Please read these Terms and Conditions (“Terms”) carefully before using the services offered by Company on engearment.com (“Website”). These Terms set forth the legally binding terms and conditions by which you (“User”) agree to be bound for use of the Website and the Service owned and operated by Company (collectively with the Website, the “Service”). By using the Website or Service in any manner, including but not limited to visiting or browsing the Website, User agrees to be bound by these Terms. These Terms applies to all Users of the Website or Service, including Users who are also contributors of content, information, and other materials or services on the Website.
1. Acceptance of Terms
B. Ability to Contract. User represents and warrants that if User is an individual, User is of legal age to form a binding contract, and that all registration information User submits is accurate and truthful. Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
C. Effectiveness. These Terms, when accepted by User after entering User’s full, legal name and checking the box to “acknowledge that you have read and agree to Engearment’s Terms and Conditions”, will create a binding and legally enforceable contract between User and Company, whether User is acting in an individual capacity or as the authorized representative or Agent for another individual, group, or corporation, in which case, “User” shall refer to the individual, group, or corporation on whose behalf User is acting and is authorized to act. If User enters anything other User’s full, legal name, User remains bound by these terms as outlined above. Company suggests User consults with business or legal advisors before confirming these Terms. The “Effective Date” of these Terms is the date on which User first checks the “I agree” box on any page on the Website.
Company reserves the right, at its sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) from time to time and at any time by posting a notice on the Website or by sending User an email. Company may also impose limits on certain features and services or restrict User’s access to parts or all of the Service without notice or liability. It is User’s responsibility to check these Terms periodically for changes. User’s continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes. Company may update these Terms from time to time. Company will attempt to keep User apprised of updates to these Terms. It remains User’s responsibility, however, to be aware of the contents of these Terms upon use of the Website.
3. Rules and Conduct
As a condition of use, User promises not to use the Service for any purpose that is prohibited by these Terms. The Service is provided only for User’s own personal, non-commercial use (except with respect to Users performing duties as agents of others, as authorized through the Service). User is responsible for all of User’s activity in connection with the Service. For purposes of these Terms, the term “Content” includes, without limitation, any videos, audio clips, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Company or its partners on or through the Service.
Users shall not, and shall not permit any third party to, either (a) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service including, or (b) take any other action that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- is knowingly false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- exploits people in a sexual or violent manner;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party;
- impersonates any person or entity, including any employee or representative of Company;
- imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure;
- interferes or attempts to interfere with the proper working of the Service or any activities conducted on the Service;
- bypasses any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
- runs Maillist, Listserv, any form of auto-responder or “spam” on the Service;
- uses unauthorized manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website.
User shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that User receives hereunder. User shall abide by all applicable local, state, national and international laws and regulations.
Users may browse the Website and view Content without registering, but as a condition to using certain aspects of the Service, Users may be required to register with Company and select a password and screen name (“User ID”) to create an Account. Users shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of User’s Account. Users shall not (i) select or use as a User ID or domain a name of another person with the intent to impersonate that person; (ii) use as a User ID or domain a name subject to any rights of a person other than User without appropriate authorization; or (iii) use as a User ID or domain a name that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of, or cancel a User ID in its sole discretion.
Users are solely responsible for activity that occurs on User’s Account and shall be responsible for maintaining the confidentiality of User’s Company password. Users shall never use another User’s Account without such other User’s express permission. User will immediately notify Company in writing of any unauthorized use of User’s Account, or other account-related security breach of which User becomes aware.
5. Mailing Lists
A. Newsletter Mailing List. Users may sign up for Company’s newsletter. By doing so, User gives Company permission to place User on a newsletter mailing list and to send User emails at the email address User uses to sign up for the newsletter. If User no longer wishes to receive the newsletter, User must unsubscribe using the unsubscribe button included at the bottom of each email.
B. Client Mailing List. By utilizing Service and providing User’s email address for contact regarding Service, User gives Company permission to place user on a client mailing list and to send User emails regarding Service including, but not limited to, any email necessary to provide Service and any email necessary to assess User satisfaction with Service.
7. Warranty Disclaimer
Company has no special relationship with or fiduciary duty to User. User acknowledges that Company has no control over, and no duty to take any action regarding: which Users gains access to the Website; what Content User accesses via the Website; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User releases Company from all liability for User having acquired or not acquired Content through the Website. The Website may contain, or direct User to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the Website, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website or the Service.
The Service is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Company, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet User’s requirements. User’s use of the service is solely at User’s own risk.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply.
Electronic Communications Privacy Act Notice (18USC 2701-2711): Company makes no guarantee of confidentiality or privacy of any communication or information transmitted on the Website or any website linked to the Website. Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Website, or otherwise connected with User’s use of the Service.
8. Force Majeure
Neither Company nor User shall be liable for any failure or delay in performance under these Terms (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party’s reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under these Terms, provided that, as a condition to the claim of nonliability, the party experiencing the difficulty shall give the other prompt notice, by mail, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
9. Limitation of Liability
In no event shall Company, nor its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one-hundred U.S. dollars ($100.00). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to User.
In cases in which Company is not the buyer or seller in any Transaction, if a dispute arises between one or more participants in a Transaction, User releases Company (and its affiliates, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If User is a California resident, User waives California civil code §1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” User, being aware of said code section, hereby expressly waives any rights User may have thereunder, as well as under any other statutes or common law principles of similar effect. User acknowledges and agrees that this waiver is an essential and material term of these Terms, and that without such waiver, these Terms would not have been entered into by Company.
In no event shall Company, nor its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory if User suffers personal injury of any sort as a result of use of goods purchased through the Service.
10. Dispute Resolution
11. Integration and Severability
Words importing a gender include any other gender. Words in the singular number include the plural and words in the plural number include the singular.
13. International/Non-Colorado Use
Company makes no representation that the Content is appropriate or available for use in locations outside of Colorado, and accessing the Service is prohibited from territories where such Content is illegal. If User accesses the Service from other locations, User does so at User’s own initiative and is responsible for compliance with local laws.
15. Disclosure of Material Connection
Some of the links on Company’s website are “affiliate links.” This means if you click on the link and purchase the item, Company will receive an affiliate commission. Regardless, Company only recommends products or services it believes will add value to its readers. Copmany discloses this in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”
User may contact Company at the following email address: [email protected]