Terms of Use

Last updated: November 19, 2015

PART I. ABOUT THE WEBSITE AND THESE TERMS OF USE

Introduction

www.ensighten.com (and its subdomains) (the “Websites”) are operated by Ensighten Inc. (“we” or “us”). We are a company registered in Delaware, with our principal place of business is at 1741 Technology Drive, Suite 500, San Jose, CA 95110.

These Terms of Use set out the terms and conditions on which we agree to make available and you agree to access and use the Websites.

By using the Websites, you agree to be legally bound by these Terms of Use so if you do not agree with these Terms of Use, you should not use the Websites.

Changes to the Terms of Use by us

Please note that we may amend these Terms of Use from time to time. If we do, we will publish the changes on the Website so please review the Website periodically for changes to these Terms of Use. The date at the top of this webpage indicates when these Terms of Use were last updated.

PART II. Use and operation of the Website

Changes to the Website

It is important to note that we reserve the right to modify, suspend, or terminate operation of or your access to the Website, or any portion of the Website, including but not limited to, for your violation of these Terms of Use.

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reasonable efforts to update the information on the Website, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it.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.

Your obligations

Please note that you are responsible for making all arrangements necessary for you to have access to our Website and that you are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them (including any terms of use that govern access to the Platform).

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; 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.

 
Links

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 digital-marketing@ensighten.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.

Privacy policy and use of data

Our privacy policy (available at https://www.ensighten.com/privacy-policy/) (“Privacy Policy”) explains our policies regarding the collection, use, transmission, and processing of your personal data provided by or collected from you via the Website (including how cookies are used). You should review the Privacy Policy before using the Website and, like these Terms of Use, the Privacy Policy may be changed by us at any time.

PART III. IMPORTANT LEGAL INFORMATION

Our liability to you for breach of these Terms of Use

Nothing in these Terms of Use is intended to exclude or limit our liability for death or personal injury caused by our negligence, for fraudulent misrepresentation or for any other liability that cannot be excluded or limited by law.

Save as expressly provided in these Terms of Use, the Website is made available to you on an “as is” basis and we disclaim and do not accept any liability to you in respect of it. It is your responsibility to ensure that the Website is suitable for your intended purposes. We accept no liability as to the suitability or fitness of the Website in meeting your needs and we exclude to the fullest extent permissible by law all express or implied promises, warranties, representations, conditions or terms, including, without limitation:

  • 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.

 
We will not be liable to you 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 we do not guarantee and will not be liable for these in any way.

We will not be liable to you for any special, indirect, punitive or consequential losses or damages, or any loss of data, profits, revenues, business, or goodwill.

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.

Except as expressly set out in these Terms of Use, you agree not to use, modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of, in any manner, any Content or any other part of the Website, without our express prior written consent.

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.

Miscellaneous

We may transfer our rights and obligations under these Terms of Use to another organization, but this will not affect your rights or our obligations under these Terms of Use.

Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful, illegal or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you, or that you do not have to comply with those obligations. If we do waive a default or breach of these Terms of Use by you, we will only do so in writing.

These Terms of Use and any dispute or claim arising out of or in connection with these Terms of Use or the Website (including non-contractual disputes or claims) are governed by and shall be construed in accordance with the laws of the State of Delaware, USA.

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 digital-marketing@ensighten.com.

If you have any other questions or complaints regarding these Terms of Use or the Website, please contact us at digital-marketing@ensighten.com.

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