These terms and conditions, (the “Terms”), are a binding legal contract between Enabled Enterprises LLC, its affiliates, licensors, and subsidiaries (collectively, “Enabled Enterprises”), and the individual or legal entity who directly or indirectly accesses, uses, and/or purchases the Services (as defined herein) (collectively, “You” or “Your”). By accessing, using and/or purchasing the Services, You represent that You have the authority to enter into and agree to these Terms. If You do so on behalf of a legal entity, You represent and warrant that You have the authority to accept these Terms on behalf of that legal entity, and You represent and warrant that all users of the Services at such legal entity shall comply with these Terms. Your continued access to, use and/or purchase of the Services following modification to the Services or these Terms constitutes Your agreement to be bound by these Terms, as modified. If You do not agree to be bound by these Terms, You may not access, use and/or purchase the Services. You acknowledge and agree that You are accepting these Terms on behalf of all persons who access, use and/or purchase the Services and that You shall have sole and exclusive responsibility for ensuring that all users understand and comply with these Terms.
Enabled Enterprises LLC and its affiliates (“Enable Enterprises”) provide access to a variety of technical and commercial resources (“Materials”) through this website (“Site”), subject to the following terms and conditions. Enabled Enterprises reserves the right to revise these terms, conditions, and the Materials from time to time as Enabled Enterprises sees fit, without any notice. Users who violate these terms and conditions will have their access cancelled and may be permanently banned from using the Site or any services provided by Enabled Enterprises. Users should check these terms and conditions periodically. By using the Site after we post changes to these terms and conditions, you agree to accept those changes, whether or not you have actually reviewed them.
You must create an account, and provide accurate contact and other personal information, that is protected by a username and password (Your “Account”). You agree to provide Enabled Enterprises with accurate and complete Account information. You agree to keep Your password, Your software and/or encryption keys, if applicable, and Your Account details secret, and not share them with anyone else, in order to prevent unauthorized access to Your Account. If Your contact information or other Account information changes, You must update Your Account details promptly. After You create an Account, the Services can begin to upload, download, and access content and materials for which You have a legal right to copy, publish, share, store or otherwise use (Your “User Data”).
If You purchase the Services through a legal entity such as Your business, or through an authorized partner, You acknowledge and agree that other users may have been designated to access, control, and manage Your Account and Your User Data. Enabled Enterprises takes Your right to privacy and the security of Your Account and User Data seriously. You, not Enabled Enterprises, are solely responsible for Your Account and User Data. Enabled Enterprises is not liable for any loss or damage arising from any unauthorized access to, sharing or use of, Your Account, software and/or encryption keys and User Data. In no event will Enabled Enterprises be liable for any loss of User Data or other claims to the extent arising out of unauthorized access to Your Account by obtaining Your password, software and/or encryption keys. You must notify firstname.lastname@example.org immediately if You believe there has been unauthorized access to Your Account, software and/or encryption keys or Your User Data.
These Terms govern all of Enabled Enterprises’ offerings and features, and any components that support the functionality of the services, including all Documentation (together, the “Services”). Documentation is defined as Enabled Enterprises’ websites (“the “Website”), an invoice, order form, or other similar document, the customer support knowledgebase and any FAQs, all current information that exists in customer and partner portals, and all other collateral provided by Enabled Enterprises from time to time.
Free Services. Enabled Enterprises may offer free Services, including free trials of the Services (“Free Services”). Free Services require an active Account and may be subject to certain time and/or usage limits, which are explained in the Documentation for each Free Service. You acknowledge and agree that (i) the Free Services may not meet Your requirements or perform as intended; (iii) use of the Free Services may not be uninterrupted, error-free, free of faults; (iv) Your use of the Free Service is for the sole purpose of evaluating and testing and providing feedback to Enabled Enterprises; (v) You shall at no time store more than the amount of data as provided for in the Documentation, and any such stored data shall not be sensitive in nature, including, but not limited to, personally identifiable information, financial or other protected records; (vi) You shall inform Your employees, temporary workers, consultants, subcontractors and agents of the nature of the limitations on use of the Free Services and its obligations hereunder; and (vii) the evaluation and testing shall be performed only in a non-production environment. Free Services associated with Your Account that remain inactive for a period of thirty (30) calendar days will be removed and Your User Data deleted. Enabled Enterprises may discontinue Free Services at any time and from time-to-time, at which point Your access to the Free Services will end and any User Data will be deleted.
