Terms of service
These Terms of Use ("Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you") and Ena Solution Inc. and "we," "us" or "our" shall mean ENA and its subsidiaries and affiliates, concerning your access to and use of our website www.enasolution.com, as well as all our products, apps, websites, media forms or channels, and mobile websites or applications (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with any or all of these Terms, then you are expressly prohibited from using the Site, and you must discontinue use immediately.
By using our services, you agree to be bound by our Privacy Policy and any supplemental terms and conditions or documents that may be posted on the Site from time to time. The privacy policy and any supplemental policies are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We may alert you about any changes by updating the "Last updated" date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.
Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. These terms constitutes the legal agreement. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site. If you are an Authorized User, you represent and warrant that you are over the age of 13, and in the event you are below the age of 13 you shall use the Services and Products only under the supervision of a legal guardian or parent who agrees to be bound by these Terms. Any use or access to the Services and Products by individuals under the age of 13 is strictly prohibited. The Products and Services and are not available to any users previously prohibited from using the Services and Products by ENA.
User Registration
You may be required to register with the Site/App. You agree to keep your password confidential and will be responsible for all use of your account and password.
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you will not access the Site/App through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Site/App for any illegal or unauthorized purpose; and (5) your use of the Site/App will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
Intellectual Property Rights
You acknowledge that all intellectual property rights, including without limitation, patents, copyrights, trade secrets, trademarks, and , in the Product, Software, and Services (i.e., the Sites, Web Apps, and Mobile Apps) are owned by ENA or its affiliates or our licensors. Your possession, access, and use of the Product, Product Software, and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Canada, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Canada, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Prohibited Activities
You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. In addition, you can only use our Services if they do not conflict or violate laws in your jurisdiction. By using our platform, you accept that you have sole responsibility that your (or your family member's) use or access does not violate any applicable laws.
The rights granted to you in these Terms of use are subject to the following terms : (i) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services or Products; (ii) you agree not to host, transfer, sell, rent, lease, assign, license, distribute, or otherwise commercially exploit the Products or Services; (iii) you agree not to disassemble, make derivative works of, modify, reverse compile, or reverse engineer any part of the Products or Services (iv) you agree not to access the trade secrets Services or Products in order to build a or competitive service or similar Product; (v) except as expressly stated herein, no part of the Products or Services may be reproduced, copied, republished , distributed, , downloaded, displayed, posted, or transmitted in any form or by any means; (vi) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Products, the Product Software, or any other system, device or property; (vii) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (viii) you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by ENA; and (ix). Any future update, release, or other addition to functionality of the Services shall be subject to these Terms.
Limitations of the Products and Services
While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond ENA's control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that ENA is not liable for any damages allegedly caused by the delay or failure of the Services.
The Services and Products, when linked with Third-Party Products or Services or whether standing alone are not certified for any emergency response, unless expressly approved and certified by ENA. ENA makes no warranty or representation that use of the Products or Services with any Third-Party Product or Service will affect or increase any level of safety. You understand that, the products and services, whether standing alone or interfaced with third-party products or services, are not a third-party monitored emergency notification system. further, you understand that under no circumstances will ENA dispatch emergency authorities to your location in the event of an emergency.
If you have any concerns or questions regarding the Products, the Services, or these Terms, please contact ENA support. You understand and agree that any customer care and support offered and provided by ENA is not an 911 service or an emergency dispatch center, for anyone at risk. DURING EMERGENY PLEASE DO NOT CONTACT CUSTOMER SERVICE OR ANY CUSTOMER CARE AND SUPPORT OFFERED BY ENA WITH ANY MEDICAL EMERGENCY, LIFE/SAFETY EMERGENCY, OR ANY OTHER EMERGENCY. YOU SHOULD IMMEDIATELY CONTACT THE 911, POLICE, FIRE DEPARTMENT, OR APPROPRIATE EMERGENCY RESPONSE SERVICE IN ANY SUCH EMERGENCY.
Third-party Websites and Integration
The Site may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Third-Party Products and Services Integration with ENA
Over time, ENA may provide the opportunity for you to interface the Services and Products with third-party services and products, through and using the Services, for example through the Works with ENA platform ("Third Party Products and Services"). You decide whether and with which Third-Party Products and Services you want to interface. Your explicit consent and authorization is required for this interface, and is revocable by you at any time. Once your consent is given for a particular Third-Party Product and Service, you agree that ENA may exchange information and control data regarding you and your products, including your personal information, in order to enable the interface you have authorized.
