.

Service subscription will automatically be renewed for an additional month unless you advise us of your intent to cancel by phone, email or mail. You can cancel your account at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month for which you discontinued service. We reserve the right to change our fees at any time for any reason, but, whenever possible, we will give you at least one month's advance notice of such change.

You will be given the opportunity to pay by credit card, PayPal or by check when you sign up. You may send your check to: Entrepreneurs’ Sounding Board LLC, P.O. Box 2442, Camarillo, CA 93011-2442.

7. EMPLOYMENT OF OTHERS

You may from time to time request that we arrange for the services of others and offer limited coordination. As we have entered into strategic alliances with quality service providers, we will recommend their services to you in order to 1) expedite the development of business requirements and 2) have better communication and smoother transfer of work order. We will disclose service providers’ background, experience, rate sheet and samples, whenever possible. Partner service providers have agreed to provide us with referral fee or commission for the work we do in creating a cooperative effort for more efficient transfer of work and for quality control. You will always have the final decision and authorization to employ the services of your preferred provider. You shall be responsible for all costs for those services and payment must be arranged directly to the hired service provider.

8. SYSTEM RULES

You agree to be bound by certain rules that are important for the proper use of our system and service. Your failure to follow these rules, whether listed below in the contract or in bulletins posted at various points in the system, may result in termination of your service. First, do not tell others your password or let your account be used by anyone except yourself. Second, do not attempt to log in more than once at the same time on any given account without specific permission of one of our operators. Third, while you should feel free to express yourself, you should respect other users of the system and not do anything to attack or injure others. Fourth, do not use our system to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers.

9. PRIVACY CONSIDERATIONS

Your privacy is important to you and to us. We will protect the information you share with us in accordance with the worldwide practices for customer privacy and data protection. To review the Privacy Policy, Click here.

10. NOTICE

We will ask you when we need information that personally identifies you (personal information) or allows us to contact you. Generally, this information is requested when you create a Registration ID on the site or when you download free software, enter a contest, order email newsletters or join a limited-access premium site. We use your Personal Information for four primary purposes:

• To make the site easier for you to use by not having to enter information more than once.
• To help you quickly find software, services or information.
• To help us create content most relevant to you.
• To alert you to product upgrades, special offers, updated information and other new services from our company.

11. CONSENT

If you choose not to register or provide personal information, you can still use most of our website. But you will not be able to access areas that require registration.

If you decide to register, you will be able to select the kinds of information you want to receive from us by subscribing to various services, like our electronic newsletters. If you do not want us to communicate with you about other offers regarding our company’s products, programs, events, or services by email, postal mail, or telephone, you may select the option stating that you do not wish to receive marketing messages from our company.

We occasionally allow companies who advertise with us to offer our registered customers information about their products and services, using postal mail only. If you do not want to receive these offers, you may select the option stating that you do not wish to receive marketing materials from third parties.

12. SECURITY

We have taken strong measures to protect the security of your personal information and to ensure that your choices for its intended use are honored. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

We guarantee your e-commerce transactions to be 100% safe and secure. When you join, place your orders or access your personal account information, you're utilizing secure server software SSL, which encrypts your personal information before it's sent over the Internet. SSL is one of the safest encryption technologies available.

In addition, your transactions are guaranteed under the Fair Credit Billing Act. This Act states that your bank cannot hold you liable for more than $50.00 in fraudulent credit card charges. If your bank does hold you liable for $50.00 or less, we'll cover your liability provided the unauthorized, fraudulent use of your credit card resulted through no fault of your own and from purchases made from us over our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

We strictly protect the security of your personal information and honor your choices for its intended use. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

Your personal information is never shared outside the company without your permission, except under conditions explained above. Inside the company, data is stored in password-controlled servers with limited access. Your information may be stored and processed in the U.S. or any other country where our subsidiaries, affiliates or agents are located.

13. CLIENT PROFILES

As mentioned above, every registered customer has a unique personal profile. Each profile is assigned a unique personal identification number, which helps us ensure that only you can access your profile.