Subscription Services. If You purchase software-as-a-service and/or hardware-as-a-service subscriptions from Enabled Enterprises, You consent to Enabled Enterprises’ and its third-party storage providers’ ability to access, copy and store Your User Data. Following acceptance of an applicable order, Enabled Enterprises will provide You with access to download software, software key(s), if applicable, and any components that support the functionality of the Services. You may request, and Enabled Enterprises may offer an expedited manual service to pre-load and/or restore Your User Data, which shall be subject to additional terms and conditions.
TERM, AUTOMATIC RENEWAL AND CANCELLATION
To obtain Services from Enabled Enterprises, You may be required to sign and approve or submit an invoice, order form, or other similar document, which incorporates these Terms by reference. By purchasing the Services, You authorize Enabled Enterprises or an authorized partner to invoice You or charge Your credit card, and You agree to pay all fees in connection with the Services. The prices for renewals may be different than those paid for an initial purchase. You are responsible for, and Enabled Enterprises may perform at any time, an audit in order to true up Your actual storage/capacity usage. You agree that additional storage increments/capacity (i.e., GB) will be automatically added to Your Account if Your use of certain Services exceeds Your committed quantities as stated in your invoice, order form or other similar document, and You will be automatically charged, and you agree to pay, any and all such overages. Incomplete or incorrect Account information, or failure to pay fees when due, will result in inactivation of Your Account, the cancellation of Your subscription and deletion of Your User Data.
All fees are exclusive of any sales, value-added, foreign withholding or other government taxes, duties, fees, excises, or tariffs imposed on the production, storage, licensing, sale, transportation, import, export or use of the Services or performance of any services (collectively, “Taxes”). You are responsible for and, if applicable, will reimburse Enabled Enterprises within thirty (30) days of a request for all such Taxes and any related penalties, except for taxes imposed on Enabled Enterprises net income.
You may cancel any Service for a full refund within the first thirty (30) days of delivery by notifying Enabled Enterprises at email@example.com or firstname.lastname@example.org . After such time, if You choose to cancel, fees already paid will not be refunded to You. Your access to, use and/or purchase of the Services will automatically terminate or expire, and Your Account and access to Your User Data will be deleted upon (i) non-renewal, cancellation, or expiration of Your Services or failure to pay fees when due, if applicable, (ii) Enabled Enterprises discontinuation of the Services, or (iii) failure to comply with these Terms. You acknowledge and agree that after any non-renewal, cancellation, or expiration of Your Services: (i) all licenses granted hereunder (if any) will immediately terminate and You shall immediately cease all use of the related Services (except hardware purchased and paid for by You); (ii) You shall remove all copies (or permit Enabled Enterprises to remove all copies, if applicable) of the Services from Your computer systems; (iii) You remain responsible for and shall immediately pay in full all outstanding payments to Enabled Enterprises; and (iv) it is Enabled Enterprises’ policy to automatically and irretrievably delete all User Data protected by Your Account that is stored on Enabled Enterprises’ servers or with Enabled Enterprises’ third-party cloud storage providers and Enabled Enterprises shall have no liability to You for such action.
Unless otherwise specified, the Materials are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Materials.
Enabled Enterprises uses a technology called “cookies” to provide you with personalized information. A cookie is an element of data that our Site can send to your browser, which may then be stored on your hard drive so we can recognize you when you return. We will not store passwords or any personally identifying information in our cookies, nor will we read cookies created by other web sites. All pages on our Site where you are prompted to sign on or that are customizable require that you accept cookies. These cookies will let us know who you are and are necessary to access your account information (stored on our computers) in order to deliver products and personalized services. You may set your Web browser to notify you when you receive a cookie. However, should you decide not to accept cookies from us, you will limit the functionality we can provide when you visit our Site.
TRADEMARKS, COPYRIGHTS & RESTRICTIONS
This Site and all materials on the Site, including, but not limited to, trademarks, logos, designs, trade dress, and other designations used in connection with Enabled Enterprises’ products and services (the “Materials”) are the property of Enabled Enterprises and its licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by Enabled Enterprises and by copyright law, trademark law, international conventions, and other intellectual property laws. You may download or make a copy of the Materials provided you agree to comply with the Enabled Enterprises Trademark and Logo Usage Requirements. You may not remove or alter any Enabled Enterprises Trademarks, or co-brand your own products or material with Enabled Enterprises Trademarks, without Enabled Enterprises’ prior written consent. You acknowledge Enabled Enterprises rights in Enabled Enterprises Trademarks and agree that any use of Enabled Enterprises Trademarks by you shall inure to Enabled Enterprises sole benefit. You agree not to incorporate any Enabled Enterprises Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer software, computer or Internet-related products, services or technologies.
Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any information displayed on this Site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Enabled Enterprises or such third party that may own the trademark or copyright of information displayed on this Site.
The Enabled Enterprises Site provides links to external sites as a convenience to the user. The inclusion of any link does not imply our endorsement of any other company, its site, or the products and services it sells. Enabled Enterprises is not responsible for the privacy practices or the content of any other Web site. In addition, it is not intended that Enabled Enterprises transmits your personal information to third parties, such as the vendors and suppliers of goods and services. Enabled Enterprises cannot control, and is not responsible for, the actions of third parties to whom your personal and commercial information may be transmitted. If any such third party misuses, misappropriates, or publishes your personal or commercial information, Enabled Enterprises is not responsible and does not accept any liability. If notified by you, as our sole obligation and your sole recourse, Enabled Enterprises will take reasonable commercial measures within our control to mitigate the problem and minimize the probability of its recurrence.
Please contact Enabled Enterprises for prior permission if you wish to create a hypertext link to any page on this Site. If you create a link to the Site, you remain fully responsible for any consequences of that link, whether direct or indirect, and you will protect Enabled Enterprises against all loss, damage, liability, costs, or expense arising from or in connection with the link.
INFORMATION SUBMITTED TO ENABLED ENTERPRISES
While Enabled Enterprises does not routinely monitor information, we reserve the right to monitor, restrict access to, edit, or remove any information that is available via the Site.
The software and software documentation available for download from this Site are copyrighted works of Acronis, Inc. The use of the software is governed by the terms and conditions of the end user license agreement, which accompanies the software. You may not use, download, or install the software unless you have agreed to the terms and conditions of the end user license agreement. The current Acronis end user license agreement may be found here.
DISCLAIMERS AND INDEMNITY
By using the Site and/or posting Materials, you agree to indemnify Enabled Enterprises, its officers, directors, employees, successors, agents, distributors, and affiliates for any and all claims, damages, losses, and causes of action (including attorneys’ fees) arising out of or relating to your breach or alleged breach of this agreement (including without limitation, claims made by third parties for infringement of intellectual property rights), or for any content that is provided by you (or through your user I.D. and/or password). You agree to cooperate as fully as reasonably required in the defence of any claim. Enabled Enterprises reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING THE INFORMATION, SERVICES, AND CONTENT IS PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. ENABLED ENTERPRISES DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ENABLED ENTERPRISES MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE.
ENABLED ENTERPRISES MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE SITE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you. This Disclaimer applies to all content, merchandise and services available through this site.
LIMITATION OF LIABILITY
NEITHER ENABLED ENTERPRISES, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE ARE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE, EVEN IF ENABLED ENTERPRISES (OR ANY THIRD PARTY POSTING INFORMATION ON THIS SITE) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ENABLED ENTERPRISES’ TOTAL LIABILITY (OR THE TOTAL LIABILITY OF ANY THIRD PARTY PROVIDING INFORMATION ON THIS SITE) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US$1.00).
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
Enabled Enterprises may, in its sole discretion, terminate or suspend your access to all or part of the Site, including, but not limited to, any message boards on the Site, for any reason, including without limitation, breach of this Agreement. In the event this Agreement is terminated, the restrictions regarding Materials appearing on the Site, and the representations and warranties, indemnities and limitations of liabilities set forth in this Agreement will survive termination. In the event that you are unsatisfied with the services provided by Enabled Enterprises, your sole remedy is to terminate this Agreement.
GOVERNING LAW AND JURISDICTION
Enabled Enterprises operates the Site from its offices within the United States. Enabled Enterprises makes no representations that content and materials on the Site are legal or appropriate for use from outside the United States. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Site in violation of U.S. export laws and regulations.
This Agreement will be governed by and construed in accordance with the laws of the state of California, as it is applied to agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna on April 11, 1980. Any action brought to enforce this Agreement or matters related to the Site will be brought in either the State or Federal Courts of the state of California; provided, however, that notwithstanding anything contained in this Agreement to the contrary, Enabled Enterprises shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce Enabled Enterprises’ rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises. If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remaining provisions of this Agreement will remain in force. This Agreement constitutes the entire agreement between you and Enabled Enterprises concerning your use of the Site, and the Agreement will not be modified, except in writing, signed by both parties.