READ THIS TERMS OF USE AGREEMENT BEFORE ACCESSING OUR WEBSITE.
This Terms Of Use Agreement (hereafter "Terms") was last updated on August 31, 2009.
These Terms set forth, among other things, the standards of use of this domain, which Website is owned by Enet Advertising, LLC (hereafter "Enet"). All reference to Enet in these Terms shall include directors, officers, employees, independent contractors, consultants, shareholders and agents of Enet. All reference to "Enet Website" and all reference to "this Website" shall include all other websites/pages related to Enet. By continuing to stay on this Website, irrespective whether there is any use by you of any service requests by you, you acknowledge that you agree to these Terms. The use of the word "we" and the use of the word "our" when used herein, means Enet. We reserve the right, at any time, to modify, alter or update these Terms without prior notice. Modifications shall become effective immediately upon being posted at this Website. Your continued viewing and use of this Website after amendments are posted constitutes an acknowledgement and acceptance of these Terms and its modifications.
1. When you enter the information requested, we will send your information to up to four (4) service providers (hereinafter "Provider" or "Providers") in your geographic locale so that they may respond to you and compete among themselves for your business. By providing this information to us, you expressly consent to being contacted by us and/or by Providers by telephone, email or other reasonable means, at any of your contact numbers or addresses that you provided, even if you are listed on any federal, state or other applicable "Do Not Call" list. Of course, you are under no obligation to hire or engage any Provider who contacts you.
2. You understand and agree that no endorsement or guarantee is given by Enet to you regarding (A) the quality of workmanship of any Provider for any job he/she performs for you; and/or (B) the cost of any job that any Provider performs for you and/or (C) the content on any Provider’s website. You further understand and agree that it is solely your responsibility to enter into arrangements (such arrangements, for your protection, should be in writing) with a Provider.
3. You understand and agree that no Provider is an employee or agent of Enet nor is Enet an employee or agent of any Provider. All dealings you may have with a Provider are solely between you and the Provider. Your rights under arrangements you enter into with a Provider are governed by the terms of such arrangements. Should you have a dispute with any Provider, you must resolve such dispute with the Provider directly.
4. YOU HEREBY AGREE TO RELEASE ENET (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, CONSULTANTS AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DEALINGS WITH ENET AND/OR PROVIDERS.
5. THIS WEBSITE AND SERVICES AND PRODUCTS OBTAINED THROUGH THIS WEBSITE ARE PROVIDED BY ENET ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ENET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE INFORMATION, USE, RESULTS AND/OR PRODUCTS AND/OR SERVICES PROVIDED THROUGH THIS WEBSITE AND/OR OBTAINED THROUGH THIS WEBSITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU AGREE THAT ENET SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF ENET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THESE TERMS OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME JURISDICTIONS DO NOT ALLOW LIMITATION ON OR THE EXCLUSION OF IMPLIED WARRANTIES, INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE IN SUCH JURISDICTIONS THE ABOVE REFERENCED EXCLUSIONS ARE INAPPLICABLE. THE INFORMATION PUBLISHED ON THE ENET WEBSITE MIGHT INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
6. The links in the Enet Website allows you to leave Enet’s Website but the linked sites (such as Providers’ websites) are not under the control of Enet. Therefore, Enet is not responsible for the accuracy of the contents contained in any externally linked websites. The listing of any external website does not imply an endorsement by Enet of such linked site nor an endorsement by Enet of any link contained in a linked site.
7. You understand and agree that Enet does not represent that (A) any Provider has any required licensing, academic background, expertise or training; nor does Enet represent that (B) any Provider has any insurance coverage; nor does Enet represent that (C) it has conducted a search for issues involving criminal matters and or financial responsibility involving any Provider. Enet recommends that you confirm these issues with the Provider and applicable authorities before you have Provider begin work for you
8. Enet permits you to link to Providers’ websites where Providers post information about themselves and their business. Any representations set forth on Providers’ websites are solely provided by the Provider and Enet disclaims any responsibility for the accuracy of such information.
9. YOU AGREE TO INDEMNIFY ENET, AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CO-BRANDERS, INDEPENDENT CONTRACTORS, SHAREHOLDERS, CONSULTANTS AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF PROVIDERS’ PRODUCTS AND/OR SERVICES AND ENET’S SERVICES OR IN CONNECTION WITH THE ENET WEB SITE.
10. Enet reserves the right to modify or discontinue the service with or without notice to you. Enet shall not be liable to you or any third party should Enet exercise its right to modify or discontinue the service. You acknowledge and accept that Enet does not guarantee continuous, uninterrupted or secure access to Enet’s website and operation of Enet’s website may be interfered with or adversely affected by numerous factors or circumstances outside of Enet's control.
11. All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is the property of Enet, with all rights reserved and such property is protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Enet is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Enet.
12. Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Enet designates Ronald Shur as its agent for receipt of notifications of claimed copyright infringement. By Mail: 331 West Boot Road, West Chester, PA 19380; By Telephone: (610) 738-0800; By Email: rshur@Enetez.com
13. Enet retains the right, at its sole discretion, to terminate the use of its websites by any person and/or entity involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Enet reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
14. If any provision of these Terms shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree you are consenting to the use and disclosure of your personally identifiable information. You agree that these Terms and any other agreements referenced herein may be assigned by Enet, in its sole discretion, to a third party in the event of a merger or acquisition.
15. You understand and agree that all claims or controversies between you and Enet, and its affiliates, directors, officers, shareholders, employees, independent contractors, consultants, subsidiaries or related companies, including but not limited to tort and contract claims, and claims based upon any federal, state or local statute, law or regulation, shall be resolved by final and binding arbitration in Chester County, Pennsylvania, at a location within Chester County, Pennsylvania determined by the arbitrator. Any laws and/or regulations applied by the arbitrator shall be those of the Commonwealth of Pennsylvania. Judgment upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof. You agree not to join or consolidate claims in arbitration by or against other consumers or arbitrate any claim as a representative or member of a class or in a private attorney general capacity. You voluntarily and knowingly waive any right you have to any court trial.