Terms of Use
TERMS AND CONDITIONS ENOSIX CONNECT CONSOLE
BY ACCESSING THE CONSOLE, REGISTERING AN ACCOUNT, OR USING THE SERVICES ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU AFFIRM THAT YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND THAT ANY SUCH ORGANIZATION OR COMPANY ACCEPTS AND IS BOUND BY THESE TERMS.
These Term and Conditions (these “Terms”) apply to your access and use of this console (the “Console”) as well as any software, services, products, or content available on or through the Console (“Services”). These Terms are subject to change by enosix, Inc. (referred to as “enosix,” “us,” “we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on the Console. You should review these Terms prior to accessing or using the Console or the Services. Your continued access to or use of the Console or Services after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Master Subscription Agreement between your company or organization and enosix (“MSA”) that applies generally to your or your company or organization’s use of the Console and the Services and is incorporated herein by reference. In the event of an inconsistency with these Terms and the MSA, these Terms control. You should also carefully review our Privacy Policy before accessing or using the Console or Services (see Section 11).
  1. 1.
    Intellectual Property. The Console, Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, interfaces and interactive features included with or available through the Console or Services and all intellectual property rights to the same, including, without limitation, all trademarks, service marks, trade names and trade dress that may appear on the Console or Services and/or the “look and feel” of any of the foregoing are owned by us, our licensors, our affiliates, or third parties (collectively, the “Service Content”), are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms, you shall not acquire any right, title or interest in the Console, Services, or any Service Content. Any rights not expressly granted in these Terms are expressly reserved.
  2. 2.
    Account Registration.
    (a) In order to access or use the Console and Services, you may have to become a registered user.
    (b) If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create or we will provide a user name and password to create an “Account.” You are solely responsible for safeguarding and maintaining the confidentiality of your Account. You may not share your Account access details or authorize others to use your Account. You are responsible for all activity under your Account. If your employment with the organization or company on behalf of whom you have agreed to these Terms terminates or you are no longer authorized to act on behalf of or bind such organization or company, you agree to immediately cease all use of your Account and no longer access the Console or Services. If you wish to access the Console or Services again, you must re-register an account for yourself or on behalf of a new organization or company. Any access to an Account, the Console, or Services linked to an organization or company that no longer employs you or on whose behalf you are no longer authorized to act shall constitute a material breach of these Terms. You agree to contact us immediately if you become aware of any breach of security or unauthorized use of your Account. We have the right to disable any Account, at any time in our sole discretion for any or no reason.
  3. 3.
    Access and Use.
    (a) In all instances, the Console and the Services are not being sold to you; rather, you are being granted a limited and revocable license to access and use the Console and Services. Access to and use of the Console and Services is limited to internal business purposes that are non-competitive with ours (“Business Use”). By accessing and using the Console and the Services, you agree to: (i) use our Services solely for the Business Use; (ii) to keep strictly confidential all user content (including any user’s Account information), Service Content and other information accessed through the use of the Console and Services, as well as any technical, financial, strategic and other proprietary and confidential information relating to our or our business operations that you may access or that we may directly or indirectly provide (“Confidential Information”); (iii) not share any Confidential Information with anyone except to those employed by your employer, but only where the sharing of the Confidential Information is necessary to further the Business Purpose and only after those persons have been informed of these obligations of confidentiality and have agreed to be bound or are already bound by obligations of confidentiality at least as restrictive as those contained herein ; and (iv) not share your Account access information with any other user, including other employees of your employer.
    (b) Access to and use of the Console and Services generally require that you have internet or data network access. You are responsible for obtaining all such access, along with the computers, mobile devices and other equipment necessary and any software necessary to access and use the Console and Services. We do not guarantee that the Console or Services, or any portion of them, will or will continue to function on or interoperate with any particular equipment, device, or software.
    (c) You acknowledge that we reserve the right to discontinue access to or use of the Console and the Services, in whole or in part, at any time. When using the Console and Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright and privacy laws. Except as expressly permitted in these Terms or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its applicable owner. In certain instances, we may suggest, ask or otherwise permit you to download, install or print Service Content. In such a case, you may do so only in the manner authorized. You acknowledge that you do not acquire any ownership rights by downloading, installing or printing Service Content.
    (d) Furthermore, except as expressly permitted in these Terms, you may not:
    (i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in, on, or through the Console, Services, or Service Content;
    (ii) circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict access to or the use of or copying of the Console, Services, or Service Content;
    (iii) use an automatic device (such as a robot or spider) or manual process to monitor, copy, or “scrape” the Console, Services, or Service Content for any purpose without our express written permission;
    (iv) collect or harvest any personally identifiable information or non-personally identifiable information from the Console, Services, or Service Content including, without limitation, user names, passwords, email addresses;
    (v) solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
    (vi) use any device, software, or routine that interferes with the proper working of the Console, Services, or Service Content or enosix’s equipment, network, and systems;
    (vii) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
    (viii) impersonate or attempt to impersonate enosix, an enosix employee, another user, or any other person or entity (including, without limitation, by using email addresses or Accounts associated with any of the foregoing);
    (ix) attempt to or interfere with the proper working of the Console, Services, or Service Content or impair, overburden, or disable the same;
    (x) decompile, reverse engineer, or disassemble any portion of the Console, Services, or Service Content;
    (xi) use network-monitoring software to monitor their availability or to determine architecture of or extract usage data from the Console, Services, or Service Content;
    (xii) encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Account);
    (xiii) violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce;
    (xiv) use the Console, Services, or Service Content for purposes that are competitive with enosix; and/or
    (xv) engage in any conduct that restricts or inhibits any other user from using or enjoying the Console, Services, or Service Content.
