Terms of Service Updated 01/01/2015
IT IS IMPORTANT THAT YOU READ THESE TERMS OF SERVICE BEFORE USING THIS WEB SITE OR BEFORE USING THE SERVICES. THESE TERMS OF SERVICE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE OR YOUR LAST USE OF THE SERVICES. BY USING THIS WEB SITE OR USING THE SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE, INCLUDING, YOU AGREE TO CHECK FOR UPDATES TO THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THIS WEB SITE AND DO NOT USE THE SERVICES.
EnSpot.com, Inc. (the "Company") provides businesses and organizations with marketing and related services under a variety of brand names (the "Services").
The following are the Terms of Service for using this web site and using the Services. By logging in to the Services, by using this web site or by using the Services, you accept these Terms of Service.
1. Services — The Services are provided subject to these Terms of Service, and any guidelines, rules or operating policies posted on the Company's or the Service's web site, and any Fee Schedule, as may be agreed to, posted or amended by the Company from time to time, which are incorporated herein by reference (collectively, the "Terms of Service" or "Terms"). The Company may modify these Terms and may discontinue or revise any or all other aspects of the Services in its sole discretion and without notice by posting updated versions of the Terms on the Company's or the Service's web site, or updating features related to the Services irrespective of the listing or description, or otherwise providing notice to you. Except as otherwise provided, all such changes shall become effective upon the posting of such revised Terms on the Company's or the Service's web site or updating such features related to the Services. The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services. If you are using the Services in your capacity as an employee, you must have the ability to bind your employer by your use of the Services. You must complete the registration or purchase form on the Service's applicable page in order to use the Services. You may need to register separately for certain Services. You shall, and you certify that you will, provide true, accurate, current, and complete information to the Company at all times during your use of the Services. Service personnel may from time to time access systems related to the Services for the purpose of fulfilling your order or troubleshooting issues that arise in your use of the Services and you hereby waive any claim for damages from any problems that may arise from such access, including without limitation any disruption or damage caused by such personnel.
If you are accessing or using the Services through a third party service or web site (a "Third Party Service"), you agree and acknowledge that the Company is not responsible or liable for any actions of such third party, or for any aspect or result of such Third Party Service, and your use such Third Party Service is at your own risk. You further agree and acknowledge that the Company may terminate such Third Party Service's ability to interact with the Services at any time, with or without notice, and in the Company's sole discretion, with no liability to you or to such third party.
2. Representations and Acknowledgements - In consideration of the mutual covenants and consideration herein contained and exchanged, the adequacy of which are hereby acknowledged, you hereby represent, acknowledge and agree that:
3. Promotions. The Services may be subject to a discount or other promotion. Once you have completed or exceeded the terms of the promotion, the regular service fees will apply.
4. Service Fees. The Services are subject to regular service fees in accordance with a published fee schedule, service plan, subscription plan, or pricing tier, and any related policies or promotions (the "Fee Schedule"). If you exceed the limits of your service plan, or if you select certain additional products or services, additional fees may be incurred pursuant to the Fee Schedule. The Fee Schedules are subject to change from time to time at the Company's sole discretion, which would apply when the term of your current Fee Schedule expires. The Company will use good faith efforts to notify you in advance of any change that may affect the fees billed, however, you are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees to be charged. Any actions taken by you in an attempt to circumvent the Fee Schedule and billing procedures are prohibited.
5. Payments. Fees will be billed monthly, pursuant to the Fee Schedule. Certain Services may be billed at the point of purchase. Fees are due when billed, or if you have established credit with the Company in writing, fees are due pursuant to the terms of the credit. All amounts are due and payable in U.S. Dollars. Any amounts past due to the Company shall accrue interest and/or late charges at the highest rate allowed by law until paid. Payments returned as insufficient funds, charge backs, etc., will be charged a service fee the greater of $25 or the highest rate allowed by law. Foreign checks will be charged a $25 service fee plus any bank charges. Access to the Services, or certain features within the Services, may be disabled until payment is received. Services are performed 'as is' and absent an error, are not subject to refunds.
6. Closing an Account or Updating Credit Card Information. To close an account or update credit card information, use the tool provided within the Services, accessible from the contact us page. On any account that does not require a monthly payment, after one (1) year of not logging into the account, the account may be closed. On any account that is past due, the account may be closed. Upon closing an account, the data may be deleted and no longer accessible.
