Terms and Conditions of eNamix.com Site Use
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this “Site”). By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms, you may not use this Site.
Please note that although eNamix.com representatives do their best to ensure our Customer is informed of these Terms & Conditions, eNamix.com cannot guarantee and shall make no promise that any or all of the details contained in these Terms & Conditions are provided to Customer verbally by eNamix.com representatives. It is the Customer’s duty to read them.
1. AGREEMENT BETWEEN USER AND eNAMIX.COM
eNamix.com website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the eNamix.com Site constitutes your agreement to all such terms, conditions, and notices. This agreement is solely between Customer and eNamix.com and Customer shall not assign their rights to any third party or join in any suit naming eNamix.com, its officers, directors, shareholders, investors, officers, consultants, employees, or agents. Customer accepts that services from eNamix.com are on an “as is” basis. Customer also agrees that, by using this site, any claim against eNamix.com will be limited to the amount paid and collected by eNamix.com for its Service fee if any.
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2. MODIFICATION OF THESE TERMS OF USE
eNamix.com reserves the right to change the terms, conditions, and notices under which the eNamix.com Site is offered. You are responsible for regularly reviewing these Terms & Conditions.
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3. USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION
(1) Unless otherwise specified, the eNamix.com Site is for your personal and noncommercial use. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, or services obtained from the eNamix.com Site.
(2) You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of eNamix.com is strictly prohibited.
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4. COPYRIGHTS AND TRADEMARKS
(1) The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of eNamix.com. The collective work includes works that are licensed to eNamix.com. Copyright © 2013. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to eNamix.com, or other respective owners that have granted eNamix.com the right and license to use such Marks.
(2) Customer may not directly or indirectly enter into or engage in any violation or similar business in any capacity, for a period of (5) years after agreeing to these Terms & Conditions. Any breach of the covenants set forth herein shall cause irreparable harm to eNamix.com and as such, damages would be difficult to ascertain. Customer acknowledges and accepts that eNamix.com has the authority to seek equitable relief and the minimum damage to eNamix.com for such a breach would be one-hundred-thousand dollars.
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5. TERMS TERMINATION
These Terms & Conditions are applicable to you upon your accessing the Site and/or completing the registration or service process. These Terms & Conditions may be modified or terminated by eNamix.com without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, General, shall survive any termination.
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6. CLAIMS
Each claim or statement about the effectiveness of eNamix.com services and/or each claim or statement comparing the effectiveness of eNamix.com services to the effectiveness of other services is expressly limited to the United States, unless otherwise disclosed on the Site.
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7. DISCLAIMER
eNamix.com makes no warranties or representations about the accuracy or completeness of this Site. eNamix.com makes no warranty as to merchantability, nor does eNamix.com provide any implied warranty for merchantability of fitness for or to a particular purpose.
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8. LIMITATION OF LIABILITY
In no event shall eNamix.com be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential, damages or any damages whatsoever, even if eNamix.com has been previously advised of the possibility of such damages, whether in action under contract, negligence, or any other theory arising out of or in connection with the use, inability to use, or performance of the information, services, and materials available from this site. Although eNamix.com makes every attempt to ensure accuracy and effectiveness of documents or statements, eNamix.com cannot guarantee the outcome of any employment or employee placement.
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9. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless eNamix.com, its officers, directors, shareholders, investors, officers, consultants, employees, and agents from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms & Conditions.
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10. GENERAL
(1) eNamix.com may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
(2) Customer must be of legal capacity and have the legal authority to be bound by this Agreement.