ENCORPS.COM - TERMS OF SERVICE


1. DEFINITIONS

For purposes of these Terms of Service, the following definitions apply:

  • The Company: ServiceLogix, Inc., its subsidiaries, officers, directors, agents and employees.
  • enCorps.com, the System, the Service, the Web Site: The enCorps.com web site, owned and operated by ServiceLogix, Inc.
  • Terms: These Terms of Service

2. GENERAL INFORMATION

enCorps.com is a service and software system owned and operated by the Company. When you agree to these Terms, you are making your agreement with the Company and in consideration of your access to the System.

3. ACCEPTANCE OF TERMS

The Company provides service to you, subject to these Terms. These Terms may be updated or changed by the Company without notifying you.

Your use of certain services provided by the Company may be bound by additional terms and conditions or guidelines that are hereby incorporated within these Terms by reference. These terms apply when you are using the Service.

4. ENCORPS.COM

You understand, acknowledge, and agree that the services provided herein are provided "as is" and that the Company, its subsidiaries and its business partners and vendors assume no responsibility for the timeliness, deletion, misdelivery or failure to store any member communications or personalized settings.

In order to use this Service, you must be able to access the Internet and the World Wide Web through a Web-browser and pay any fees that may accompany such access. You must also provide your own equipment to provide such access.

5. REGISTRATION

You agree to provide true, accurate and complete information about yourself as required by the System. You also agree to keep such information true, accurate and complete by updating your account information when relevant changes occur.

If you provide information that is not true, accurate and complete or the Company has grounds to suspect that the information you provide is not true, accurate and complete, the Company has the right to suspend or terminate your account and refuse current and future use of the Service.

6. PRIVACY POLICY

Please see the privacy policy which is incorporated into these Terms by reference.

7. PASSWORDS AND SECURITY

When you apply for an account, you will choose a password to access your account. You are responsible for keeping this password confidential and are fully responsible for all activities that occur using that password and your account.

You agree to immediately notify the Company if you believe that unauthorized use of your password or account has occurred or regarding any other breach of security.

You agree to hold the Company harmless against any failure to comply with this section.

8. USER CONDUCT

All content (regardless of format or media) posted on the System is the sole responsibility of the originator of such content. You agree that you are responsible for all content that you upload, post, email or otherwise make available via the Service.

The Company does not control or guarantee the accuracy or quality of the content (in any form) made available by its users.

You understand that as a user of the Service, you may be exposed to content that is offensive, indecent or otherwise objectionable. You shall hold the Company harmless against any claim arising from such content. The Company will not be liable for any content (in any form) including, but not limited to errors and omissions in such content or any loss or damage of any kind incurred through the use of the Service or reliance upon the content (in any form) presented within.

You agree not to:

  • Upload, post, email or otherwise make available any content that is unlawful, harmful, threatening, harassing, defamatory, vulgar, obscene, libelous, hateful, or otherwise objectionable;
  • Impersonate any person or entity including, but not limited to any Company employee or representative or otherwise misrepresent your affiliation with the Company;
  • Attempt to disguise the origin of any content made available through the Service;
  • Upload, post, email or otherwise make available any content that you do not own or have the right to make available under any applicable law, including, but not limited to copyright, patent and/or trademark law;
  • Upload, post, email or otherwise make available any material that contains viruses or would otherwise be harmful or damaging to any computer, software or equipment;
  • Upload, post, email or otherwise make available any unsolicited or unauthorized advertising material, junk mail, "spam", chain letters or any other form of solicitation; or
  • Attempt to interrupt the Service or the servers connected to the Service in any way

The Company has the right at any time, but not the obligation, in its sole discretion, to refuse or remove any content that is available via the Service for any reason or no reason at all.

You agree that you alone are responsible for reliance upon the accuracy, completeness and usefulness of any content provided via the Service and that you alone are responsible for any consequences that arise from such reliance whether such content was originated by users of the Service or by the Company.

The Company, at its sole discretion, may retain and disclose content for any reason whatsoever in order to comply with legal process, enforce these Terms or respond to the claim of any other individual that said content violates the rights of third parties or to protect the rights of its members, employees or the public, or for any other reason that the Company, in its sole discretion, deems necessary.

9. SUBMITTED CONTENT

You agree to grant the Company world-wide, unlimited, royalty-free and non-exclusive license to make publicly available, reproduce and distribute and in any way present all content that you submit for inclusion on publicly accessible areas of the System including, but not limited to photos and images, your profile information and any communication with the Company or other submitted material.

10. INDEMNITY

You agree to indemnify and hold the Company, and its subsidiaries, officers, agents, vendors, business partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of these Terms, or your violation of any rights of another.

11. LIMITS OF USE

You acknowledge that the Company may establish limits concerning use of the Service, including without limitation the maximum time that email messages, profiles, photos or other uploaded content will be retained by the Service, the maximum number of email messages that may be sent from or received by a member of the Service, and any other limits that the company, in is sole discretion, deems necessary.

You agree that the Company has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that the Company reserves the right to log off accounts that are inactive for an extended period of time and that the Company may, in its sole discretion, at any time, limit, suspend or discontinue services because of system failures, performance problems or for any other reason that the Company deems necessary.

12. CHANGES TO SERVICE

The Company reserves the right at any time to change, suspend or discontinue the Service or any part thereof. You agree that you will not hold the Company liable for any such change, suspension or discontinuance.

13. TERMINATION

You agree that the Company may at any time, in its sole discretion, terminate your account or use of the Service and remove any content within the Service, for any reason, or no reason at all, without prior notice.

If the Company decides to terminate your account you agree that the Company shall have no further obligation to you, including the refund or reimbursement of any membership fees paid.

14. ADVERTISERS

You agree that your dealings with advertisers on the System are between you and the advertiser and that the Company shall not be responsible or liable for loss or damage of any kind arising out of such dealings.

16. PROPRIETARY RIGHTS

You acknowledge that the Service and the software used to provide the Service is the property of the Company or of third parties. You agree not to modify, distribute, copy, rent or sell any software provided in conjunction with the Service.

17. DISCLAIMER OF WARRANTIES

You acknowledge and agree to the following:

  • Your use of the Service is at your own risk. The service is provided on an "as is" and "as available" basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability or fitness for a particular purpose.
  • The Company makes no warranty that the Service will not be interrupted, will meet your requirements, will be free from errors, or that the results obtained from use of the Service will be reliable or satisfactory, or that the quality of the Service or its content will meet your expectations.
  • Any material downloaded or otherwise obtained through use of the Service is done at your own risk and that you are alone responsible for any loss or damage that is incurred as a result of such use.
  • No information, whether oral, written or electronic, obtained by you from the Company or the Service shall create any warranty not expressly stated in these Terms.

18. LIMITATION OF LIABILITY

You acknowledge and agree that:

The Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages resulting from the use or inability to use the Service or any unauthorized access to or alteration of your transmissions of data, or the conduct of any member of the service, or any other matter relating to the Service.

19. EXCLUSIONS

Some states do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages so the above limitations may not apply to you.

20. NOTICE

Notices to you may be made via either Internet e-mail, system e-mail facilities, or regular mail.

21. APPLICATION OF TERMS

These Terms constitute the entire agreement between you and the company and govern your use of the Service and there are no other promises or conditions in any other agreement whether oral or written. These Terms also override and supersede any prior agreements between you and the Company.

These Terms and your relationship with the Company shall be governed by the laws of the State of Colorado without regard to any conflict of law provisions. You agree to submit to the jurisdiction of the courts within Arapahoe County, Colorado. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid by a court of competent jurisdiction, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

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

 





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