Please refer to the additional Terms of Service for Enomaly ECP Service Provider Edition or Enomaly ECP Spotcloud Edition if you are using one of these platforms.
1. Acceptance of Agreement
In consideration of your use of the Services, 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 your jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration forms (such information being the "Client Data") and (b) maintain and promptly update the Client Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Enomaly Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Enomaly Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
2. Description of Services
The Site and affiliated webpages owned by Enomaly Inc. provide users with information concerning Enomaly Inc.’s products and services. Enomaly Inc. provides products and services in the field of open source technology and cloud computing, including without limitation software products and consulting services regarding elastic computing environments, and support for those using the products and services (“Services”).
3. Modifications to Services
4. Products, Prices and Payments
Enomaly Inc. reserves the right, in its sole discretion, to make any necessary updates, modifications and adjustments at any time to the product descriptions, warranties, and prices; without prior notice. Payments, net of Enomaly Inc.'s retained percentage, will be remitted to Sellers monthly in arrears. Furthermore, Enomaly Inc. endeavours to provide content on the Site and affiliated sites that is current and accurate. Nevertheless, errors and misprints may occur. Accordingly, we reserve the right to reject, correct, cancel or terminate any order for goods or services for which the price was incorrectly displayed or where we otherwise displayed erroneous or inaccurate information. Enomaly Inc. reserves this right at any stage of order processing, including after an order has been submitted. Enomaly Inc. is not obligated to sell products or services based on errors or misprints on our website.
6. Authorized use of Materials on Website
All information and material and content published or accessible through the Site is protected by copyright, trademark and other proprietary rights and laws. All such website content (“Content”) is copyright of Enomaly, Inc. except where indicated otherwise. All source code is owned by Enomaly, Inc. except where expressly indicated otherwise, and may not be used or copied without permission. Some of the code available on the Site is subject to the terms and conditions of an open source license (“Open Source”). In addition to any terms of any open source license, you acknowledge and agree that your use, modification or copying of any Open Source code is entirely at your own risk. Enomaly shall not be liable for any damages or costs associated with your use of Open Source code. Certain names, words, titles, phrases, logos, icons, graphics, designs or other content on the Site are trade names or trade-marks owned by Enomaly Inc. or third parties, including without limitation enomaly, Enomalism, ElasticDrive, VMcast, and enomalyserver, and may not be used without permission. You may not modify, copy, distribute, transmit, display, perform, reproduce or use for commercial purposes any information or services obtained from the Site without proper authority from Enomaly Inc., except as expressly stated above.
7. Links to Third Parties
Links to third-party websites from the Site are meant for convenience only. Enomaly Inc. does not review or control these third-party websites and is not responsible for any third-party websites or the content of those sites. Inclusion of any linked website does not imply approval or endorsement of the linked website by us. Linking to any other site is at your own sole risk and Enomaly Inc. will not be responsible or liable for any damages associated with linking.
ENOMALY INC. AND ITS EMPLOYEES, AGENTS, AFFILIATES, PARTNERS AND SUPPLIERS PROVIDE ALL CONTENT AND SERVICES AVAILABLE THROUGH THE WWW.ENOMALY.COM WEBSITE AND ITS AFFILIATES WEBSITES “AS IS”, WITHOUT WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ENOMALY INC. MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE OF THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITE, THE SERVICES, OR OF ANY CONTENT THE SITE. THE WEBSITE, THE CONTENT, AND THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES REGARDING THE WEBSITE, THE CONTENT, AND THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY ENOMALY INC.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL ENOMALY INC. NOR ANY OF ITS PARTNERS, ASSOCIATES, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER SITE USER OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR OTHER ECONOMIC LOSS, OR FOR ANY DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF THE POSTING OR NON-POSTING OF DOCUMENTS AND INFORMATION, THE DESIGN, FUNCTIONALITY OR USE OF THE WEBSITE, THE CONTENT AND/OR THE SERVICES, THE RELIANCE ON ANY STATEMENT OR ADVICE FROM ANY OTHER USER OF THE WEBSITE, OR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR ANY PART THEREOF OR TO ANY DOCUMENTS AND INFORMATION, OR OUT OF ANY BREACH OF ANY WARRANTY, EXPRESS OR IMPLIED. FURTHERMORE, IF YOUR SALE OR USE OF ANY CONTENT OR SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
11. Severability of Clauses
12. Entire Agreement
The Terms, and any application Additional Terms or other terms herein incorporated by reference, constitute the entire agreement between you and Enomaly Inc. and govern your use of the Site, Content and the Services, superseding any prior agreement, whether oral or written. You shall be subject to additional terms and conditions that may apply when you use or purchase certain Enomaly Inc. services, affiliate services, third-party content or third-party software
The failure of Enomaly Inc. to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
This Agreement is not transferable by you in any way and may not be assigned to any third party without our written consent. We may transfer this agreement to a third party without notice to you.
15. No Third Party Rights
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
16. Forum Choice