The App may provide you information regarding your third party products (on") or other peripherals connected to your ENA products. Without limiting the generality of the disclaimers above, all third party product and peripherals information is provided for your convenience "as is", and "as available". ENA does not represent, warrant, or guarantee that product information will be available, accurate, or reliable.
Once your information is shared with the Third-Party services and Products, it shall be governed by the third party's terms of use and privacy policy and not by ENA's privacy documentation. You acknowledge and agree that ENA is not responsible for your use of any Third-Party Product or Services or any personal death, injury, any property damage, or any other harm or losses arising from or relating to your use of any Third-Party Services or Products.
Feedback
You may choose to, or ENA may invite you to submit comments, suggestions, about the Services or Product, including how to improve the Products or Services. By submitting any feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place ENA under any fiduciary or other obligation. ENA may use, modify, copy, publish, the submission and its contents for any purpose and in any way without any compensation to you. You also agree that ENA does not waive any rights to use similar or related ideas previously known to ENA, developed by its employees, or obtained from other sources.
You hereby grant us with a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right to access, display, or otherwise use your User Submissions (including all related intellectual property rights) solely in connection with providing you the Services and as directed by you. You also hereby do and shall grant each user of the Services a non-exclusive license to access and use your User Submissions through the Services and as permitted through the functionality of the Services and under these Terms. Furthermore, you understand that we retain the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to ENA does not affect your ownership of or right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing.
Site Management
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site. The Site may be suspended temporarily without any notice for security reasons, maintenance, system failure and repair, or any other reason in our sole discretion.
Reliability of Services.
You acknowledge that the Services, are not 100% error-free or reliable and may not be always available. Proper functioning of the Services relies on the transmission of data through your enabled wireless device, wi-fi network, and broadband internet access, or optional Cellular Backup service, for which ENA shall not be held liable. Service may be delayed, refused, interrupted, or otherwise limited for a various reasons, including but not limited to power outages, insufficient coverage, environmental conditions, termination of Service and access, non-payment of applicable fees and charges, interference, unavailability of radio frequency channels, repairs, system capacity, upgrades, or relocations. You understand that we cannot and do not guarantee that you shall receive notifications from the APP in any given time or at all. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY CRITICAL PURPOSES OR LIFE SAFETY. MOBILE NOTIFICATIONS PERTAINING TO THE STATUS AND ALARMS ON YOUR ENA PRODUCTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY – THEY ARE NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. You acknowledge that it shall be your responsibility to educate yourself on how to respond to an emergency situation.
System-Requirements
The Services may not be accessible without:
(i) a operational Wi Fi network in your location or office that is positioned to communicate reliably with the Products;
(ii) always-on Internet access at your location with sufficient bandwidth to support the Products you use;
(iii) an supported wireless enabled devices; and
(iv) other system elements that may be specified by Ena.
You shall have to make sure that you have all required system elements and that they are compatible and properly configured in order to efficiently use the Service. You acknowledge and agree that the Services or Products may not work as described when the requirements and compatibility have not been met. In the event of any Interruptions to your Wi Fi network or internet connection, the Services may be unavailable or unreliable for the duration of the Service Interruption
Installation, test and use.
It shall be your responsibility to install and use the Products and Services pursuant to the applicable manual and instructions. In the event the Product is not installed properly, or if any of the product's sensors are not in the detection range or hindered or obstructed by furniture, walls, personal items or any other things, you may experience false alarms or detection failures. You shall be responsible to test the once the Products are installed to be sure that they are functioning properly.
Preferred Installers
ENA Pro may choose to hire a Preferred Installers ("Preferred Installers") for your convenience for the installation of the Product. The Preferred Installers are independent entities and there is no, joint franchisor-franchisee, venture, employment, partnership, contractor or agency relationship between ENA and Preferred Installers. ENA makes no promises, warranties, guarantees, or representations of any kind regarding the skills, licenses, qualifications, representations, permits of the Preferred Installer, nor the services they provide, including the Product Installation Services. For the interest of clarity ENA does not warrant the Preferred Installer's performance on the job or the services furnished by Preferred Installer.
You are solely responsible for making arrangements for and paying the Preferred Installer for any services completed in accordance with your agreement with the Preferred Installer. In the event of any dispute pertaining to the Product Installation Services or the Preferred Installer, such dispute shall be addressed directly between you and the Preferred Installer. You expressly release ENA from any demands, claims, causes of action, losses and damages (direct and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Product Installation Services or with your engagement of, or agreement with a Preferred Installer(s).
Energy Savings and other Benefits.
