Page 2—General Terms
General Terms and Conditions [Revised 08-28-2010]
Scope of General Terms: The Enfront marketing Suite consists of “DataManager,”, “Messages” and “Email” as defined in the website www.Enfront.com. Branding may vary but will be associated with these three applications and this agreement applies to the three applications and any and all brand names operating via this Suite. The Enfront marketing System includes third party marketing service providers, “Resource Partners,” invited to present their capabilities to Participants.
These General Terms apply to every category of Participant listed on Page 1.
Purpose and Prohibition: The Enfront suite is intended to support constructive communication that aids the legitimate objectives of system Users. The Suite may not be used in the advancement of any illegal endeavor; and all Participants are expected to operate within relevant state and federal law including laws of commerce, taxation, trademark, copyright, and suitability of content.
The Suite cannot be used for communication that Enfront, in its sole, unilateral judgment, determines to be hostile, intimidating, harassing, discriminatory, profane, indecent, or immoral. Nor may the Suite be used for personal communication that might reasonably harm the stability or well being of the recipient; e.g. discussion related to health, relationships, or behavior.
The parties agree that Enfront is not able to individually examine all communication distributed by the system, and the failure to declare any previous communication as unacceptable does not diminish Enfront’s subsequent right to so declare, and to refuse to distribute said unacceptable communication, to remove offending content, and to terminate the privileges of the Participants who generated said communication.
Eligibility for Use: The Enfront Suite should not be used by persons under the age of 18 or any person not able to enter a legal binding contract for their own direct participation or on behalf of an organization that they represent as agent, Consultant, or employee.
However, Participants are bound by actions on their behalf that Enfront reasonably assumed were undertaken by a legitimate representative of the Participant.
All Enfront Suite Participants will register using their legal name, a valid postal address, a valid phone number, and an email address in use for standard operating purposes. No attempt to deceive or defraud Enfront or any other Participant regarding identity or purpose of use will be made in regard to sign-up or ongoing use of the Suite.
Improper Use: No part of Enfront’s Suite may be used, directly or indirectly, by a competitor or a competitor’s agent or representative for the purpose of investigating Enfront’s software, plans, protocols, techniques, or operations. Enfront views all related information as protected intellectual property, and Enfront reserves the right to bring action against any infringing competitor and/or agent or representative, seeking damages and attorney fees to the full extent of the law.
No attempt can be made to circumvent intended security systems, either for the purpose of testing said security systems, gaining unauthorized access to data or other proprietary information, or making any unauthorized use of any portion of the Enfront Suite.
No Participant may utilize the Enfront Suite for any action on behalf of another Participant unless that action is specifically approved. This prohibition includes but is not limited to the handling of recipient marketing data, the preparation and archiving of any content, the preparation and distribution of any outgoing communication, revision of any pricing and the expenditure of funds for any reason.
Participants or their agents, representatives, or contractors, may not modify any portion of the Enfront suite to create the impression that it is operating as part of another system, without the written permission of Enfront.
DISCLAIMER: All Participants are independent contractors and Enfront is not liable in any manner for damages that may result to any Participant herein or to third parties due to their transactions with said independent contractors.
PROTECTED PROPERTY: It is recognized by all parties that Enfront does not intend to infringe upon any trademark or copyright of any individual or entity whether a user of Enfront products or not; and Participants are specifically prohibited from uploading protected content without permission of the content owner. Any claim of trademark or copyright infringement involving Enfront products, or materials distributed by the ENFRONT MARKETING SYSTEM, must be reported to ENFRONT, 1425 Chase Drive, Carmel, IN 46032, or firstname.lastname@example.org. Any finding of violation of content owner’s copyright or trademark by any user, consultant, content partner, resource partner or private brand user will result in immediate termination of all Enfront services to that Participant.
INTELLECTUAL PROPERTY AND CONFIDENTIALITY OF ENFRONT INFORMATION: The Enfront Participant agrees that any information gained from the association with ENFRONT as to pricing, plans, programs, and protocols are the intellectual property of ENFRONT, INC., and that no Participant in the ENFRONT marketing system shall divulge any information concerning said intellectual properties without the expressed consent of ENFRONT.
Protection of Participant Content: Enfront marketing programs or Suite elements will make no commercial use of content uploaded by Participant, except as related to providing Participant’s contracted services or fulfilling Participant’s specific requests.
Enfront Marketing System Changes: Enfront may change portions of the Suite’s operating system at its sole discretion. Changes are, of course, intended to improve the system, but might cause inconvenience or loss of functionality to some Participants. Participant specifically acknowledges that Enfront bears no financial liability for the damages that may occur as a result of such changes.
Internet Related Risks: Participants are prohibited from transmitting any worms, viruses or other destructive code; however each Participant acknowledges that worms, viruses and other destructive code are a risk of doing business on the Internet and hold Enfront harmless for any damages that might be encountered as a direct or indirect use of the Enfront Suite.
