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Terms & Conditions
By accessing or using EnbaseSolutions.com™, you agree to be bound by the terms and conditions of this Agreement. The following terms and conditions of this Agreement may be updated or otherwise changed from time to time.

1. Agreement
EnbaseSolutions.com™ may modify this Agreement at any time without prior notice to you. Such modification shall be effective immediately upon either posting of the modified Agreement or upon otherwise notifying you of the modified Agreement. You agree to periodically review the terms and conditions set forth in this Agreement to ensure that you are aware of any modifications. You can review the most current version of this Agreement by visiting http://www.enbasesolutions.com.

2. Definitions
"Agreement" means the terms and conditions and other statements set forth in this document, whether located on the same or different web pages.

"Enbase" and "enbasesolutions.com™" mean Enbase, LLC and includes its parents, affiliates, subsidiaries, officers, directors, employees, agents, representatives, successors and assigns.

"User" or "you" or "your" refers to any and all individuals, companies, organizations and other entities who access or use this website in any way imaginable, whether through existing technology or through technology not heretofore manufactured or discovered.

3. License
Enbase grants, subject to the terms of this Agreement, a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use EnbaseSolutions.com™ in real time and to use the materials in EnbaseSolutions.com™ in a manner consistent with Paragraph 4 (Intellectual Property Rights) below.

4. Intellectual Property Rights
Enbase respects the intellectual property rights of others. The trade names, trade dress, trademarks, service marks and other intellectual property rights owned by the manufacturers, wholesalers, distributors, retailers and advertisers of the products and services offered for sale or referenced by Enbase or enbasesolutions.com™ are the property of their respective owners.

A. Copyrights
With the exception of the intellectual property identified in Paragraph 4 above, Enbase owns the copyright in the content of this site, including, without limitation, all text, graphics, logos, buttons, icons, images, software, HTML, object code, source code, and other code, video material, audio material, multimedia material, artwork, photographs, among other content ("EnbaseSolutions.com Copyright Material"). The EnbaseSolutions.com™ Copyright Material is protected by state, U.S. federal and international copyright laws. You may display and download portions of EnbaseSolutions.com™ solely for your own non-commercial use. You agree not to change or delete any proprietary notices from materials downloaded from EnbaseSolutions.com™. All other uses, including, without limitation, the reproduction, copying, modification, distribution, sale, lease, transmission, republication, performance or display, or any commercial use of the content on this site is strictly prohibited by law.

B. Trademarks
Enbase, Enbase Solutions™, Enbase, LCC™ and EnbaseSolutions.com™ and the respective enbasesolutions.com logos, images and graphics are trademarks, trade names or service marks of Enbase. The EnbaseSolutions.com logo, graphics, trademarks, trade names and service marks may not be used in any manner by any person, organization or entity, or in connection with any product or service, without the express written authorization of an officer or member of Enbase, LLC. All other trademarks, service marks and trade names are the property of their respective owners and are used on this site by virtue of a right or license from their respective owners.

C. Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to 17 U.S.C. 512(c)(2), claims of copyright infringement must be submitted to the following designated agent for the Service Provider EnbaseSolutions.com:
Kelly Greenwood Prather
The Greenwood Prather Law Firm
1300 McGowen Street
Houston, Texas 77004
713-333-3200 (telephone)
713-621-1449 (facsimile)

To be effective, the notification must be a written communication that includes the following:

  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 at a single online site are covered by a single notification, a representative list of such works at that 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 the service provider to locate the material;

  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail 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;

  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.

 

5. Submissions
Enbase

values and encourages User feedback on Enbase’s

and EnbaseSolutions.com’s™ products and services. Pursuant to Enbase’s

company policy, however, we do not accept nor consider creative ideas, suggestions or materials other than those specifically requested by Enbase

. Our policy is designed to eliminate the possibility of future misunderstandings and disputes if and when Enbase

decides to implement an idea that is similar to one submitted by you. We hope you understand the business reasons behind our policy. If you choose to send any creative submissions to us, whether at Enbase’s

request or despite our request that you do not send submissions to us, all submissions shall be deemed, and shall remain, the exclusive property of Enbase

, and Enbase

shall exclusively own all now known or hereafter existing rights to the submissions throughout the universe. Enbase

shall be entitled to complete unrestricted use of the submissions for any purpose, whether commercial or otherwise, without compensation to the provider of the submissions.

6. User Account Information
You agree to: (a) maintain all equipment required for your access to and use of EnbaseSolutions.com™; (b) maintain the security of your user identification, password and other confidential information relating to your EnbaseSolutions.com™ account, if any; and (c) be responsible for all charges resulting from use of your EnbaseSolutions.com™ account, if any, including unauthorized use prior to your notifying EnbaseSolutions.com™ of such use and taking steps to prevent its further occurrence by changing your password. You further agree to notify EnbaseSolutions.com™ immediately upon your discovery that any of your account or password information may have been compromised or otherwise used in any manner by unauthorized persons.

7. User Representations & Warranties
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use EnbaseSolutions.com™ in accordance with this Agreement. You agree to be financially responsible for your use of EnbaseSolutions.com™ (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

8. Security
At Enbase

, the security of the information submitted by you over the Internet is one of our highest priorities. EnbaseSolutions.com™ uses Secure Sockets Layer ("SSL") encryption when processing information provided by you over the Internet. The SSL protocol encrypts your information and transmits your information through the Internet to EnbaseSolutions.com.

