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Legal

Acceptable Use Policy and Visitor’s Agreement

Welcome to the Enthiosys, Inc. (“Enthiosys”) website, www.enthiosys.com, for use by its customers and potential customers. Enthiosys provides you with access to various information about the company’s products, website, upcoming events, and ideas.

The content of this site, which is subject to change, is intended for informational purposes.

Coverage of this Policy and Agreement

In addition to any other agreements between you and Enthiosys, this policy and agreement does two things: (1) it explains the acceptable use policy that governs our Website, including the actions that we may, within our sole discretion, take for any use that we deem unacceptable; and (2) it enumerates the terms and conditions under which you agree to use our Website (the “Visitor Agreement”).

By accessing or using our Website, you consent to the acceptable use practices described in this Policy and to the terms of this Agreement (collectively the “Policy and Agreement”), as modified from time to time by Enthiosys. “You” includes anyone who uses our Website.

The purpose of this Policy and Agreement is to protect our Website, our customers, and others from inappropriate, unauthorized, illegal or otherwise objectionable activities. Please read this Policy and Agreement together with our Privacy Policy, and any other applicable policies. If you do not agree to accept and comply with the terms of this Policy and Agreement, including all documents, policies and guidelines incorporated herein, please don’t use our Website.

Your Responsibilities

You are responsible for any transmission you send or receive through our Website, including the content of any communication.

Enthiosys does not actively monitor, censor, or directly control any information that is stored on or transmitted over our Website or third party sites or website that are accessible by hyperlink through our Website. Consequently, we do not warrant, verify or guarantee the quality, accuracy, or integrity of the information that you may access. Nor do we accept any responsibility whatsoever for such information. Although we strive to provide useful and accurate information, errors may appear from time to time. Before you act on information you’ve found on our Website, you should confirm any facts that are important to your decision. Your access to any such information is at your risk. A link to another website does not constitute our endorsement of that site (or of any product, service or other material offered on that site).

Since it is always possible that some users may find the material in the Content objectionable, offensive, inappropriate or harmful, you must take personal responsibility for your or your company’s use of the Website and use your best judgment in evaluating any information you access through the Website. You shall remain solely liable for your use of Enthiosys’ Website and any and all “Content” that you access through the site.

You must also exercise best efforts to ensure the security and integrity of your own network; to detect and prevent unauthorized access to your network or Enthiosys’ Website; and to take commercially reasonable steps to safeguard passwords, personal identification numbers, or other access or authentication devices.

 

Copyright and Trademark

The materials available through the Website are the property of Enthiosys or its licensors, and are protected by copyright, trademark and other intellectual property laws. Reproduction, uploading, modification or distribution is prohibited without Enthiosys’ prior written permission. You should send such requests to Enthiosys at info@enthiosys.com.

Without the prior written permission of Enthiosys, you may not frame any of the Content delivered via the Website, or incorporate into another website or other service any intellectual property of Enthiosys, or any of its licensors. Requests for permission to frame to our content may be sent to at info@enthiosys.com.

We don’t want anyone to be confused as to which materials and website are provided by Enthiosys and which aren’t. You may not use any trademark or service mark appearing through our Website without the prior written consent of the owner of the mark. “Enthiosys”, the Enthiosys logo, “Motivated from Within” and the “Innovation through Understanding” slogan are trademarks (or servicemarks, as applicable) of Enthiosys. 

Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Enthiosys reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Enthiosys and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Enthiosys and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Enthiosys or its affiliates for all claims resulting from content you supply. Enthiosys has the right but not the obligation to monitor and edit or remove any activity or content. Enthiosys takes no responsibility and assumes no liability for any content posted by you or any third party. 

Investigation and Enforcement of this Use Agreement

All users of the Website must adhere to the terms of this Policy and Agreement. We have the right, but are not obligated, to strictly enforce this Policy and Agreement through self-help, active investigation, litigation and prosecution.

We may also access, use and disclose information regarding your use of the Website, including transactional information and Content to: (1) comply with the law (e.g., a lawful subpoena); (2) enforce or apply our customer agreements; (3) protect our rights or property and those of our customers; or (4) protect users of those website and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such website. INDIRECT OR ATTEMPTED BREACHES OF THIS POLICY AND AGREEMENT, AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, CUSTOMER, OR USER, SHALL BE CONSIDERED BREACHES OF THIS POLICY AND AGREEMENT BY SUCH COMPANY, CUSTOMER OR USER. 

Modification of the Policy and Agreement

We reserve the right to modify this Policy and Agreement at any time, effective upon its posting, as modified, on the Website. By using the Website, you agree to abide by this Policy and Agreement, as modified from time to time. You should refer to this Policy and Agreement to ensure that your activities comply with the most recent version.

Security of Your Transactions

Should you submit information to us, we cannot guarantee the security of our database, nor can we guarantee that information you supply won’t be intercepted while being transmitted over the Internet. 

Privacy Policy

Enthiosys respects the privacy of individuals who are visitors to our site. Please take a few minutes to review our Privacy Policy.

Miscellaneous

Any failure to insist upon or enforce strict performance of any provision of this Policy and Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this Policy and Agreement. Enthiosys may assign its rights and duties under this Policy and Agreement to any party at any time without notice to you.

Disclaimer of Warranties and Liability

We work hard to make this Website an interesting and useful place, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using the Website.

IF YOU ACCESS THE WEBSITE OR RELY ON ANY MATERIAL AVAILABLE THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE WEBSITE. THE WEBSITE ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” ENTHIOSYS, ITS AGENTS, AND ITS LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION, WEBSITE, OR PRODUCTS AVAILABLE THROUGH THE WEBSITE. NOR DOES IT GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES WILL ENTHIOSYS, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT THE AGGREGATE LIABILITY OF ENTHIOSYS, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WEBSITE WILL NOT EXCEED $100.00.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF ENTHIOSYS, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

Governing Law

This Policy and Agreement shall be governed by and construed under the laws of California. Exclusive jurisdiction over and venue of any suit relating to this Policy and Agreement shall be in the state and federal courts of California.

Indemnification

You agree to indemnify, defend and hold harmless Enthiosys and any third party information providers for the Website from and against all liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, arising from: (1) any violation of this Policy and Agreement by you; (2) any violation of any rights of a third party; (3) any violation of applicable law or regulation; (4) information or Content that you submit, post, transmit or make available through the Website, or (5) your use of the Website.

Severability

If any provision of this Use Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Questions and Comments

We invite you to send in your questions or comments about our site, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss, to info@enthiosys.com.

We hope you enjoy using our Website and we welcome suggestions for improvements.

This Policy and Agreement was last updated on July 19th, 2007.