When you register, we create your profile, assign a personal identification number then send this personal identification number back to your hard drive in the form of a cookie, which is a very small bit of code. This code is uniquely yours. It is your passport to seamless travel across our site, allowing you to download free information, order free newsletters, and visit premium sites without having to fill out registration forms with information you've already provided. Even if you switch computers, you won't have to re-register – just use your Registration ID to identify yourself.

14. WHAT WE DO WITH THE INFORMATION YOU SHARE

When you join us, you provide us with your contact information, including your name and email address. We use this information to send you updates about your subscription and/or order, questionnaires to measure your satisfaction with our service and announcements about new and exciting services that we offer. When you sign up or order from us, we ask for your credit card number and billing address. We use this information only to bill you for the services and/or product(s) you order at that time. For your convenience, we do save billing information in case you want to order from us again, but we don't use this information again without your permission.

We occasionally hire other companies to provide limited services on our behalf, including packaging, mailing and delivering purchases, answering customer questions about products or services, sending postal mail and processing event registration. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose.

We will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on our company or the site; (b) protect and defend the rights or property of our company and its family of Websites, and, (c) act in urgent circumstances to protect the personal safety of users of our company, its Websites, or the public.

15. PROPRIETARY RIGHTS

By posting messages, uploading files, inputting data, or engaging in any form of communication on our system, you are hereby granting to the public an unrestricted license to use, copy, modify, adapt or document in any form any communications, information or any underlying work in which you may possess proprietary rights, including but not limited to copyright rights. All users of the system are therefore deemed to have disclaimed or waived all copyright ownership rights in their messages or files, even if they contain copyright notices. You shall have absolutely no recourse against us as the system provider for any alleged or actual infringement of any proprietary rights to which you may claim ownership.

Your use of our system affords you access to many features of our system but some aspects of our system remain within our exclusive proprietary control. We or our suppliers own the intellectual property rights to any and all protect-able components of our system, including but not limited to the computer software, the related documentation, the end-user interfaces, the name of our system, many of the individual features, and the collective works consisting of sequences of all public messages on our system. You may not reproduce any sequence of messages from our system, either electronically or in print, without our permission. In addition; you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system that we or our suppliers own.

16. LIMITATION OF SYSTEM LIABILITY

You must bear the risk of any liability relating to your use of our system. We would not be able to afford to operate this system if we were held accountable for every wrongful action by every online subscriber. ACCORDINGLY, YOUR USE OF THE ONLINE SYSTEM IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.

17. LIMITATION OF SERVICE LIABILITY

We warrant to you that the material, analysis, data, programs and services to be delivered or rendered hereunder, will be of the kind and quality designated and will be performed by qualified personnel. We will accommodate special requirements for format or standards if requested and agreed upon. We make no other warranties, whether written, oral or implied, including without limitation, warranty of fitness for purpose or merchantability, or any other warranty, condition, guaranty, or representation, including but not limited to the accuracy or completeness of any information contained therein or provided by the service. In no event shall we be liable for special or consequential damages, either in contract or tort, whether or not the possibility of such damages has been disclosed to us in advance or could have been reasonably foreseen by us, and in the event this limitation of damages is held unenforceable then the parties agree that by reason of the difficulty in foreseeing possible damages all liability to you shall be equal to one month service fee based on the service package you have selected to be considered as liquidated damages and not as a penalty.

18. INDEMNITY

You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees), relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.

19. CHOICE OF LAW

You agree that this Agreement shall for all purposes be governed by and construed in accordance with the laws of Ventura County, CALIFORNIA, and that any action arising out of this Agreement shall be litigated and enforced under the laws of Ventura County, CALIFORNIA. In addition, you agree to submit to the jurisdiction of the courts of CALIFORNIA, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the CALIFORNIA.

20. ACKNOWLEDGMENT

This Agreement represents the entire understanding between you and us, Entrepreneurs’ Sounding Board LLC regarding your relationship to our virtual consulting service and supersedes any prior statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE SUBSCRIBER AND SERVICE AGREEMENT, please click the "Yes" button below. If you do not agree to the terms of the Subscriber Agreement, please exit our site. Thank you for your time in reviewing our company and what we have to offer.