Terms Of Service
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Terms and Conditions for Use of eNhanceCCM’s Data and Services
Please read these Terms and Conditions (“Terms”) carefully as they create a legally binding agreement between you and eNhanceCCM These Terms govern your use of the websites that link to these Terms. By using eNhanceCCM’s products and services (“Product Suite”) via eNhanceCCM’s websites, you automatically agree to these Terms. Please note, we offer our Product Suite across numerous websites. Your use of eNhanceCCM’s Product Suite may be provided by eNhanceCCM pursuant to a separate agreement. Those additional terms in the separate agreement become part of your agreement with us. Unless otherwise provided in a separate agreement, eNhanceCCM grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Product Suite for your own internal purposes during the term of this agreement. If you do not agree to these Terms, please immediately cease any use of eNhanceCCM’s Product Suite.
Term and Termination
When you agree to these Terms, the agreement between you and eNhanceCCM begins. The agreement will last for as long as you have an account on one of eNhanceCCM’s websites or until we terminate your account in accordance with these Terms. eNhanceCCM or you may terminate your account at any time and for any reason by providing the other party notice. We may suspend your account at any time, with or without cause.
Ownership
eNhanceCCM owns all rights, title, interest, and proprietary rights in the Product Suite, including, but not limited to, patents, trademarks, service marks, copyrights, trade secrets, and other intellectual property rights. If you provide suggestions, comments, ideas or recommendations, requests for enhancements, additional features or functionality, or other feedback to eNhanceCCM (collectively “Feedback”), you hereby assign all right, title, interest, and proprietary rights, in and to the Feedback to eNhanceCCM. All licenses granted to you pursuant to this agreement or any applicable agreement with eNhanceCCM are expressly conditioned upon your compliance with these Terms. All rights not expressly granted hereunder are reserved to eNhanceCCM. Any use of the Product Suite not expressly authorized in this agreement is strictly prohibited.
You represent and warrant that you either own or have the authority, license, or permission to use all material, content, data, and information that you provide to eNhanceCCM in the course of using the Product Suite. You will retain ownership of the material, content, data, and information that you provide to eNhanceCCM.
Rules and Restrictions
· Unless specifically authorized in advance and in writing by eNhanceCCM, you will not share, sell, transfer or otherwise make the Product Suite available to any third person or entity. You will use your best efforts to prevent the misuse or unauthorized use of the Product Suite by any third person or entity.
· You may not disassemble, decompile, reverse engineer, modify, or otherwise alter the Product Suite or any part thereof.
· You may not access data not intended for your use.
· You may not log on to a server or an account that you are not authorized to access.
· You may not probe, scan, or test the vulnerability of a system or network.
· You may not attempt to breach security or authentication measures without proper authorization.
· You may not interfere with services to any user, host, or network, including, but not limited to, submitting a virus to any eNhanceCCM website, overloading, flooding, spamming, mailbombing, or crashing.
· You may not use the Product Suite to store or transmit data that infringes a third party’s privacy right or intellectual property right.
· You many not co-brand or otherwise provide the Product Suite on behalf of any third party;
· You will not name or refer to eNhanceCCM or your use of the Product Suite in any of your advertisements or promotional or marketing materials.
· You may not use data derived from the Product Suite for the purpose of soliciting survivors of deceased persons.
· You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to eNhanceCCM and to enable such data to be lawfully collected, processed, and shared by eNhanceCCM for the purposes of providing the Product Suite or as otherwise directed by you.
· You will comply with all Laws applicable to the campaigns sent through the Product Suite, including those relating to (i) acquiring consents (where required) to lawfully send campaigns, (b) the content included in the campaigns, and (c) your campaign deployment practices.
· You acknowledge that certain data from the Product Suite may include names and phone numbers that appear on one or more do-not-contact lists maintained by a federal, state, provincial, or other governmental entity or whose use may otherwise be regulated. You are responsible for subscribing to all applicable do-not-contact lists and you further agree to comply with all such relevant Laws, including those and you further agree to comply with all such relevant Laws relating to any such do-not-contact lists.
· eNhanceCCM reserves the right to review your use of the Product Suite to ensure compliance with these Terms, but any failure of eNhanceCCM to review such use will not constitute acceptance of such use or waive any of eNhanceCCM’s rights hereunder or limit any of your obligations with respect to these Terms and the Product Suite.
· eNhanceCCM further reserves the right to require additional terms and conditions, or require you to enter into additional agreements, prior to providing you with access to the Product Suite.
Privacy
By accessing one of eNhanceCCM’s websites, you consent to eNhanceCCM’s Privacy Policy. The terms of the Privacy Policy are incorporated herein.
Disclaimer of Warranties
THE PRODUCT SUITE ARE PROVIDED ON AN “AS-IS” BASIS AND ENHANCECCM HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES TO YOU, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR RESULTS TO BE DERIVED FROM THE USE OF THE PRODUCT SUITE. WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, NEITHER ENHANCECCM NOR ANY OF ITS THIRD-PARTY SUPPLIERS OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPREHENSIVENESS OR COMPLETENESS OF THE PRODUCT SUITE NOR THAT THEY WILL BE UNINTERRUPTED. EXCEPT WHERE OTHERWISE PROHIBITED OR LIMITED BY LAW.
Limitation of Liability
IN NO EVENT WILL ENHANCECCM BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OR “COSTS OF COVER” ARISING OUT OF OR RELATING TO THESE TERMS OR THE PRODUCT SUITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING OUT OF ANY MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS, DEFECTS, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, OR ANTICIPATORY PROFITS, REGARDLESS OF WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN OR WAS FORESEEABLE. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, UNAUTHORIZED ACCESS, THEFT, STRIKES, OR ANY FORCE MAJEURE. YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE PRODUCT SUITE.
Indemnification
You agree to indemnify, defend, and hold harmless eNhanceCCM, its stockholders, directors, officers, employees, independent contractors, and agents against any claim, demand, loss, liability, damage, injury cost, or expense (including attorneys’ fees and legal costs) which arises, directly or indirectly, out of your violation of these Terms or your use of the Product Suite.
Equitable Relief
Your violation of these Terms may cause irreparable harm to eNhanceCCM. We have the right to seek injunctive relief or other equitable relief if you violate these Terms.
Additional Remedy of Termination
In addition to all other legal rights and remedies available to eNhanceCCM for any apparent, threatened, or actual breach or violation of these Terms by you, eNhanceCCM has the right to terminate your account and demand immediate return or destruction of any data accessed from the Product Suite at any time if eNhanceCCM believes you are not complying in full with these Terms.
No Assignment by You
You may not assign your rights or obligations under these Terms to any other person or entity without the prior written consent of eNhanceCCM, whether by operation of law or otherwise, and any attempt to do so s
Changes
eNhanceCCM reserves the right to make changes to the Terms at any time, without notice to you. The new Terms will take effect immediately upon posting and apply to your continued use of the Product Suite. eNhanceCCM may change the Product Suite or discontinue the Product Suite at any time.
Entire Agreement
These Terms and any additional agreements contain the entire understanding between you and eNhanceCCM and supersede any prior understandings or agreements, oral or written, relating to the subject matter of these Terms. These Terms may only be amended by a document signed by you and eNhanceCCM. No waiver of any breach of these Terms shall be deemed a waiver of a future breach, whether of a similar or different nature, and no waiver shall be effective unless in writing signed by the waiving party.
If there is a conflict between these Terms and any agreement where you were assigned an account, the agreement where you were assigned an account will control to the extent of the conflict.