Terms and Conditions

Last updated: January 17, 2023

INCOMMN is an exclusive online community for entrepreneurs, executives, and leaders in their respective industries of expertise that provides opportunities to network, collaborate, share leads, grow their businesses, and enjoy other shared resources (together the “Service(s)”). By using this Website, you are engaging in the Services and agree to be bound by the following Terms.

These Terms and Conditions (“Terms”), describe the specifications on which any registered user, customer, or browser (referred to as “you”, “your”, or a “Customer”) of INCOMMN may access, register, browse, subscribe, or use INCOMMN’s website, http://www.incommn.co/ (the “Website”). Any use of the Website, as well as all information, tools, materials, and services available to you, is conditioned upon your acceptance of all of the policies and notices stated herein.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY BE APPLICABLE TO YOU. YOU SHOULD ALSO CAREFULLY REVIEW INCOMMN’S PRIVACY POLICY BEFORE USING OR MAKING A PURCHASE ON THIS WEBSITE.

YOU MAY NOT USE OUR WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS; OR (B) ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE OR ANY ITS CONTENTS OR USING ANY SERVICES BY APPLICABLE LAW.

Any new features or tools which are added to the current Website, shall also be subject to the Terms outlined herein. You can review the most current version of the Terms at any time on this page. INCOMMN reserves the right to update, change, or replace any part of these Terms at any time by posting updates and/or changes at its sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, our Website following the posting of any changes to these Terms constitutes acceptance of those changes.

1. Registration and User Account

In order to subscribe to the Website or otherwise use the Services, you must register and create a user account (“User Account”). There are two ways to register for the Website. You can either (i) be referred by a current Website user; or (ii) request an invite through the Website. Once you receive an invite, you must fill out an application, including a valid email address, user password and wait for it to be approved. All applications will be reviewed and approved subject to INCOMMN’s sole discretion. All applications require verification to protect your personal information.

Once your application is approved, you will be able to create a User Account, where you will have limited access to the platform, at which point you must receive three (3) referrals and participate in an interview to be fully accepted (referred to as the “Application Process”). Once accepted, you will need to provide credit card information along with any other information requested (together your “Personal Information”) in order to gain full membership access of the platform.

You represent and warrant on behalf of yourself that the information you provide to INCOMMN upon registration and at all other times will be true, accurate, current, and complete. You will ensure that your e-mail address is kept up-to-date at all times. INCOMMN is not responsible for any errors made by you during the Application Process or when creating your User Account.

Please note you do not have the ability to pause your subscription or User Account. Instead, you may cancel your subscription and request to have your User Account deleted at any time by contacting INCOMMN. Following the cancellation of your subscription, you will no longer have access to your User Account or the Services. Your User Account will be deleted from the Website and database; however, your comments or information on any forum will remain.

2. General Conditions of Use

By agreeing to these Terms or by using the Website or the Services, you represent that you are at least eighteen (18) years of age or older.

You may not use the Services for any illegal or unauthorized purpose, including a violation of any laws, rules, or regulations in your jurisdiction (including, but not limited to, copyright or trademark laws). You also represent and warrant that you are using the Website for your own personal use only, and not for resale, export, publication, re-use or any other similarly unauthorized use. A breach or violation of any of the Terms will result in an immediate termination of your access to the Website.

You agree that INCOMMN may, without any prior notice, immediately suspend, terminate, discontinue and/or limit your use of this Website and access to any of the Services at our sole discretion, for any reason, including but not limited to:

any breach or violation of these Terms or any other incorporated agreement, regulation, or guideline;
by way of request from law enforcement or any other governmental agencies;
the discontinuance, alteration or material modification to the Services, or any part thereof;
any engagement by you in any fraudulent or illegal activities; and/or
the non-payment of any associated Fees that may be owed by you.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access to the Website or Services shall be made in our sole discretion and that INCOMMN shall not be liable to you or any other third-party with regard to the termination of your User Account, associated email address, access to the Website, and/or any of the Services.

INCOMMN reserves the right to refuse Services to anyone, for any reason, at any time in its sole discretion. INCOMMN also reserves the right, but does not have the obligation, to pre-screen, refuse and/or delete any content currently available through this Website. In addition, INCOMMN reserves the right to remove and/or delete any such content that would violate these Terms or which would otherwise be considered offensive.

You will provide true, accurate, and current Personal Information if you fill out any forms available or otherwise engage with the Services through the Website. The Services may include an online forum and a social networking community. Your engagement with these forums and any Services (including but not limited to, interaction with other community members, advertisers, content viewed) may be shared with others in accordance with the Privacy Policy and these Terms.

3. Fees and Payments

Users will receive a five (5) day trial to use the Website (“Trial Period”).

After the Trial Period, Users must subscribe to the Website, and pay either a quarterly or yearly subscription fee (the “Fee(s)”) to receive the Services. The quarterly fee will be automatically billed the first day of the following quarter.

All Fees will be viewable on the Website after participating in the Application Process when you create your User Account. All Fees are subject to INCOMMN’s sole discretion. The Fees may also be set out in any confirmation, e-mail receipt, invoice, or other relevant correspondence. INCOMMN will receive payment of the Fees electronically (“Payment Method”).

There may be a promotion, discount, or sale on the Website provided to certain individuals (“Promotions”). These Promotions may affect the Fees and may be governed by terms and conditions separate from these Terms. If there is a conflict between the terms and conditions for a promotion and these Terms, the terms and conditions specific to that promotion will govern that specific circumstance. Any Fees, discounts, and promotions available are subject to change without notice.

INCOMMN strives to display accurate price information, however there may, on occasion, be inadvertent typographical errors, inaccuracies, or omissions related to pricing. INCOMMN reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any subscriptions or payments arising from such occurrences.

If you do not pay the amounts owed when they are due, or your Payment Method continuously fails, INCOMMN may initiate collection procedures. You agree to pay the cost of collection, including, and without limitation to, reasonable attorney’s fees.

4. Cancellation and Refunds

The Services provided by INCOMMN through the Website are provided to you on an ongoing basis with a prepaid quarterly or reduced yearly subscription (hereinafter, the “Subscription Period”). You may cancel your subscription at any point during the Subscription Period but by no later than thirty (30) days prior to the end of the Subscription Period. You shall not be charged for an additional Subscription Period so long as you provide your notice of cancellation within the timeframe set forth herein.

Your cancellation will become effective on the last day of the Subscription Period, and you will continue to have access to your subscription through the end of your current Subscription Period regardless as to the date of cancellation. Thus, to the extent you cancel your subscription, you recognize and agree that you shall not be entitled to any refund for any portion of the Subscription Period still remaining at the time of cancellation. ALL SALES ARE FINAL.

INCOMMN aims to respond to all questions, comments, and concerns regarding customer satisfaction and any related or resulting disputes in a timely manner. If you are unhappy with the Services, or are otherwise considering cancelling your subscription, please contact INCOMMN immediately so we can try to alleviate any concerns you may have.

5. Wireless and Location-Based Features; Social Media Plug-ins

Data Sharing. By using this Website, you affirmatively consent that INCOMMN may use and share your video and image viewing data with third parties until consent is withdrawn. INCOMMN may track your use for its research, analytics, or ad serving purposes. It may share the above information with companies that display ads to you, collect and analyze information, or to social networks.

Wireless Features. Our Website may offer certain features that are available to you via your wireless device. These features may include the ability to access our Website, upload content, receive messages, and download applications to your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. We have no responsibility or liability for any fees or charges you incur when using Wireless Features.

Terms of Wireless Features. If you register for any Wireless Features then you agree that, in connection with those Wireless Features, we may send communications to your wireless device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features in accordance with our Privacy Policy. If you have registered via our Website for Wireless Features, then you agree to notify us of any changes to your wireless contact information (including phone number) and update your accounts on our Website to reflect any changes.

Location-Based Features. When you use one of our location-enabled features, we may collect and process information about your actual location. If you have enabled GPS, geo-location or other location-based features on a device, you acknowledge that your device location may be tracked and may be shared with others consistent with the Privacy Policy.

In addition, where the Website collects precise information about the location of your device, it may be used to provide requested location services, and it may be used, amongst other uses, to allow tagging or to check-in.

Your browser features should allow for you to disable the location-based features or manage preferences related to them. The location-based services offered in connection with our Website are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.

Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter, Instagram, and Google (among others) may be integrated on our Website. If you choose to click on one of these buttons or links on our Website, your browser will connect directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective account the social network receives the information that the web page was used by you. If you are not registered with the social network or you are logged out before you use our Website, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media Website, plug-in, etc., then you may be enabling us to have ongoing access to certain information from your social network profile (such as your name, social networking id page, e-mail address, photo, gender, location, the people/Websites you follow, etc.).

If you don’t want a social network to collect the information about you described above, or to share it with us and other third parties, please review the privacy policy of the relevant social network and/or log out of the relevant social network before you use our Website. As with other Websites, you may be able to delete any existing cookies placed on your computer by the social network via your browser.

6. Intellectual Property & Proprietary Rights

INCOMMN owns, solely and exclusively, all right, title, and interest in and to all “Intellectual Property” which is defined as:

(a) the Website, including all content, software code, data, the look, feel, design and organization of the Website, and the compilation of the content, code, data, and materials on the Website including any intellectual property and/or proprietary rights;

(b) designs, materials, and concepts uniquely created by INCOMMN; and

INCOMMN reserves all rights in and to the Intellectual Property not granted expressly in these Terms. You acknowledge and agree that you will not sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on INCOMMN’s Intellectual Property, in whole or in part.

