Registration and Passwords
Some features of the Sites and Apps require you to register. If you choose to register, you must submit a valid email address and select a username and password during the registration process. You are responsible for safeguarding the password that you use to access any secure areas of the Sites and Apps. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorised such activities or actions. You will immediately notify enModus of any unauthorised use of your password. enModus reserves the right to refuse providing access to the Sites and Apps to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual.
You must be at least thirteen (13) years of age to use the Sites and Apps. If you are under thirteen (13) years of age, or at least thirteen (13) years of age but a minor where you live, you must have your parent or legal guardian accept your registration on your behalf and approve your use of the Service. Anyone completing the registration must be legally competent.
Use of Content
If you send any communications or materials to the Sites and Apps by electronic mail or otherwise, including any comments, data, questions or suggestions, such communications or materials are, and will be treated as, non-confidential and non-propriety. You will not claim that any use of such communications or materials by enModus violates your rights, including moral rights, privacy rights, proprietary or other property right. Any materials submitted by you to the Sites and Apps may be adapted, broadcast, changed, copied, disclosed, licensed, posted, published or sold by enModus. enModus may freely use, without compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send or feedback you provide to enModus.
You agree not to do any of the following while using the Sites and Apps:
· Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene or offensive; (v) promotes racism, hatred or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.
- Access, tamper with, or use non-public areas of the Sites, enModus’ computer systems, or the technical delivery systems of enModus’ providers;
- Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
- Attempt to access or search the Sites and Apps with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by enModus or other generally available third party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox);
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Sites and Apps; or
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Sites and Apps.
- Use the Sites and Apps in connection with life or safety critical systems, or other systems whose failure or malfunction may result in death or serious injury to people, loss or severe damage to equipment or environmental harm.
THE SITES AND APPS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ENMODUS EXPLICITLY DISCLAIMS ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ENMODUS MAKES NO WARRANTY THAT THE SITES AND APPS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ENMODUS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITES AND APPS OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITES AND APPS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ENMODUS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES AND APPS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITES AND APPS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ENMODUS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT ENMODUS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, ENMODUS WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITES OR THROUGH THE APPS.