Terms of service

1. Acceptance of Terms of Service

Your use of Enclude.com (“Enclude”) is governed by these terms of service. By accessing or using our web site you (the "User") signify that you have read, understand and agree to be bound by these Terms of Service (“TOS”) which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.enclude.com/terms_of_service

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

2. Membership and Password

You understand and agree that you are responsible for maintaining the security and confidentiality of the password used with your account and you are fully responsible for any and all activities that occur with your account and password.

3. Content License

You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, Enclude. By contributing, submitting, posting or displaying the content you give Enclude a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly display and distribute any Content which you submit, post or display on or through, Enclude. This license is granted by you to enable Enclude to provide and promote its services. You understand and agree that this license also includes a right for Enclude to make this Content available to other companies or third parties for these purposes. Furthermore, you confirm and warrant that you have all the authority, power, and rights to grant this license.

4. EXCLUSION OF WARRENTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

ENCLUDE, ITS SUBSIDIARIES AND AFFILIATES, EMPLOYEES, AGENTS, OFFICERS AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF ENCLUDE WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF ENCLUDE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ENCLUDE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ENCLUDE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ENCLUDE OR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

ENCLUDE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

5. LIMITATION OF LIABILITY

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT ENCLUDE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ENCLUDE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ENCLUDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

6. General Terms

This Terms of Service constitutes the entire agreement between you and Enclude and governs your use of the Service, superseding any prior agreements between you and Enclude.

This Terms of Service and the relationship between you and Enclude shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Enclude agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.

The failure of Enclude to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.