Thank you for selecting the Services offered by Eniture, LLC (referred to as “Eniture”, “Eniture Technology”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. This is a legal agreement between you (referred to as “you”, “your”, “user” or “customer”) and Eniture Technology. By accepting electronically (for example, clicking “I Agree”), installing, accusing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
This Agreement describes the terms governing your use of the Eniture Technology Services provided to you on this website or through other channels, including content, updates and new releases.
2. YOUR RIGHTS TO USE THE SERVICES
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Eniture Technology. We reserve all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Eniture grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
2.2 You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree that you will not:
- Provide access to or give any part of the Services to any unauthorized third party.
- Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
- Make the Services available on any file-sharing or application hosting service.
For Services offered on a payment or subscription basis, the following terms apply, unless Eniture Technology notifies you otherwise in writing:
a. Payments will be billed to you by Eniture Technology in U.S. Dollars and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
b. You must pay with one of the following:
- A valid credit card acceptable to Eniture Technology.
- A valid debit card acceptable to Eniture Technology.
c. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
d. If you do not notify us of updates to your payment method (i.e., credit card expiration date), to avoid interruption of Services, Eniture Technology may participate in programs supported by your card provider (i.e., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing our account with the updated information that we obtain.
e. Eniture Technology and/or its vendor(s) will automatically renew your monthly, quarterly, or annual Services at the current rates, unless the Services are cancelled or terminated under this Agreement.
f. Additional cancellation or renewal terms may be provided to you on the website for the Services.
g. All authorized refunds will be made in the original form of payment to Eniture Technology or its vendor(s).
4. TRIAL VERSION
If you registered for a trail use of a Service (“Trial Period”), you must decide to purchase a license within the Trial Period in order to retain any Content that you have entered through the Service, created within the data file, posted or uploaded during the Trial Period. If you do not purchase a license to the Service by the end of the Trial Period, your Content will no longer be available to you.
5. USE WITH YOUR MOBILE DEVICE
Use of these Services may be available through a compatible mobile device using Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees for SMS messages, data plans, and general usage, as well as the terms of your agreement with your mobile device and telecommunications provider.
ENITURE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXRESS, STATUTORY OR IMPLIED AS TO:
(i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES
AT ANY TIME OR FROM ANY LOCATION;
(ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
(iii) ANY DISCLOSURE OF INFORMATION TO THE THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
6. PERSONAL INFORMATION
We automatically receive and record information from you browser or mobile platform, including your location, IP address, cookie information, and the page you requested. We use this data to understand how users make use of our website and Services.
Personal information you provide is reasonably safeguarded. We will not transfer, disclose, sell , distribute or lease your personal information to 3rd parties other than on the following basis:
- You have provided your consent for us to do so for the purpose of providing a service for you;
- Where it is required to render certain services in undertaking activities linked to the operation of such services on our behalf;
- Where the disclosure is in compliance with legal and/or contractual requirements that we are subject to, including, but not limited to, government compliance.
We use your personal information to notify you about important changes to Services and the Website; respond and follow up to your inquiries and complaints; communicate with you in the course of our ordinary business activities; prevent or detect any unlawful activities; and to evaluate the effectiveness of our marketing and for the purposes of research, training and statistical analysis in order to improve our Services.
We may contact you by e-mail, phone, fax or mail for the purposes set out in this section. By submitting such information to us you are deemed to have agreed to us contacting you using these methods of communication. We will continue to contact you using these methods until you advise us in writing that you no longer which to be contacted using such methods. You are required to accept at least one of the above methods as your chosen method of communication from us.
7.1 You are responsible for your content. You are responsible for all materials (“Content”) uploaded, posted or stored through your use of the Services. Archive your Content frequently. You grant Eniture Technology a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Eniture Technology is not responsible for the Content or data you submit through the Services.
You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
a. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
b. Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
c. Except as permitted by Eniture Technology in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
d. Virus, trojan horse, worm or other disruptive or harmful software or data; and
e. Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
7.2 Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Eniture Technology does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Eniture Technology is not responsible.
7.3 Eniture Technology may freely use feedback you provide. You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Eniture Technology a perpetual worldwide, fully transferable, sub licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Eniture Technology
in any way.
7.4 Eniture Technology may monitor your Content. We may, but have no obligation to, monitor content on the Services. We ma disclose any information necessary to satisfy our legal obligations, protect Eniture Technology or its customers, or operate the Services properly. Eniture Technology, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
8. PASSWORD AND ACCOUNT SECURITY
You agree that the security of your Eniture Technology user account is solely your responsibility.
You further agree that:
you are responsible for maintaining and promptly updating personal information and
any other information you submit to us, keeping it accurate, current and complete;
if you believe your Eniture Technology user account’s security or integrity has
been compromised in any way, you agree to notify us immediately and that you will
be liable for any Losses you suffer;
we reserve the right to suspend your Eniture Technology licenses and subscriptions
pending an investigation and resolution if any security violations are believed to
have occurred in association with your Eniture Technology user account.
Upon cancellation you will continue to have use of your subscribed to Service only through the end of the subscription term. After the subscription term ends, your access to and use of the Service will be terminated and we shall have no obligation to continue to preserve any data associated with the Service. There are no refunds upon cancellation.
You agree to indemnify and hold Eniture Technology and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). Eniture Technology reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Eniture Technology in the defense of any Claims.
11. DISCLAIMER OF WARRANTY
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, CONTENT ACCURACY OR THE RESULTS TO BE OBTAINED FROM ITS USE. YOU ARE SOLELY RESPONSIBLE TO EVALUATE THE ACCURACY, COMPLETENESS, USEFULNESS OR VALIDITY OF ALL INFORMATION. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICE IS IN ACCORDANCE WITH
APPLICABLE LAW. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ENITURE TECHNOLOGY MAKES NO WARRANTIES REGARDING THE SERVICE AND WILL NOT BE LIABLE FOR YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OR LACK OF SECURITY OF OR ERROR IN THE SERVICE UNDER ANY CIRCUMSTANCES. ENITURE TECHNOLOGY DOES NOT WARRANT THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED IN A
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF ENITURE TECHNOLOGY, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE DURING THE CURRENT SUBSCRIPTION TERM. SUBJECT TO APPLICABLE LAW, ENITURE TECHNOLOGY, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, ERRORS IN THE SERVICE, OR USE OF OR INABILITY TO USE SOFTWARE OR HARDWARE. THE ABOVE LIMITATIONS APPLY EVEN IF ENITURE TECHNOLOGY AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF ENITURE TECHNOLOGY, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
13. CONSTRUCTION AND SEVERABILITY
If any court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement will continue in full force and effect.
Eniture Technology reserves the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change our discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.
Eniture Technology may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Eniture Technology’s rights to any payments due to it. Eniture Technology may terminate a free account at any time. Sections 2.2, 3 through 16 will survive and remain in effect even if the Agreement is terminated.
You may not assign or transfer by contract, by operations or law or otherwise this Agreement or your rights or obligations hereunder without Eniture Technology’s prior written consent. Eniture Technology may assign this Agreement and its rights and obligations in its sole discretion and without your consent.