Terms and Conditions of Use of the www.engistech.com website (“EnGIS Website”)
provided by EnGIS Technologies, Inc (“EnGIS”).
THIS DOCUMENT STATES THE TERMS AND CONDITIONS (THE "TERMS" OR THE "AGREEMENT") UNDER WHICH YOU MAY USE THE SITE WWW.ENGISTECH.COM (“EnGIS Website”). AS USED HEREIN, THE TERM "YOU" REFERS TO ANY PERSON, ENTITY, AND/OR ORGANIZATION GRANTED ACCESS TO ENGIS WEBSITE. PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING AND USING ENGIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS. IF YOU DO NOT ACCEPT ANY OF THE TERMS STATED HERE, DO NOT USE THE ENGIS WEBSITE. ENGIS MAY, AT ITS SOLE DISCRETION, MODIFY OR REVISE THESE TERMS AT ANY TIME BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH MODIFICATION OR REVISION AND SHOULD THEREFORE VISIT THIS PAGE PERIODICALLY TO REVIEW THE TERMS. SUCH UPDATED OR AMENDED TERMS SHALL BE EFFECTIVE UPON POSTING ON THIS WEBSITE.
Copyrights and Other Intellectual Property
EnGIS and the Gogo logo(s) are trademarks of EnGIS Technologies, Inc. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
The copyright in all Materials posted to EnGIS website is held by EnGIS or by the original creator of the Materials. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of EnGIS or the copyright owner. The use of the software or any part of the service, except for use of the service as permitted in these terms of service, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
If you breach any of the Terms, your authorization to use this Website automatically terminates and you must immediately destroy any downloaded or printed materials.
No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, EnGIS may provide links to certain third-party Web sites. You acknowledge and agree that EnGIS is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. EnGIS does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that EnGIS is not in any way responsible for any such use by you.
Information Posted on the Site
Except as expressly requested in a site, you should not provide to EnGIS any information that you do not want published on a site or presented to other users of a site. Any material, information or other communication you provide, send, upload, submit, transmit or post to the EnGIS website will be considered non-confidential and non-proprietary. To the extent that you provide to EnGIS any information by posting it on the site or submitting to us any information for posting on the site (including graphic materials, text, audio, video, drawing, or any other materials):
(1) You represent and warrant to EnGIS, and to all others that access the EnGIS Website site, that you own, or otherwise possess sufficient rights in, all such information and all such parties may regard such information as publicly disclosable and non confidential;
(2) You grant to EnGIS an exclusive, irrevocable, worldwide, fully-paid, royalty-free license to use, reproduce, publicly perform, display, prepare derivative works from, transmit and distribute such information as we deem fit;
(3) You grant to EnGIS the right to sue or to otherwise enforce all intellectual property rights in such materials [including the right to sue for past infringement] including, without limitation any user of a site or other person who copies, replicates, duplicates, or windows any such materials; and
(4) EnGIS is free to use any ideas, concepts, designs or know-how contained in such information without any compensation or remuneration to you.
Disclaimer of Warranties and Liability Limitations
a. EnGIS does not guarantee, represent, or warrant that your use of the service will be uninterrupted or error-free, and you agree that from time to time EnGIS may remove the service for indefinite periods of time, or cancel the service at any time, without notice to you.
b. you expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by EnGIS) provided "as is" and "as available" for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.
c. in no case shall EnGIS, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the services or for any other claim related in any way to your use of the services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, EnGIS’ liability shall be limited to the extent permitted by law.
d. EnGIS shall use reasonable efforts to protect information submitted by you in connection with the services, but you acknowledge and agree that your submission of such information is at your sole risk, and EnGIS hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
e. EnGIS does not represent or guarantee that the service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and EnGIS disclaims any liability relating thereto. Products can only be downloaded once; after being downloaded, they cannot be replaced if lost for any reason. You shall be responsible for backing up your own system, including any products purchased from EnGIS website that are stored in your system.
The laws of the State of California, excluding its conflicts of law rules, govern these Terms and Conditions and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with EnGIS or relating in any way to your use of the Service resides in the courts of the State of California.
We may terminate, change, suspend, or discontinue any aspect of the EnGIS website, including the availability of any features in any part of EnGIS website, at any time. We may also impose limits on certain features and services or restrict your access to parts, or one or more entire sites within the EnGIS website without notice or liability. We may terminate the authorization, rights, and license given above and, upon such termination, you will immediately destroy all materials that you obtained from or through the site and that are in your possession or control.