7. Copyright and Trademark Information - This web site, and the information which it contains, is the property of the Company and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Company service names or logos may appear in this web site or within the Services, and the absence of displaying or listing a service name or logo does not constitute a waiver of the Company's trademark or other intellectual property rights concerning that name or logo.
8. Unsolicited Email and Spam - The Services, as related to email marketing, may only be used to send email to recipients that have provided affirmative consent to the sender and all email sent via the Services must comply with the United States Federal CAN-SPAM Act and any other local laws that apply to the Sender. The Company actively monitors use of the Services, and may disable access to the Services, or use of features of the Services, or remove emails from the Service, or terminate Services, if it suspects a violation of this policy, or tampering with the Services, in its sole discretion. If you suspect a violation of this policy, please contact us immediately.
9. Privacy Policy - We take your privacy very seriously and will take all reasonable measures to protect the information you provide to us. Any such information received by us will only be used to fulfill your order, to communicate with you, and may be used for internal analytic purposes. We will not sell, trade or otherwise transfer your information to non-affiliated third parties. This does not include trusted third parties who assist us in operating our website, conducting our business, processing a transaction, or fulfilling your order, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. Occasionally, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
If you have any questions regarding these Terms of Service please contact us.
EnSpot.com, Inc. (the "Company") provides businesses and organizations with marketing and related services under a variety of brand names (the "Services").
The following are the Terms of Service for using this web site and using the Services. By logging in to the Services, by using this web site or by using the Services, you accept these Terms of Service.
1. Services — The Services are provided subject to these Terms of Service, and any guidelines, rules or operating policies posted on the Company's or the Service's web site, and any Fee Schedule, as may be agreed to, posted or amended by the Company from time to time, which are incorporated herein by reference (collectively, the "Terms of Service" or "Terms"). The Company may modify these Terms and may discontinue or revise any or all other aspects of the Services in its sole discretion and without notice by posting updated versions of the Terms on the Company's or the Service's web site, or updating features related to the Services irrespective of the listing or description, or otherwise providing notice to you. Except as otherwise provided, all such changes shall become effective upon the posting of such revised Terms on the Company's or the Service's web site or updating such features related to the Services. The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services. If you are using the Services in your capacity as an employee, you must have the ability to bind your employer by your use of the Services. You must complete the registration or purchase form on the Service's applicable page in order to use the Services. You may need to register separately for certain Services. You shall, and you certify that you will, provide true, accurate, current, and complete information to the Company at all times during your use of the Services. Service personnel may from time to time access systems related to the Services for the purpose of fulfilling your order or troubleshooting issues that arise in your use of the Services and you hereby waive any claim for damages from any problems that may arise from such access, including without limitation any disruption or damage caused by such personnel.
If you are accessing or using the Services through a third party service or web site (a "Third Party Service"), you agree and acknowledge that the Company is not responsible or liable for any actions of such third party, or for any aspect or result of such Third Party Service, and your use such Third Party Service is at your own risk. You further agree and acknowledge that the Company may terminate such Third Party Service's ability to interact with the Services at any time, with or without notice, and in the Company's sole discretion, with no liability to you or to such third party.
2. Representations and Acknowledgements - In consideration of the mutual covenants and consideration herein contained and exchanged, the adequacy of which are hereby acknowledged, you hereby represent, acknowledge and agree that:
- Use of the Services will be governed by these Terms in their entirety.
- The Services are subject to monthly service or subscription fees, and possibly additional fees, as further described below.
- Use of the Services (or use of any content, images, documents, or email addresses within the Services) may not violate any applicable law, regulation, or agreement, including any intellectual property rights of others, copyright, trademark or patent rights, or contain libelous material, or material deemed to be obscene by its recipients.
- Emails sent via the Services will include an opt-out, unsubscribe, and/or manage subscription mechanism that allows the recipient to remove their email address and related content and/or be added to a suppression list, and/or update their subscription preferences. Emails sent via the Services may also include service related links, notices, Company branding, and/or Third-party advertisements. Additionally, emails sent via the Services, due to the technical aspects of the internet and other items beyond our control, may not be received by all of the intended recipients.
- Except as may be required by law, neither party shall disclose any non-public or confidential information of the other party to the general public, or use such information to negatively affect the business of the other party in any way, without written permission from the other party. Among other things, the email addresses in your account shall constitute confidential information, and the Company shall not compile, buy, sell, rent, trade, or send unauthorized emails to the email addresses in your account.
