Use of Software and Service
Enloop grants you the right to access and use the Service via the Website with the particular user roles available to you according to your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.
Membership in the Service is void where prohibited by law. The Site is intended solely for users who are eighteen (18) years or older. It is not available to users who have been suspended or removed from the Service for any reason.
As a condition to using certain aspects of the Service, you will be required to register and select a User Name (collectively “User Name”, “Name”, “User ID”, “ID”, “User Profile”, “Administrative Profile”), a password, and one or more Company Profile Name(s) (collectively “Company”, “Company Profile”, or “Company Profile Name”). You shall not (i) select or use as a User Name, password, or Company Profile Name the name or password of another person with the intent to impersonate that person; (ii) use as a User Name, password, or Company Profile Name the name or password subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User Name, password, or Company Profile Name the name or password that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Company password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Company reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Site, in connection with such features. Company reserves the right to change its pricing and to institute new charges at any time. Use of the Service by you following such changes constitutes your acceptance of any new charges.
By subscribing to Enloop, you are automatically enrolled in Enloop's communication outreach services. These services include email communications, newsletter distribution and other services Enloop employs to disseminate information to members. You may unsubscribe at any time by clicking on the 'unsubscribe' link available in all distributed communication.
Enloop may terminate your membership, delete your profile and any Content or information that you have posted on the Site or through any platform application and/or prohibit you from using or accessing the Service or the Site or any platform application (or any portion, aspect or feature of the Service or the Site or any platform application) which may result in the forfeiture and destruction of all information associated with your membership, for any reason, or no reason, at any time in its sole discretion, with or without notice, effective immediately.
You can unsubscribe at any time. For each Monthly Membership a minimum period of 30 days is charged. For each Annual Membership a minimum period of 365 days is charged. No refund of any part of this paid membership is made if the member chooses to cancel a subscription during any time period of the term or after the term.
The Service is meant as an aid to assist you in planning a business. It is not intended to provide legal, accounting, tax or financial advice. You acknowledge and agree that you are responsible for your own business research and business decisions, that the Service is only one tool that you may use as part of a comprehensive business analysis process that should involve many other tools and sources of information, that you should not rely on the Service, and that Enloop, Inc. will not be liable for any decision made or action taken by you or others based upon information or materials obtained through use of the Service.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Company does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of any alert. You also agree that Company shall not be liable for any delays in delivery or failure to deliver any alert; for any errors in the Content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Disclaimer of Warranties and Liability
Company makes no representations concerning any Content or analysis contained in, provided by or accessed through the Sites, and Company will not be responsible or liable for the reliability, timeliness, quality, suitability, availability, accuracy, completeness, copyright compliance, legality or decency of any Content, analysis or material contained in or accessed through the Site. You should independently verify all Content and other information that you access through the Service. By using the Service, you agree that Company shall not be responsible for (1) any Content or analysis, (2) any person’s reliance on any such Content or analysis, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Content or analysis or otherwise as a result of your use of the Service. Your use of or reliance on any Content or analysis is at your own risk.
Any material or information accessed, downloaded, or otherwise obtained through the use the Service is provided "as is" and ‘as available” without any express or implied warranty of any kind, including warranties of prompt or proper delivery, retention of any user information or communications provided to or display by Service, merchantability, accuracy, fitness for a particular purpose, or non-infringement. In no event will Enloop, Inc. be liable to any party for any damages of any kind, including but not limited to direct, indirect, special or consequential damages for any use of this Site, any Content, analysis, or data generated by this Site, or any linked Site including, without limitation, lost profits, loss of use, business interruption, loss of programs or other data, whether in an action based on contract, negligence or other tortious action, even if Enloop, Inc. is expressly advised of the possibility of such damages. In no event will Enloop, Inc. warrant or guaranty the correctness, comprehensiveness, completeness, accuracy, timeliness, merchantability, existence, or fitness for any particular use or purpose of any information or any products or Services featured on this Site.
Enloop, Inc. makes no warranty that the Service will meet your requirements, the Service will be uninterrupted, timely, secure, or error-free, the results that may be obtained from use of the Services will be accurate or reliable, the quality of any products, Services, information, or other material generated by the Service, or purchased or obtained by you through the Service will meet your expectations, and any errors in the software or Service will be corrected.
Downloading data from the Service is done at your own discretion and risk. You are solely responsible for any damage to your computer system or loss of data that results from accessing or downloading of any material.
Copyright and Content Ownership; Limited License
All user content posted on the Service must comply with U.S. copyright law.
Enloop, Inc. claims no intellectual property rights over the material (“User Content”) that you provide to the Service. Your profile and content uploaded remain yours. However, by setting your pages to be shared publicly and/or inviting others to view your account, you agree to allow others to view your User Content.