    (e) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms.
  4. 4.
    Grant of Access. In order to provide certain Services hereunder, it may be necessary for you to grant enosix access to your systems or servers to provide such Services. As a result, you hereby grant us access to your systems and servers to provide the Services hereunder.
  5. 5.
    Privacy. Our Privacy Policy, the terms of which are hereby incorporated herein by reference, governs the processing of all personal data collected your use of and access to the Console and the Services.
  6. 6.
    Service Content & Third-Party Links.
    (a) You may not rely on any information and opinions expressed through any of the Console or Services for any purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Use of the Service Content is at your own risk and under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.
    (b) Service Content may include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through the Console or Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.
    (c) The Console or Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
  7. 7.
    Indemnification. You agree to indemnify and hold harmless enosix and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies (collectively, the “enosix Parties”) from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your use of the Console, Services, or Service Content; (ii) any actual or alleged violation or breach by you of these Terms; (iii) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (iv) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
  8. 8.
    DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE CONSOLE, SERVICES, AND THE SERVICE CONTENT IS AT YOUR SOLE RISK. THE CONSOLE, SERVICES, AND SERVICE CONTENT (INCLUDING SOFTWARE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENOSIX PARTIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE CONSOLE, SERVICES, AND SERVICE CONTENT WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE CONSOLE, SERVICES, AND SERVICE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR SERVICES OR REFERENCED IN THE CONSOLE, SERVICES, AND SERVICE CONTENT; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONSOLE, SERVICES, AND SERVICE CONTENT; (6) WARRANTIES THAT YOUR USE OF THE CONSOLE, SERVICES, AND SERVICE CONTENT WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE CONSOLE, SERVICES, AND SERVICE CONTENT (INCLUDING SOFTWARE) WILL BE CORRECTED.
  9. 9.
    LIMITATION ON LIABILITY.
    (a) UNDER NO CIRCUMSTANCES SHALL ANY OF THE ENOSIX PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE CONSOLE, SERVICES, SERVICE CONTENT, OR THESE TERMS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE CONSOLE, SERVICES, AND SERVICE CONTENT IS TO STOP USING THE CONSOLE, SERVICES, AND SERVICE CONTENT. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF GOODS OR SERVICES RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SERVICES OR SERVICE CONTENT OR ANY LINKS PLACED IN OUR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES OR SERVICE CONTENT. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY USING OUR SERVICES.
    (b) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ALL OF THE ENOSIX PARTIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY ENOSIX DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $500. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE CONSOLE, SERVICES, SERVICE CONTENT, OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
  10. 10.
    Termination.
    (a) We reserve the right in our sole discretion and at any time to terminate or suspend your Account and/or block your use of the Console, Services, and Service Content for any or no reason. You agree that enosix is not liable to you or any third party for any termination or suspension of your Account or for blocking your use of the Console or Services.
    (b) Any suspension or termination shall not affect your obligations to us under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your Account or these Terms shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, and limitations on liability.
  11. 11.
    Amendment; Additional Terms.
    (a) We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Console or Services or to modify these Terms. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Console or Services generally, unique of the Console or Services, or both (“Additional Terms”). To the extent any Additional Terms conflict with these Terms, the Additional Terms will control.
    (b) Modifications to these Terms or Additional Terms will be effective immediately upon notice, either by posting them to the Console or Services, notification by email or through the Console or Services. It is your responsibility to review the Terms from time to time for any changes or Additional Terms. Your access and use of the Console or Services following any modification of these Terms or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms or to any Additional Terms, immediately discontinue use of the Console or Services and, if applicable, terminate your Account.
  12. 12.
    Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
  13. 13.
    Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Ohio. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties arising under these Terms. The parties agree that any dispute or controversy arising out of or relating to any interpretation, construction, performance or breach of these Terms must be brought in the county of Hamilton, Ohio, or if such court does not accept jurisdiction or will not accept jurisdiction, in any court of general jurisdiction in the state of Ohio, or in the United States District Court for the Southern District of Ohio.
  14. 14.
    Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
  15. 15.
    No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of enosix.
  16. 16.
    No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
  17. 17.
    Notices. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) posting to the Console or Services. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
  18. 18.
    Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
  19. 19.
    Entire Agreement. These Terms, the MSA, our Privacy Policy, and any Additional Terms will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
Last modified 6mo ago
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