- These Terms shall be governed by and construed in accordance with the laws of the State of Florida without regard to legal principles pertaining to conflict of laws. In the event of a dispute concerning these Terms, the venue shall be in Miami-Dade County Florida, and the prevailing party shall be entitled to recover its reasonable collection agency and/or attorney's fees and all costs incurred in connection to said dispute, whether incurred in or out of court. If any provision of these Terms is held to be invalid or unenforceable or otherwise violates existing applicable law or subsequently enacted legislation, then such provision shall be modified to reflect the parties' intention solely to the extent necessary to comply with applicable law, and all remaining provisions of these Terms shall remain in full force and effect. ALL PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY AND ALL RIGHTS THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, CROSS CLAIMS OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER, OR IN CONNECTION WITH THESE TERMS.
- The Services are provided 'as is'. The Company shall not be liable for delays or failure to deliver or perform due to acts of God; acts of other parties beyond the control of the Company; acts of civil or military authorities; acts of federal, state or local government or regulatory agencies; fires; strikes; floods; accidents; hurricanes; technology or internet failure, or, other similar events beyond its control. While the Company performs regular backups of the data used in the Services, the Company shall not be liable for failure of the backup system or loss of data and the Company highly recommends that you back up your own data on a regular basis. While the Services incorporate the use of multiple security measures to prevent unauthorized access to the data used in the Services, the Company shall not be liable for the failure of these security measures, or for the user's failure to protect the confidentiality of their username and password. You agree to hold the Company harmless from any liability or loss incurred due to your violation or breach of these Terms. The Company's sole and exclusive liability hereunder is to re-perform any non-performed services or, at the Company's option, refund the amount paid for any non-performed service.
3. Promotions. The Services may be subject to a discount or other promotion. Once you have completed or exceeded the terms of the promotion, the regular service fees will apply.
4. Service Fees. The Services are subject to regular service fees in accordance with a published fee schedule, service plan, subscription plan, or pricing tier, and any related policies or promotions (the "Fee Schedule"). If you exceed the limits of your service plan, or if you select certain additional products or services, additional fees may be incurred pursuant to the Fee Schedule. The Fee Schedules are subject to change from time to time at the Company's sole discretion, which would apply when the term of your current Fee Schedule expires. The Company will use good faith efforts to notify you in advance of any change that may affect the fees billed, however, you are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees to be charged. Any actions taken by you in an attempt to circumvent the Fee Schedule and billing procedures are prohibited.
5. Payments. Fees will be billed monthly, pursuant to the Fee Schedule. Certain Services may be billed at the point of purchase. Fees are due when billed, or if you have established credit with the Company in writing, fees are due pursuant to the terms of the credit. All amounts are due and payable in U.S. Dollars. Any amounts past due to the Company shall accrue interest and/or late charges at the highest rate allowed by law until paid. Payments returned as insufficient funds, charge backs, etc., will be charged a service fee the greater of $25 or the highest rate allowed by law. Foreign checks will be charged a $25 service fee plus any bank charges. Access to the Services, or certain features within the Services, may be disabled until payment is received. Services are performed 'as is' and absent an error, are not subject to refunds.
6. Closing an Account or Updating Credit Card Information. To close an account or update credit card information, use the tool provided within the Services, accessible from the contact us page. On any account that does not require a monthly payment, after one (1) year of not logging into the account, the account may be closed. On any account that is past due, the account may be closed. Upon closing an account, the data may be deleted and no longer accessible.
7. Copyright and Trademark Information - This web site, and the information which it contains, is the property of the Company and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Company service names or logos may appear in this web site or within the Services, and the absence of displaying or listing a service name or logo does not constitute a waiver of the Company's trademark or other intellectual property rights concerning that name or logo.
8. Unsolicited Email and Spam - The Services, as related to email marketing, may only be used to send email to recipients that have provided affirmative consent to the sender and all email sent via the Services must comply with the United States Federal CAN-SPAM Act and any other local laws that apply to the Sender. The Company actively monitors use of the Services, and may disable access to the Services, or use of features of the Services, or remove emails from the Service, or terminate Services, if it suspects a violation of this policy, or tampering with the Services, in its sole discretion. If you suspect a violation of this policy, please contact us immediately.
9. Privacy Policy - We take your privacy very seriously and will take all reasonable measures to protect the information you provide to us. Any such information received by us will only be used to fulfill your order, to communicate with you, and may be used for internal analytic purposes. We will not sell, trade or otherwise transfer your information to non-affiliated third parties. This does not include trusted third parties who assist us in operating our website, conducting our business, processing a transaction, or fulfilling your order, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. Occasionally, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
If you have any questions regarding these Terms of Service please contact us.