1. ACCEPTANCE OF TERMS
You agree to indemnify and hold Enseo, and its parent company, Enseo Holdings, Inc. along with its affiliates, officers, agents and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of information or content you submit, post, transmit or make available through the Site, your use of the Site, your violation of these Terms, or your violation of any rights of another.
4. USER CONDUCT
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site. Further, you agree to use the Site only for lawful purposes and agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the site or its content. You agree not to add to, remove or otherwise modify the content contained on this Site or attempt to access content not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
The Site may provide, or third parties may provide, links to the World Wide Web or other resources. You acknowledge and agree that Enseo has no control over such other sites and resources, and you acknowledge and agree that Enseo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Enseo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
6. COPYRIGHT AND TRADEMARK
All materials contained on the Site are “Copyright 2021, Enseo, LLC. All rights reserved.” In the event you claim that any work of yours has been copied in a way that constitutes copyright infringement, on either this Site or through use of any Enseo product or service, please refer to our Copyright Policy.
The trademarks, trade names, logos, service marks and products (collectively the “Trademarks”) displayed on the Site are registered and unregistered marks of Enseo, LLC , an Enseo affiliate or a third-party under the terms of a third-party license. Nothing contained in the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Enseo. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms, is strictly prohibited.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ENSEO 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.
ENSEO MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE AVAILABILITY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ENSEO OR THROUGH OR FROM PRODUCTS OR SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ENSEO IS NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ENSEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.
9. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 7 AND 8 MAY NOT APPLY TO YOU.
- Choice of Law. You agree that any dispute between you and Enseo shall be governed in all respects by the laws of the state of Texas, without regard to choice of law provisions.
- Choice of Forum: Except where prohibited by applicable law, and without limitation to any consumer rights arising under state or federal law, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of your use of this Site (including products purchased through the Site or personal information provided hereunder), shall be resolved in the state or federal courts located in Dallas, Texas. You consent to waive all defenses relating to jurisdiction or convenience of forum with respect to jurisdiction and venue in Dallas, Texas.
11. Assignment. Enseo may assign its rights and duties under these Terms to any party, at any time, without notice to you, unless notice is required by applicable law; provided however, any such assignment will not affect your rights or obligations under these Terms.
12. Waiver/Invalidity. Enseo’s failure to insist upon or enforce strict performance of these Terms is not a waiver of these Terms or Enseo’s rights. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.