For clarity, INCOMMN has granted you a personal, non-transferable, non-exclusive right and license to make use of its Intellectual Property as long as you do not, and shall not, allow any third party to duplicate, create or plagiarize work from, reverse engineer, or otherwise make an attempt to sublicense, sell, assign, grant a security interest in and/or otherwise transfer any such right in the Website.

Your Content. If you post, upload, or make available any, information, data, text, files, communications, or other materials regarding our Website or on any other website, blog, article, or social media website (“Your Content”), you hereby grant INCOMMN a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, transferable (in whole or part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise exploit Your Content including your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised in connection with the Website, including but not limited to advertising, promoting, and marketing the Website, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve Your Content or any use of Your Content. You waive all moral rights to Your Content, which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation on our part, whether of confidentiality, attribution or otherwise, and we will not be liable for any use or disclosure of any Your Content.

7. Disclaimer of Warranties

YOU AGREE TO USE THE WEBSITE AND OUR SERVICES AT YOUR SOLE RISK. ALL SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

8. Limitation of Liability

IN NO EVENT SHALL INCOMMN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR INCOMMN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES.

9. Arbitration

If a controversy or claim should arise, the Parties will first attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, the Parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either Party will not participate in mediation, then the controversy shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding rules or procedures governing or permitting class actions. The written decision of the arbitrator shall be binding and conclusive on the Parties. The Parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the Parties. Judgment may be entered in any court having jurisdiction.

10. Notices

INCOMMN may provide any notice to you under these Terms by: (a) sending a message to the e-mail address you provided; or (b) by posting directly to the Website. Notices sent by e-mail will be effective on the date the e-mail is sent, and notices that are posted on the Website will be effective upon posting. It is your responsibility to keep your e-mail address current and review any new notices on the Website.

To provide INCOMMN notice under these Terms, you must contact us by e-mail, personal delivery, overnight courier, or by certified mail. Notice provided by e-mail shall be effective upon being sent. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one business day after it is sent. Notice provided by certified mail shall be effective three business days after it is sent.

11. Miscellaneous

Third Party Content. The Website may contain links and references to other third-party service providers (“Third Party Content”). This Third Party Content is provided as additional information. INCOMMN is not responsible for any Third Party Content or the actions of those that provide such content. Any information regarding a Third Party found on our Website does not imply that INCOMMN endorses or accepts any responsibility or liability for the Third Party, or vice versa.

Indemnification. By using the Website you agree to indemnify, defend, and hold harmless INCOMMN (and its parent, subsidiary, associated and affiliated companies, including each of their respective officers, directors, agents and employees) from and against all damages, costs, reasonable attorney’s fees and expenses based upon, arising out of or in connection with: (a) any breach or alleged breach of any representation or warranty by INCOMMN; (b) any unauthorized use of your information; or (c) any other actual or alleged unauthorized action by INCOMMN, including without limitation, a breach of any term of this Agreement. The obligation for indemnification shall survive termination of the Agreement.

Privacy Policy. INCOMMN respects your privacy and is committed to protecting it. To learn more please visit our Privacy Policy available on the Website, which governs the processing of all personal data collected from you in connection with your use of the Website. You acknowledge and consent to the collection and use of your personal information by INCOMMN for the purpose of using the Website.

Governing Law and Jurisdiction. This Website is operated from the United States of America. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule. The governing jurisdiction for any dispute shall be the State of New Jersey.

Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Waiver. The failure by INCOMMN to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of INCOMMN.

Force Majeure. INCOMMN will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

These Terms and our Website’s Privacy Policy will be deemed the final and integrated agreement between you and INCOMMN on the matters contained in these Terms. You may also be subject to additional Terms that may apply when you use or make a purchase on the Website. You acknowledge and agree that these Terms are binding and shall govern the relationship between INCOMMN and you in connection to the use of the Website and the Services as defined herein.

Notice to California Customers. Under California Civil Code Section 1789.3, California users of our Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Notice to New Jersey Customers. If you are a Customer residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code, and New Jersey Consumer Fraud Act; (b) the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability, or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnify the INCOMMN Parties (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law.

Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Services infringe your copyright, you (or your agent) may send to INCOMMN a written notice by mail, e-mail, or fax, requesting that INCOMMN remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to INCOMMN a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action against INCOMMN arising out of or related to the use of the Website, Services, or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If you have any questions, please feel free to contact INCOMMN directly through our Website.

E-mail: Linsey@incommn.co

Telephone: 732.991.5294