www.ensighten.com (and its subdomains) (the “Websites”) are operated by Ensighten Inc. (“Ensighten” “we” or “us”). We are a company registered in Delaware, with our principal place of business is at 887 Oak Grove Avenue, Suite 203, Menlo Park, CA 94025, USA.
PART II. Use and operation of the Website
Changes to the Website
We may update the Website and change the content at any time. Although we make reasonable efforts to update the information on the Website, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it. We may also interrupt the regular operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes.
We also do not guarantee that the Website, or any content on it, will be free from errors or omissions and we do not make any promises or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.
When using the Website, you promise not to:
- use the Website or access it for any fraudulent or unlawful purpose;
- use the Website or access it to impersonate any person or entity, or to falsely state or otherwise misrepresent its affiliation with any person or entity;
- interfere with or disrupt the operation of the Website or access to it;
- transmit or otherwise make available in connection with the Website or access to it any virus, worm, Trojan horse, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
- restrict or inhibit the ability of any other person to access or use the Website;
- modify, adapt or translate any portion of the Website;
- remove, obscure or modify any copyright, trade mark, or other proprietary rights notice from the Website;
- violate the security of any computer network, or crack any passwords or security encryption codes;
- decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Websites or associated services; or
- use any robot, spider, search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather or reproduce the Website or circumvent the navigational structure or presentation of the Website.
Please note that the Website may include links to third party websites. These links are provided for your convenience only and do not signify that we endorse such third party websites. We do not review such third party websites and you acknowledge and agree that:
- we are not responsible for such websites, including the terms on which such websites are made available and the privacy policies of such websites, and we do not control their content or availability;
- we make no representation, warranty or condition, either express or implied, in relation to any goods or services or information received from such websites; and
- if you access any such websites, you do so entirely at its own risk.
You may not frame, link or deep-link the Website to any other website without our prior written consent. Any such consent will be subject to certain conditions. Should you wish to frame or set up a link or deep link to our Website please contact email@example.com.
Other terms that may apply
Please note that if you subscribe to and are granted access to the Ensighten Open Marketing Platform (the “Platform”) your use of the Platform will be subject to separate terms and conditions with govern your use of it, including the Ensighten User Agreement.
PART III. IMPORTANT LEGAL INFORMATION
- THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE;
- THAT THE WEBSITE OR THE COMPUTER SERVER FROM WHICH THE WEBSITE IS MADE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND
- TO THE ACCURACY, CONTENT, TIMELINESS, COMPLETENESS, RELIABILITY, QUALITY OR SUITABILITY OF ANY CONTENT CONTAINED IN OR DELIVERED VIA THE WEBSITE OR OTHERWISE MADE AVAILABLE IN CONNECTION WITH THE WEBSITE.
The Ensighten Parties will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or on any website linked to it.
You also acknowledge and agree that the operation of the Website is dependent upon the proper and effective functioning of the internet and other third party equipment and services, and that the Ensighten Parties do not guarantee and will not be liable for these in any way.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE ENSIGHTEN PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Intellectual Property Rights
The intellectual property rights in the Website and copyright in all material stored, displayed and accessible on the Website is either owned by us or licensed by third parties (“Content”). All such rights are reserved by us or our licensors.
In spite of this, you may view, use, download, and print selected portions of the Website solely for your own personal, non-commercial, informational use, provided that you do not republish the Content and that you keep intact and do not obscure any copyright, trade marks, service marks, attributions, patent, and other proprietary notices.
PART IV. HOW TO CONTACT US
If you believe that your copyright (or other intellectual property rights) has been infringed on the Website or that there is any content which you believe is illegal or infringes your or a third party’s rights, please contact us at firstname.lastname@example.org