Enloop, Inc. does not pre-screen User Content but has the right (but not the obligation) in their sole discretion to refuse or remove any User Content that is available via the Service.
All non-User Content on the Site and available through the Service, including designs, text, graphics, pictures, video, data, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of Enloop, its users or its licensors with all rights reserved. Non-User Content may not be modified, copied, distributed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Enloop, Inc.‘s prior written consent.
You agree that the Service contains Content specifically provided by Company or its partners and that such Content is protected by copyrights, trademarks, Service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, reverse engineer, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right. Copying or storing of any Content is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content’s copyright notice.
The Site provides a blog and communication forums that are available to the public. By posting on the Site’s blog and forums you agree to be solely responsible for the Content of all information you contribute, link to, or otherwise upload to the Site, and release Company from any liability related to your use of the Site.
Company reserves the right to remove any Content from the Site at any time, for any reason, or for no reason at all.
The industry average ratios data contained within the Enloop software is provided under a non-exclusive license granted and copyrighted by the Risk Management Association and was compiled from a sample not necessarily statistically representative and reliance thereon should be limited accordingly. The Data has been obtained from or is based upon sources believed by RMA to be reliable, however, the Data is provided without warranty of any kind and RMA and Enloop, Inc. make no representations or warranties, expressed or implied, to licensee or any other person or entity as to the accuracy, timeliness, completeness, merchantability or fitness for any particular purpose of any of the Data. The Data is provided without warranty on the understanding that any person or entity that acts upon it or otherwise changes position in reliance thereon does so entirely at such person’s or entity’s own risk.
Enloop's trademarks and trade dress may not be used in connection with any product or Service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Enloop.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) post any Content on or through the Service, that:
- Are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
- Use Enloop for any illegal purpose, including but not limited to conspiring to violate laws.
- Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present, including any employee or representative of Company.
- Upload, post, email, transmit or otherwise make available any Content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, transmit or otherwise make available any Content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to a) Using the Service to send messages to people who don't know you or who are unlikely to recognize you as a known contact; b) Using the Service to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; c) Sending messages to distribution lists, newsgroup aliases, or group aliases, and d) unauthorized commercial activities and/or sales without Company’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Stalk or harass anyone.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through Enloop.
- Post Content in fields that aren't intended for that Content. Example: Putting an address in a name or title field.
- Interfere with or disrupt the servers or networks connected to Enloop or disobey any requirements, procedures, policies or regulations of networks connected to the Service
- Infringe any intellectual property or other proprietary right of any other person or entity;
- Post any content that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
- Install or cause to be activated any 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.
Additionally, you shall not: (i) take any action that 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; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites.
You 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, (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder, or (iv) use or access the Service in order to build a competitive product or Service. You shall abide by all applicable local, state, national and international laws and regulations when using the Service.
Third Party Sites
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Sites. When you access third party websites, you do so at your own risk. These other websites are not under Company's control, and you acknowledge that Company is not responsible or liable for the Content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company 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 the use of or reliance on any such Content, goods or Services available on or through any such website or resource. Enloop makes no representations, warranties or endorsements with respect to any non- Enloop web Site which may be accessed from this Site. When you access a non-Enloop web Site, please understand that Enloop has no control over the Content or information at that Site. It is your responsibility to protect your system from such items as viruses, worms, Trojan horses and other destructive items.
You are granted a limited, non-exclusive right to create a hypertext link to this Site provided that such link (i) does not portray Enloop and/or its affiliates or any of their respective products and Services in a false, misleading, derogatory or otherwise defamatory manner; and (ii) does not imply any sponsorship, approval, endorsement or affiliation of your web Site or products by Enloop. This limited linking right may be revoked at any time. You may not modify or alter the appearance or Content of the home page or Site, or use framing techniques to enclose any Enloop trademark, logo or other proprietary information, including the images found at this Site, the Content of any text or the layout/design of any page or form contained on a page without Enloop's express written consent. To obtain consent, please contact us. You are granted only a limited license and nothing herein shall grant to you any rights in or to (i) any Enloop Marks; (ii) the Content of the Site; (iii) user data or access to any user information; nor (iv) any other intellectual property or proprietary rights of Enloop, Inc.
Limitation of Liability
In no event shall Enloop, 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 (including, without limitation, any content) (I) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages or any kind whatsoever (however arising), (II) for any bugs, viruses, or the like (regardless of the source), (III) for your reliance on the service or (IV) for any direct damages in excess of (in the aggregate) One Hundred U.S. Dollars ($100.00).
Governing Law; Venue and Jurisdiction
Integration and Severability