ENTALEX TERMS OF SERVICE
This Agreement describes the terms governing your use of the Entalex online services
provided to you on this website regardless of the manner or method in which you access or use the
website located at www.entalex.com, including installing, accessing, entering, viewing, visiting,
registering, updating, or otherwise using or receiving information and data (collectively, the "Services"). It
includes by reference:
- The terms of service and policies of Amazon Web Services, Stripe, Mixpanel, Google Analytics, and Pusher.
- Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.
YOUR RIGHTS TO USE THE SERVICES.
- The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Entalex. Entalex reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Entalex grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
- You agree not to use, nor permit any third party to use, the Services or content in a manner that
violates any applicable law, regulation or this Agreement. You agree you will not:
- Provide access to or give any part of the Services to any third party.
- Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
- Make the Services available on any file-sharing or application hosting service.
For Services offered on a payment or subscription basis, the following terms apply, unless
Entalex or its third party affiliate notifies you otherwise in writing. This Agreement also incorporates by
reference and includes program ordering and payment terms provided to you on the website for the
- Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
- You must pay with one of the following:
- A valid credit card acceptable to Entalex;
- A valid debit card acceptable to Entalex;
- Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
- By another payment option Entalex provides to you in writing.
- If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
- If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
- Entalex will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services are cancelled or terminated under this Agreement.
- Additional cancellation or renewal terms may be provided to you on the website for the Services.
USE WITH YOUR MOBILE DEVICE.
Use of these Services may be available through a compatible
mobile device, Internet access and may require software. You agree that you are solely responsible for
these requirements, including any applicable changes, updates and fees as well as the terms of your
agreement with your mobile device and telecommunications provider.
ENTALEX MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
- THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
- ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
- ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
- You are responsible for your content. You are responsible for all materials ("Content") uploaded,
posted or stored through your use of the Services. You grant Entalex a worldwide, royalty-free, non-
exclusive license to host and use any Content provided through your use of the Services. Archive your
Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all
required and appropriate warnings, information and disclosures. Entalex is not responsible for the
Content or data you submit through the Services.
You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
- Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, racist, "spamming", or otherwise inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, "doxing" others (e.g., revealing another's private information), or criminal or civil liability under any local, state, federal or foreign law;
- Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy;
- Except as permitted by Entalex in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- Virus, trojan horse, worm or other disruptive or harmful software or data; and
- Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner;
- Assist in any violation of this Agreement or any law, national or international, or regulation;
- Misrepresent, impersonate, or falsify your identity or affiliation with any person or entity;
- Use someone else's account, register for someone else (unless a parent or legal guardian), or register multiple accounts within one user type;
- Disrupt, interfere, or damage Entalex's website, servers, network, platform, or Services;
- use, reproduce, modify, distribute, resell or otherwise exploit the Services or any portion thereof, including any content, for any commercial purpose or any other purpose not expressly permitted by this Agreement; or
- advocate, encourage, or assist any third party in doing any of the above.
- Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Entalex does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Entalex is not responsible.
- Entalex may freely use feedback you provide. You agree that Entalex may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Entalex a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Entalex in any way.
- Entalex may monitor your Content. Entalex may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect Entalex or its customers, or operate the Services properly. Entalex, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
- You are responsible for your content. You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Services. You grant Entalex a worldwide, royalty-free, non- exclusive license to host and use any Content provided through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Entalex is not responsible for the Content or data you submit through the Services.
- Entalex does not give professional advice. Unless specifically included with the Services, Entalex is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
- We may tell you about other Entalex services. You may be offered other services, products, or promotions by Entalex ("Entalex Services"). Additional terms and conditions and fees may apply. With some Entalex Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Entalex permission to use information about your business and experience to help us to provide the Entalex Services to you and to enhance the Services. You grant Entalex permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant Entalex permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
- Communications. Entalex may be required by law to send you communications about the Services or Third Party Products. You agree that Entalex may send these communications to you via email or by posting them on our websites
- You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact Entalex if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
- Telephone Numbers. You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that Entalex may use your telephone number for "multi-factor authentication" ("MFA"), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve Entalex sending text messages containing security codes to your telephone number. You agree to receive these texts from Entalex containing security codes as part of the MFA process. In addition, you agree that Entalex may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services.
- Minors and Eligibility to Use. Eligibility to Use the Fotition Platform. Entalex and its Services may not be used by anyone under the age of 13 years old. Minors between the ages of 13 and 17 may not Entalex's Service (including any aspect of the website) nor register for any account with Entalex without the authorization of their parent(s) or legal guardians(s). By using Entalex's Services, you represent and warrant that you (a) are of legal age to form a binding contract, (b) are an emancipated minor, or (c) possess legal consent of your parent(s) or legal guardian(s). Additionally, you further represent that you are fully willing, able, and competent to enter into and comply with this Agreement with Entalex. Entalex makes no representation that the Services are appropriate or available for use in any particular location. If you use Entalex's Services, you do so on your own initiative, and are responsible for compliance with all applicable laws including local rules regarding online conduct and acceptable content
DISCLAIMER OF WARRANTIES.
- YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENTALEX, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,"SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. ENTALEX AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
- ENTALEX, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
LIMITATION OF LIABILITY AND INDEMNITY.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE ENTIRE LIABILITY OF ENTALEX, ITS AFFILIATES AND SUPPLIERS FOR
ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID
FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO
APPLICABLE LAW, ENTALEX, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF
THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET,
ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA,
VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF
SOFTWARE OR HARDWARE THAT DOES NOT MEET ENTALEX SYSTEMS REQUIREMENTS. THE
ABOVE LIMITATIONS APPLY EVEN IF ENTALEX AND ITS AFFILIATES AND SUPPLIERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE
ENTIRE LIABILITY OF ENTALEX, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH
RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold Entalex and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). Entalex reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Entalex in the defense of any Claims.
- CHANGES. We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.
- TERMINATION. Entalex may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services effective immediately, in whole or in part, for suspicion of fraud, security, illegal activity or unauthorized access issues to protect the integrity of our Services or systems and comply with applicable Entalex policy, or if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination, you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Entalex's rights to any payments due to it. Entalex may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.
- EXPORT RESTRICTIONS. You acknowledge that the Services, including the mobile application, delivered by Entalex are subject to restrictions under applicable US and International export control laws, including US and International trade embargoes and sanctions and security requirements, and applicable country or local laws to the extent compatible with US and International laws. You agree that you will comply with these laws and regulations and will not export, re-export, import or otherwise make available products and/or technical data in violation of these laws, directly or indirectly.
- GOVERNING LAW. Nevada state law governs this Agreement without regard to its conflicts of laws provisions.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS
AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except
that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs
the interpretation and enforcement of this provision; the arbitrator shall apply Nevada law to all other
matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek
injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE
THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU
AGREE THAT YOU AND ENTALEX ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE
RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE
IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE
EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Entalex LLC, in care of our registered agent Northwest Registered Agent, LLC, 401 Ryland Street STE 200-A, Reno, NV 89502, USA. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA's rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules, but if you are financially unable to pay any of them (which must be proven), Entalex will pay them for you. Entalex will not seek its attorneys' fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. The arbitration must be conducted in Las Vegas, Nevada, but you may choose to attend electronically or via telephone, or have the arbitration based on written submissions. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 14 shall survive expiration, termination or rescission of this Agreement.
- AGREEMENT. This Agreement describes the terms governing your use of the Entalex online services provided to you on this website regardless of the manner or method in which you access or use the website located at www.entalex.com, including installing, accessing, entering, viewing, visiting, registering, updating, or otherwise using or receiving information and data (collectively, the "Services"). It includes by reference: