Enhancify.com and its parent company, subsidiaries, affiliates and/or subdomain (collectively, "Enhancify.com", "Company", "we", "us", and "our") is doing business as "Enhancify" or "Enhancify.com" ("Enhancify" or the "Company Website"). For the purposes of this Agreement, "you" means a person that is a visitor (which means that you browse the Company Website), a consumer (which means that you have provided information to us to use any and all one of the Services), or a Network provider who accesses, uses, and/or participates in the Company Website and/or Services in any manner, individually and/or as an agent on behalf of an entity or another registered user (collectively, the "User").
Enhancify.com provides an advertising and matching service platform connecting you with financial products, services, software, associated content, functionalities and advertisements (collectively, the "Services"), comprised of a network of lenders, brokers, investors, debt settlement companies, credit card issuers, debt management companies, credit repair companies, credit reporting facilities and the like, in association with advertising partners, marketing partners, services providers, suppliers and other third parties (each a "Network Provider", collectively, the "Network").
Enhancify.com is doing business as "Enhancify" or "Enhancify.com" ("Enhancify" or the "Company Website"). Enhancify.com and its parent company, subsidiaries, affiliates and/or subdomains (collectively, "Enhancify.com", "Company," "we," "us," and "our") provide an advertising and matching service platform connecting you
with financial products, services, software, associated content, functionalities and advertisements (collectively, the "Services"), comprised of a network of lenders, brokers, investors, debt settlement companies, credit card issuers, debt management companies, credit repair companies, credit reporting facilities and the like, in association with advertising partners, marketing partners, services providers, suppliers and other third parties (each a "Network Provider", collectively, the "Network").
and other agreements incorporated herein by reference, are terms of the legal agreement ("Agreement") between you and Enhancify.com, which sets forth the terms and conditions for your use of any and all pages that are associated or linked within the Company Website, any subdomain thereof, the Services, any and all devices, applications, products or services that Enhancify.com operates or offers that link to this Agreement. The Company Website is owned and operated by Enhancify.com. This Company Website is being provided to you expressly subject to this Agreement.
The terms and conditions of this Agreement form an essential basis of the bargain between you and Enhancify.com. By accepting electronically (for example, clicking "I Agree"), installing, accessing, browsing and/or using the Company Website and/or Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with any and all applicable laws and regulations. The terms and conditions of this Agreement may be amended from time to time in the future (see "Modifications" below). If you do not agree to the terms in this Agreement, then you may not visit the Company Website or use the Services.
To use the Services you must be, and represent and warrant that you are at least 18 years of age, reside in the United States of America, and competent and/or legally authorized to agree to the terms in this Agreement. If Enhancify.com has previously prohibited you from accessing or using the Company Website and/or Services, you are not permitted to access the Company Website or use the Services.
, which also governs your use of the Company Website and the Services, to understand our practices.
DESCRIPTION OF SERVICES
The Services are provided to you by Enhancify.com free of charge and are meant to inform about the options that may meet your individual financial needs.
The Company Website provides the Services by submitting your financial information to one or more providers within the Network. You may submit a request to receive information through the Services ("Inquiry") and may receive the information relating to the third party Network Providers' products and/or services ("Offers") in which you may be interested. Furthermore, the Company Website may contain links to other third parties which may also advertise their own products and/or services. The Company Website and Services may also provide you with general tips, recommendations and educational material. For more information, please read our Disclaimer and Disclosures
Enhancify.com provides lead generation Services to connect users with certain Offers. Enhancify.com is not a lender or creditor, and we do not make any loan or credit decisions. We cannot and do not endorse or recommend the product(s) or service(s) of any particular provider in the Network (each a "Network Provider"). You acknowledge and agree that Enhancify.com is not an agent of either you or any Network Provider, and Enhancify.com is not a party to any contract between you and any Network Provider. It is up to the User to rely upon their own judgment in deciding which available product(s), service(s)terms, acceptable cost or Network Provider is best suited for their needs and financial means. Each Network Provider is solely responsible for its product(s) and/or service(s) to you, and you agree that Enhancify.com shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of each such Network Provider's product(s) and/or service(s).
By visiting the Company Website, using the Services, and agreeing to the terms and conditions in the Agreement, you also authorize us to receive and transmit any and all data and information that you provide, along with any other information Enhancify.com has or may receive from any Network Provider or other third parties, including but not limited to your Social Security Number, your contacts with Network Provider(s) to request more information about products offered or inquire about their services, whether any of Network Providers have provided any potential costs to you for their product(s) and/or services(s), whether you have navigated from Enhancify.com to a Network Provider's website, and whether you have obtained a product or utilized the services of any Network Provider, to our Network or any other third party as necessary. You authorize Enhancify.com and its Network, along with any additional third parties as necessary to fulfill your Inquiry, to request from one or multiple credit bureaus /reporting agencies, your credit bureau report including any ancillary credit scores or ratings, and/or conduct a soft credit pull inquiry.
ADVERTISING DISCLOSURE; OFFERS AND THIRD-PARTY LINKS
Please read our Disclosures
for more information about advertisements and links to Network Providers and other third parties through the Company Website.
SUBMITTING AN INQUIRY
When you submit an Inquiry and/or otherwise request to use the Services, you authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your date of birth, your social security number and/or requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information you provide against third party databases or through other sources. If you do not provide this information or Enhancify.com cannot verify your identity, we can refuse to allow you to use the Services.
Please read our Electronic Communications Consent Agreement
for more information about our Electronic Communications.
ONLINE AND MOBILE ALERTS
Enhancify.com may from time to time provide automatic alerts. Automatic alerts may be sent to you with new information or following certain changes to our, our Networks' or your information. Enhancify.com may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
Electronic alerts will be sent to the email address or mobile number that accepts text messages which you have provided to us, obtained from our Network in accordance with our Electronic Communications Policy & Consent Agreement., or Service Provider as it pertains to for the Enhancify.com's Services and the Calls, SMS & Text Messages Consent, Disclosure, Terms and Conditions. If your email address or your mobile number changes, you are responsible for informing us of that change. Changes to your email address and mobile number will apply to all of your alerts.
You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. Enhancify.com may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Enhancify.com shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. Anyone with access to your email will be able to view the content of these alerts. You may disable such alerts at any time. Please read our Do-Not-Call Policy.
CALLS, SMS & TEXT MESSAGING CONSENT,DISCLOSURE, TERMS & CONDITIONS ("Call & SMS Text Terms and Conditions")
By providing your mobile phone number to us or our Network, you provide us with your consent and authorization to contact you in any way, including through SMS messages (including text messages), calls (using pre-recorded messages or artificial voice), and calls and messages delivered using an automated telephone dialing system or automated text messaging system. The Federal Communications Commission ("FCC") defines an "automatic telephone dialing system" or autodialer as equipment that has the capacity to store or produce telephone numbers to be called and to call such numbers. 47 C.F.R. § 64.1200. Automated messages may be played when the telephone is answered, either by you or someone else. You consent to receive SMS messages (including text messages), calls and messages (whether prerecorded, artificial, or autodialed) from us, our agents, our Network, or any other third-party calling on our behalf at the specific phone number(s) you have provided to us, our Network, or we can reasonable associate with your information (through skip-trace, caller ID or other means) to provide you with information regarding the services you have inquired about, including (but not limited to) assistance in completing your request, notifications, our services, and the services offered or provided by our Network Provider(s) or information about other third-party products and/or services. Additionally, you agree that we may send any SMS messages (including text messages) through your mobile service provider in order to deliver them to you. SMS messages (including text messages) are provided for your convenience only. Consent to these Call & SMS Terms and Conditions is not a condition of purchase. Calls and/or SMS messages (including text messages) will only be placed or sent (as applicable) between 8 a.m. and 9 p.m. in your time zone. Call and SMS message (including text message) frequency varies.
Call, Message & Data Rates May Apply depending on your mobile carrier.
Charges for calls and/or SMS messages (including text messages) may appear on your mobile phone bill or be deducted from your prepaid balance. You agree not to hold Enhancify.com liable for any mobile call or messaging charges or fees generated by this service. By providing your consent, you approve any such charges from your mobile carrier.
By providing your consent, you have also agreed that you are the owner or customary user of any mobile phone number which you have provided to us or our Network. You represent that you are authorized to receive calls at any number you have provided to us. Furthermore, you understand the text messages we send may be seen by anyone with access to your phone and you agree that we are not liable for anyone accessing such messages. Accordingly, you should take steps to safeguard your phone and your text messages if you wish for them to remain private.
You agree to promptly notify us if your mobile has been lost or stolen, if you change your mobile phone number, cease using the mobile phone number you provided us, assign any non-mobile phone number you provided us to a mobile service, or transfer your mobile number to another person.
You agree to provide a valid mobile phone number for the Services. You further agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys' fee) arising from your provision of a mobile phone number that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your obligation under this paragraph shall survive termination of these Call & SMS Terms and Conditions. Please also note that for quality control and/or other purposes, we may listen to and/or record calls between you and our representatives with or with it notice to you as permitted by applicable law.
Enhancify.com reserves the right to terminate call or messaging services, in whole or in part, at any time without notice, without liability to you, any other user or a third party. We reserve the right to modify these Calls & SMS Terms and Conditions from time to time without notice. Please also review these Call & SMS Terms and Conditions from time to time so that you are timely notified of any changes. We may also notify you of any updates by sending you a text message with a link to the revised terms and conditions and/or posting revised terms and conditions on the Company Website.
Please be aware that our text messaging service does not currently provide for two-way communication, other than sending auto-responses if you text STOP or HELP as specified below. Also please be aware that text messages that we send you may come from different numbers. The information in any message may be subject to certain time lags and/or delays. You are responsible for managing the types of SMS messages (including text messages) you receive.
If you have any questions about this policy or are having problems receiving or stopping our text messages, please contact us using the following information: Support@Enhancify.com
OPT-OUT OR STOP
You understand that, at any time, you may withdraw your consent to receive SMS messages (including text messages). To Stop receiving SMS messages (including text messages) from us (except any fraud alerts we may send you), simply text STOP, STOP ALL, UNSUBSCRIBE, CANCEL, END or QUIT ("STOP") to any text message we have sent you to unsubscribe.
You can also opt-out of receiving SMS messages (including text messages) by sending an email to Support@Enhancify.com
or calling a customer service representative at 813-463-8886. Your Stop request will become effective within 24 hours of receipt. If you text STOP to us, you understand that this direction will be limited to text messages for the service to which the SMS message (or text message) relates, and we will only opt you out of receiving SMS messages (including text messages) pertaining to that service. Opting-out of receiving SMS messages (including text messages) will only be effective as to the cell phone number from which you send the STOP request or that you specify, and will only stop messages from Enhancify.com. If you receive messages) from our Network Provider(s), you will need to contact them directly to opt-out of their messages and/or with any questions or issues with opting-out of receiving their messages.
To understand more about your Opt-Out rights concerning calls, please see our Do-Not-Call Policy
SUPPORT OR HELP
If at any time you need our contact information, information on how to stop SMS messages (including text messages), or these Call & SMS Terms and Conditions, reply HELP
to any SMS message (or text message) we have sent you. Upon receiving your SMS message (or text message), we will send you a text message with such information.
Some of the SMS messages (or text messages) we send may include links to websites. To access these websites, you will need a web browser and Internet access.
Not all mobile carriers or text message service providers may support this service. Please check with you mobile carrier.
Enhancify.com respects and honors your privacy. It is Enhancify.com's policy to fully comply with any and all applicable "Do Not Call" laws and regulations regarding wired and wireless telephone communications (whether by live, artificial or prerecorded voice, telephone facsimile machine, computer or otherwise) to any covered telephone line or number. In a good faith effort to so comply and to provide consumers with an opportunity to exercise their "Do Not Call" rights, Enhancify.com has adopted and adheres to the policies described below to comply with the Federal Trade Commission's ("FTC") and Federal Communications Commission ("FCC") regulations, The Direct Marketing Association's ("DMA") Ethical Guidelines, and if applicable, state Do-Not-Call laws.
Enhancify.com checks telephone numbers on our calling lists against Do-Not-Call lists that we obtain from various sources, or we document why that person may be contacted without checking the Do-Not-Call lists.
We honor the relevant portions of the Do-Not-Call list every 31 (thirty-one) days. We check against the DMA's Telephone Preference Service ("TPS") each quarter, in January, April, July and October. We also check against state lists, consistent with state-mandated timetables. In addition, to remove wireless numbers from our database we use The DMA's Wireless Suppression Service.
We will also remove from our calling lists the telephone numbers of those individuals who submit requests directly to us. Consumers may submit Do-Not-Call request by providing your phone number below, you will be placed on Enhancify.com's Do-Not-Call List. Such requests are recorded in our databases within five business days of receipt, however, it may take up to 30 (thirty) days to fully implement such requests.
We retain company-specific Do-Not-Call requests for a minimum of 5 (five) years. If you move or change your telephone number your request may be deleted. If you wish to re-establish your Do-Not-Call request, you can fill out a request via our website by Clicking Here to Contact Us
, via email at Support@Enhancify.com
or by phone by calling us at 813-463-8886.
If you have questions about our Do-Not-Call Policy, please contact us during normal business hours. Questions about our company's Do-Not-Call policies should be directed to:
382 NE 191st Street
Miami, Florida 33179
By providing your phone number below, you will be placed on Enhancify.com's Do-Not-Call List. If you'd like a lender, affiliate or contractor to place your phone number on their Do-Not-Call List, please contact them directly.
You may also update your preferred method of contact by sending us an email at Support@Enhancify.com
: If you enter your phone number on our Do-Not-Call List and submit another form to us through the Company Website, or provide your number to Enhancify.com in the future, it will remove your request and you WILL receive return calls at the phone number provided to us.
ENHANCIFY.COM'S INTELLECTUAL PROPERTY RIGHTS
The Company Website and Services are owned and operated by Enhancify.com and contain materials including, but not limited to, any and all software or HTML code, scripts, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks (collectively, "Materials"). Materials are supplied in whole or in part by Enhancify.com and/or its Network, and are protected by copyright laws, other U.S. and international treaties and are the property of Enhancify.com or its licensors. The Services are also protected as a collective work or compilation under the U.S. copyright and other laws and treaties.
All Materials are provided through the Company Website as the Service to its current and prospective Users and may be used only for personal and informational purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in the Enhancify.com Materials is conveyed to you. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the Company Website or any of Enhancify.com's Materials without our prior written permission, nor may you permit copying of the Enhancify.com Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of the Enhancify.com Materials is prohibited. Any and all rights not expressly granted are reserved by Enhancify.com, as applicable.
You agree to abide by all applicable copyright and other laws, as well as any additional copyright announcements or restrictions contained in the Company Website. You acknowledge that the Company Website and Services have been developed, compiled, prepared, revised, selected, and arranged by Enhancify.com and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Enhancify.com and respective others. You agree to protect the proprietary rights of Enhancify.com and all others having rights in the Company Website and/or Services during and after the term of this Agreement and to comply with all reasonable written requests made by Enhancify.com or its suppliers and licensors of content or otherwise to protect their and others' contractual, statutory, and common law rights in the Company Website and/or Services. You agree to notify Enhancify.com immediately upon becoming aware of any claim that the Company Website and/or Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Company Website and the Services shall, as between you and Enhancify.com, at all times be and remain the sole and exclusive property of Enhancify.com.
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Company Website and/or use the Services only for your own internal, personal, or commercial use (subject to any other agreements governing your relationship with Enhancify.com), and only in a manner that complies with any and all legal requirements that apply to you or your use of the Company Website and/or Services. This permission is a limited license to use the Enhancify.com Materials solely for such purposes and does not represent a transfer of title in any Enhancify.com Materials, Services or other Enhancify.com content. Enhancify.com may revoke this license at any time, in its sole discretion.
RIGHTS YOU GRANT TO US
. You represent that you are entitled to submit it to Enhancify.com for use for this purpose, without any obligation by Enhancify.com to pay any fees or be subject to any restrictions or limitations. You understand and agree that the Services are not sponsored or endorsed by any Network Provider accessible through the Company Website and/or Services. Enhancify.com is not responsible for any loan payment processing errors or fees or other services-related issues, including those issues that may arise from inaccurate information provided for Inquiries.
YOUR USE OF THE SERVICES
Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity without our written consent. You are only entitled to access and use the Services for lawful purposes. Accurate records enable Enhancify.com to provide the Services to you. You must provide true, accurate, current and complete information and you may not misrepresent your information in order for the Services to function effectively. If you do not do this, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, any and all the information necessary to facilitate your use of the Services.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Enhancify.com, in its sole discretion, may elect to take. In no event will Enhancify.com be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such Services, shall be for Enhancify.com to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
USER CONTENT AND SUBMISSIONS
You are permitted to submit, post, upload, or otherwise make available (collectively, "Post") content such as photographs, questions, public messages, ideas, product feedback, comments and other content (collectively, "User Content") that may or may not be viewable by other users on the Company Website, the Network Providers or other third parties.
User Content Representations. You acknowledge and agree that any and all User Content that you post or submit is your sole responsibility. You further agree that you have all required rights to such User Content without violation of any third-party rights. You understand that Enhancify.com does not control, and is not responsible for, User Content, and that by using the Services, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless Enhancify.com for any and all claims resulting from User Content you post or submit. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
User Content Review. You acknowledge and agree that Enhancify.com and its designees may or may not, at Enhancify.com's discretion, pre-screen User Content before its appearance on the Services, but that Enhancify.com has no obligation to do so. You further acknowledge and agree that Enhancify.com reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Services. Without limiting the foregoing, Enhancify.com and its designees shall have the right to remove any User Content that violates the terms of this Agreement or is otherwise objectionable in Enhancify.com's sole discretion. You acknowledge and agree that Enhancify.com does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear any and all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.
PROHIBITED ACCESS AND INTERFERENCE
You agree that you will not:
1. Submit or Post User Content that harasses, abuses, or threatens any other person, or that contains obscene content; is false, misleading, or inaccurate; degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or any other classification; is unlawful, harmful, tortious, defamatory, libelous, or invasive of another's privacy;
2. Use the Company Website and/or Services for benchmarking or to compile information for a product or service;
3. Copy, download (other than through page caching necessary for personal or commercial use, or as otherwise expressly permitted by this Agreement), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Company Website and/or Services, by any means except as provided for in this Agreement or with the prior written consent of Enhancify.com;
4. Scrape, access, monitor, index, frame, link, or copy any content or information on the Company Website and/or Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly-available portions of the Company Website and/or Services through a browser;
5. Violate the restrictions in any robot exclusion headers of the Company Website and/or Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services;
6. Submit any content that advocates illegal activity or discusses illegal activities with the intent to commit them.
7. Post or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time bomb, virus, malware, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, "disabling," "lock out," "metering" device or any malicious code).
8. Post or do anything that could disable, overburden, or impair the proper working of the Services;
9. Post, utilize or otherwise make available any other party's intellectual property unless you have the right to do so, or remove or alter any copyright, trademark or other proprietary notice contained on or through the Services;
10. Post any trade secrets or other confidential information, or post any material that you do not have a right to make available under any law or under contractual or fiduciary relationships, including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements;
11. Falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity in a manner;
12. Authorize or permit anyone else to access and/or use your information or access, visit and/or use the Company Website and/or Services by use of your information;
13. Solicit personal or sensitive information from other users including without limitation address, credit card or financial account information, or passwords;
14. Send spam or other advertisements or solicitations, surveys, contents, pyramid schemes, promote commercial entities, or otherwise engage in commercial activity on or through the Company Website and/or Services;
15. Frame, inline link, or similarly display the Services or any portion of the Company Website and/or Services;
16. Interfere with any other party's use and enjoyment of the Company Website and/or Services; or
17. Attempt to do or assist anyone in attempting to do any of the above.
, or other contracts with you, including investigation of potential violations thereof; (3) to respond to claims that any content violates the rights of third parties; (4) to respond to your requests for customer service; and/or (5) to protect the rights, property, or personal safety of Enhancify.com, its agents and affiliates, its users, and the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
THE COMPANY WEBSITE, THE SERVICES, INFORMATION, DATA, FEATURES, ALL CONTENT AND MATERIALS, AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES AND/OR PROVIDED THROUGH THE COMPANY WEBSITE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. ENHANCIFY.COM, ITS NETWORK, LICENSORS, DISTRIBUTORS, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION CONTENT OR OPERATION OF THE COMPANY WEBSITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE COMPANY WEBSITE AND/OR THE SERVICES IS AT YOUR SOLE RISK.