Excessive use of bandwidth may result in surcharges or termination of service; however, we will communicate concerns with intent to resolve.
Notification of Changes: Pricing changes or those system changes that Enfront, in its sole judgment, views as substantial will be forwarded with 15 days or more of notice. Notification will be to the email address associated with Participant’s login and will be forwarded to Account Managers, Private Brand Managers, and Resellers (Consultants), but not to individual account Users.
Sales Tax: All prices are presented without sales tax and Enfront or the Participant will collect and remit sales tax as is required by law.
Access to System Components: Participant hereby grants to carefully selected and trained Enfront personnel full access to the on line account(s) created for Participant. This access will allow maintenance and troubleshooting; Enfront will not make content changes or initiate any marketing/communication program unless specifically directed to do so by Participant.
Responsibilities: All Enfront Suite Participants will maintain the security of their account, password, and internal control disciplines; and are responsible for the behavior of their employees, agents, Consultant, or other designated representatives. Enfront bears no responsibility for the behavior, misbehavior, or performance failures of non-Enfront employees including the possibility of data or content being lost or mishandled; and funds being expended in unintended or unauthorized ways.
Payments/Prepayments: In general, the Enfront Suite is activated by utilizing funds deposited in advance of specific communication projects. Participants must not launch programs without having made provision for adequate funding, and realize that Enfront will suspend all activity in an unfunded account. If Consultant/Reseller directly collects funds for future System execution, e.g. campaign communication to be executed in subsequent months or years, Consultant/Reseller must deposit in the relevant Enfront account amounts that prepay the intended future communications.
Refunds: Participants recognize that Enfront will not refund unused funds balances. Further, Enfront may, after a period of three months of account inactivity, deactivate the account without requirement of refund.
Waiver of Warranty: The Enfront Suite is presented on an “as is” and “as available” basis and Participants use the Suite at their own risk. Enfront will make reasonable efforts to fulfill the performance guidelines suggested by marketing material, however it is mutually understood that problems and errors may occur and that these difficulties may prevent targeted deadlines from being met and targeted quality of output from being achieved. Further, malfunctions of equipment, human error, human malice, or software bugs may cause unexpected results, delays, loss or corruption of data, and introduction of viruses, worms, or other destructive code that may be harmful to Participants’ hardware, software, or operational performance. It is also recognized that occurrences of nature, or failure of third party vendors such as the US Postal Service, utilities or various Internet service providers may result in unplanned consequences.
Participants agree to hold Enfront harmless from any damages resulting directly or indirectly from use of the Enfront Suite, beyond the retail value of the specific project being adversely affected. This waiver of liability includes but is not limited to out-of-pocket costs to repair or replace of hardware, software, data, or content ; lost labor costs; costs to secure substitute services; perceived loss of goodwill; or perceived opportunity costs related to lost revenue.
Performance Representations: It is expressly understood that Enfront makes no promise regarding the marketplace effectiveness of any Enfront product or service; that this disclaimer of warranty supersedes any verbal representation of any party; and that results from specific marketing campaigns may be financially disappointing.
It is further understood that Enfront makes no specific guarantees regarding the timing or effectiveness of new products or features, or the repair of specific bugs; and that written or verbal interactions regarding products, features, or bugs, even if based on best-available information, are not binding on Enfront, nor does Enfront bear financial responsibility of any kind for perceived delays in implementation or perceived shortcomings in product or feature strength.
Communication/Enforceability of Terms and Conditions: It is specifically understood that each Participant is responsible to communicate relevant disclaimers or limitations to those with whom they do business, where lack of awareness of such disclaimers or limitations might create unwarranted expectations on Enfront, its employees, partners, or other associates.
Failure to enforce any provision of these Terms shall not constitute waiver of the right to enforce at a future point.
Cancellation / Termination: Participants may cancel their use of Enfront services at any time by emailing email@example.com. Grounds for termination are discussed in individual Participant Terms and Conditions.
Jurisdiction: Disputes arising out of use of Enfront’s Suite shall be adjudicated according to the laws of the state of Indiana. The parties agree that proper venue for any legal action concerning the relationships of the various parties in this venture as it relates to Enfront being a necessary party shall be in the state of Indiana, County of Hamilton.
Additional Relevant Terms and Conditions: Participants are further bound by the Terms of specific Enfront services and those Terms specific to category of participation.
Questions or issues related to these Terms should be addressed to Enfront, Inc., 1425 Chase Ct., Carmel, IN 46032.
Perceived inappropriate use of the Enfront Suite may be forwarded to the above address or to firstname.lastname@example.org, including performance by Consultants, Designers, or Vendors; and business conduct of Users. Enfront will investigate vigorously and contact you after investigation.
These Terms and Conditions presented by:
William G. Corbin, President
1950 E Greyhound Pass, Ste 18-121, Carmel, IN 46033