9. Forums and Discussions
User agrees not to post, distribute or otherwise publish on EnbaseSolutions.com™ any Content which is libelous, defamatory, obscene, pornographic, abusive or otherwise violates any state, federal or international law. User agrees that any forum, discussion or bulletin board service on EnbaseSolutions.com™ shall be used only in a noncommercial manner. User shall not, without the express written consent of an authorized representative of Enbase

, post, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services. User understands that Enbase

does not, and cannot, review, edit or otherwise screen any message posted by Users in any forum, discussion or bulletin board service on Enbase

. User agrees and understands that Enbase

is not responsible for the content of, and does not accept or endorse the views set forth in, any messages posted on EnbaseSolutions.com™. Enbase

does, however, reserve the right to delete, move or edit any messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws or otherwise unacceptable. User understands and agrees that User shall remain solely responsible for the content of any messages posted, distributed or otherwise published by you on EnbaseSolutions.com™.

10. External Links to Third Party Sites
EnbaseSolutions.com™ may provide links to sites owned, operated and/or controlled by third parties over whom Enbase

has no control (the "External Links"). Enbase encourages you to use discretion when browsing the Internet using our service or anyone else’s service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, Enbase

cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in third party sites. You hereby irrevocably waive any claim against Enbase

with respect to any third party sites. The External Links are provided to the User strictly as a convenience. The User alone is solely responsible for anything that occurs on or is related in any way to the access or use of an External Link or third party site.

11. Dealings With Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers or vendors found on or through the EnbaseSolutions.com™ website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser/vendor. You agree that Enbase

shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, or as the result of the presence of such advertisers on the EnbaseSolutions.com™ website.

12. Governing Law, Jurisdiction & Venue
All uses of this site, and all information contained herein, including, without limitation, any disputes arising under or related to this Agreement, shall be governed by and interpreted pursuant to the laws of the State of Texas and the United States of America. You further agree that jurisdiction and venue of any claims arising under or relating to this Agreement shall be exclusive in Harris County, Texas. You expressly agree to submit to jurisdiction and venue in Harris County, Texas, regardless of the location from which you access or use information or materials from this site. Accordingly, any claim or action arising under or relating to this Agreement may be brought only in Harris County, Texas, and the Parties agree to waive jurisdiction and venue in any other forum.

13. Software Export Controls
Users who choose to access this site from locations outside of the United States and Canada do so on their own initiative and are responsible for compliance with all local laws. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software at EnbaseSolutions.com™, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

14. Manufacturer’s Warranties
Some products and services sold on EnbaseSolutions.com™ may come with manufacturer’s warranties or guarantees. User acknowledges and agrees that Enbase

is not responsible for fulfilling any manufacturer’s warranties or guarantees, and that fulfillment of such warranties or guarantees is the sole responsibility and liability of the respective manufacturers.

15. INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ENBASE, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FROM AND AGAINST ALL LIABILITIES, DAMAGES, CLAIMS, CAUSES OF ACTION, COSTS, ATTORNEY’S FEES AND ALL OTHER COSTS AND EXPENSES, IN CONNECTION WITH, ARISING FROM OR RELATING TO, YOUR BREACH OF THIS AGREEMENT, ANY TORTIOUS CONDUCT PERFORMED BY OR ALLEGED AGAINST YOU AND ANY OTHER ACTION OR OMISSION RELATING TO YOUR USE OF THIS SITE. ENBASE MAY, AT ITS SOLE DISCRETION, CHOOSE TO PARTICIPATE IN THE DEFENSE OR ANY MATTER OR CLAIM OR NEGOTIATED SETTLEMENT. NO SETTLEMENT WHICH MAY HAVE THE POTENTIAL TO ADVERSELY AFFECT ENBASE’S RIGHTS IN ANY WAY SHALL BE ENTERED INTO WITHOUT ENBASE’S PRIOR WRITTEN APPROVAL.

16. LIMITATION OF LIABILITY
YOU AGREE THAT ENBASE, ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND/OR ASSIGNS, SHALL NOT BE LIABLE FOR ANY DAMAGES OR INDEMNITY, REGARDLESS OF THE NATURE OR CAUSE OF THE DAMAGES OR INDEMNITY, THAT ARISE FROM OR RELATE IN ANY WAY TO YOUR USE OF, OR ENBASESOLUTIONS.COM’S™ PROVISION OF THE CONTENT, INFORMATION OR OTHER MATERIAL EITHER CONTAINED IN THIS SITE, ANY ENBASESOLUTIONS.COM™ NEWSLETTERS OR IN ANY EXTERNALLY-LINKED THIRD PARTY SITE. WITHOUT LIMITING THE FOREGOING, ENBASE SHALL NOT BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM OR DAMAGE, INCLUDING LOSS OF TIME OR INJURY TO PERSON OR PROPERTY.

17. DISCLAIMER OF ALL OTHER WARRANTIES
WITH THE EXCEPTIONS OF THE MANUFACTURER’S WARRANTIES IDENTIFIED IN SECTION 14 ABOVE, ALL OTHER PRODUCTS, SERVICES, MATERIALS, INFORMATION AND OTHER CONTENT ON THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, IMAGES, VIDEO CLIPS, AUDIO CLIPS, PHOTOGRAPHS AND EXTERNAL LINKS, ARE PROVIDED ON AN "AS IS" BASIS. ENBASE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE, NEITHER EXPRESS NOR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, CONTENT, PRODUCTS OR SERVICES CONTAINED HEREIN. ENBASE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ALL TYPES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ENBASE SHALL NOT BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL AND CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM OR DAMAGE, INCLUDING LOSS OF TIME OR INJURY TO PERSON OR PROPERTY.

18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN SECTIONS 16 AND 17 ABOVE MAY NOT APPLY TO YOU.

19. Entire Agreement
You agree that this Agreement is the entire agreement between Enbase

and you. If any provision of this Agreement is declared unlawful, void or for any reason unenforceable, that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

 

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