Unless explicitly promising a "guarantee," ENA does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of the Products or Services or any feature of them. Actual energy savings and monetary benefits vary with factors beyond ENA's control or knowledge. From time to time, ENA may use the Services to provide you with information that is unique to you and your energy usage and suggests an opportunity to save money on energy bills if you adopt suggestions or features of the Product or Services. We do this to highlight an opportunity based on our analysis and information about you and your household. You acknowledge that these promotions are not a guarantee of actual savings, and you agree not to seek monetary or other remedies from ENA if your savings differ
Digital Millennium Copyright Act (DMCA) Notice and Policy
Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our designated copyright agent at:
Ena Solution Inc.
Attn: Copyright Agent
Email: support@enasolution.com
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a "Counter Notification"). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the Canada, for any judicial district in which we are located; (3) a statement that you will accept Service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
Term and Termination
These Terms shall remain in full force and effect while you use the Site. Without limiting any other provision of these terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms or any applicable law of regulation. We may terminate your use or participation in the Site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
Governing Law
These Terms and your use of the Site are governed by and construed in accordance with the laws of the Province of Alberta applicable to agreements made and to be entirely performed within the Province of Alberta without regard to its conflict of law principles.
Dispute Resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Arbitration
For any dispute with us, you agree to first contact us and attempt to resolve the dispute with us informally. In the unlikely event that we are not able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any claims we have for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by the Commercial Arbitration Act (R.S.C., 1985, c. 17 (2nd Supp.)) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect, except as provided herein. Unless we agree otherwise, the arbitration will be conducted in the city/town where you reside. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with Commercial Arbitration Act (R.S.C., 1985, c. 17 (2nd Supp.)) rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party's data security, Intellectual Property Rights, or other proprietary rights.
Exceptions to Informal Negotiations.
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Disclaimer
ENA and our licensors and suppliers make no warranty that its products: (i) will be compatible with your Wi Fi network, computer or mobile device; (ii) will meet your requirements; (iii) will be available on an secure, uninterrupted, timely, or error-free basis; or (iv) will be reliable or accurate.
The Site is provided on an as-is and as-available basis. You agree that your use of the Site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site's content or the content of any websites linked to the Site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted. We do not warrant, endorse, guarantee, or assume responsibility for any product or Services advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or Services through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
ENA does not warrant, guarantee, endorse, or assume responsibility for any service offered or advertised by any third party through or in connection with the Products or Services (including, but not limited to, third party products and services connected through the works with ENA platform) or any hyperlinked website or Services, and ENA will not be a party to any transaction between you and third-party providers of such Products or Services
Limitations of Liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
You acknowledge and agree that this limitation of liability in this section shall apply even if ENA is found liable for any damage or loss due to breach of express or implied or limited warranty, breach of contract, negligence of any kind or strict product liability, degree, indemnification or contribution, subrogation or any other theory of liability. However, this limitation of liability shall not be applicable to any willful, wanton, intentional or reckless misconduct of ENA or gross negligence of ENA in those states that do not permit limitation of liability for gross negligence.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Indemnity For Third-Party Actions
To the fullest extent permitted by applicable law, you agree to indemnify, defend, release and hold ENA and its licensors and suppliers (collectively the "ENA parties") harmless from and against (i) actions, all claims, lawsuits and any other legal action brought by any third party against any of the ENA parties arising from or relating to (a) your use of the Products or Services, (b) your violation of these terms, (c) any user submissions or feedback you provide; or (d) your violation of any law or the rights of any third-party (collectively "third party actions"); and (ii) any and all related losses, damages, settlements and judgments (including payment of the ENA parties' costs, attorneys' fees) incurred by any of the ENA parties, assessed or found against any of the ENA parties, or made by any of the ENA parties, relating to or arising from any such third-party action ("third-party related losses").
Software Updates.
You recognize and agree to the condition that the Services will be updated and modified from time to time. These modifications may take the form of bug fixes, enhanced functions, new modules, changes in the user interface, conformity to new regulations, or other forms. Such updates and modifications can be made without advanced notice.
User Data
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic Communications, Transactions, and Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Force Majeure
Any delay in or failure to perform any obligations by ENA shall not constitute default hereunder if and to the extent caused by force majeure, which is defined to be occurrences beyond the reasonable control, including and limited to acts of the government authorities, acts of pandemics, Act of God, fire, flood, explosion, riots, war, rebellion, insurrection.
Miscellaneous
These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for delay, failure, loss or damage, any loss, damage, delay, or failure caused by your usage of the services provided on the Site. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms of Use.
Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: support@enasolution.com