NEITHER ENHANCIFY.COM OR ITS NETWORK, LICENSORS, OR DISTRIBUTORS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, SUITABILITY, OR COMPLETENESS OF THE CONTENT AND INFORMATION ON THE COMPANY WEBSITE OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ENHANCIFY.COM OR ITS ENTIRE NETWORK MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE INFORMATION OR CONTENT THAT MAY BE AVAILABLE THROUGH THE COMPANY WEBSITE OR THE CORPORATE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS PROVISION MAY NOT APPLY TO YOU.
If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor," and will also include the release from the criminal acts of others.
LIMITATIONS ON ENHANCIFY.COM'S LIABILITY
ENHANCIFY.COM SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE COMPANY WEBSITE, YOUR USE OF THE
ENHANCIFY.COM SERVICES, OR THIS AGREEMENT, EVEN IF ENHANCIFY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ENHANCIFY.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
YOUR INDEMNIFICATION OF ENHANCIFY.COM
or other agreements incorporated herein by reference as an integral part of this Agreement, or any activity by you in relation to your use of the Company Website and the Services.
ENDING YOUR RELATIONSHIP WITH WWW.ENHANCIFY.COM
This Agreement will continue to apply until terminated by either you or Enhancify.com. If you want to terminate this legal agreement for the Services, you may do so as follows:
Send an email to Support@Enhancify.com
with the following information:
Subject of Email: Unsubscribe and Cancel
First & Last Name
Reason for Cancelling or Unsubscribing
Services looking to Cancel or Unsubscribe to
Enhancify.com may at any time, terminate its legal agreement with you and access to the Company Website and/or the Services:
A. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
B. if Enhancify.com in its sole discretion believes it is required to do so by law (for example, where access to the Company Website an/or the provision of the Services to you is, or becomes, unlawful);
C. for any reason and at any time with or without notice to you; or
D. immediately upon notice, to the e-mail address provided by you as part of your Inquiry.
You acknowledge and agree that Enhancify.com may immediately deactivate or delete your account and all related information and files in your account, where applicable, and/or prohibit any further access by you to all files, the Services, and/or the Company Website. Further, you agree that Enhancify.com shall not be liable to you or any third party for any termination of your access to the Company Website and/or the Services.
MODIFICATION AND TERMINATION
Enhancify.com reserves the right to change, modify or discontinue, temporarily or permanently, the Company Website or the Services, including applicable fees, in our sole discretion, from time to time, with or without notice, by posting the revised Agreement on the Company Website. You should check this Agreement on the Company Website periodically for changes. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Company Websites). Any and all changes shall be effective upon posting, and except as provided in the Mandatory Arbitration and Class Action Waiver section of this Agreement. In addition, the Agreement will always indicate the date it was last revised. If you do not agree to the changes after receiving a notice of the change to the Company Website or the Services, you may stop using the Company Website or Services. Your continued use of the Company Website or the Services after any change to this Agreement constitutes your agreement to be bound by any such changes.
Enhancify.com may terminate, suspend, change, or restrict access to all or any part of the Company Website or the Services without notice or liability. You agree that Enhancify.com shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.
If we terminate your right to access the Services, this Agreement will terminate and all rights you have to access the Services will immediately terminate; however, certain provisions of this Agreement will still apply post termination, including without limitation, the Mandatory Arbitration and Class Action Waiver provisions. Even if we terminate the Services or this Agreement, we may (but have no obligation to) retain information you have submitted to us, and that information may be retained and/or remain viewable by us, our Network, licensors, distributors, and/or other third parties.
SURVIVAL OF REPRESENTATIONS, WARRANTIES, AND COVENANTS
ALLEGATIONS OF COPYRIGHT AND TRADEMARK INFRINGEMENTS; NOTIFICATION
Enhancify.com respects the intellectual property rights of others and Enhancify.com asks that users of the Services do the same. If you believe that your intellectual property is being used on the Services in a way that constitutes copyright infringement, please provide our Designated Agent (set forth below) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The information specified above must be sent to Enhancify.com's Designated Agent, whose contact information is as follows:
Attn: DMCA Designated Agent
382 NE 191st Street, Suite 27330
Miami, Florida 33179
Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.
Any information or correspondence that you provide to Enhancify.com may be shared with third parties, including the person who provided Enhancify.com with the allegedly infringing material.
Upon receipt of a bona fide infringement notification by the Designated Agent, it is Enhancify.com's policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user's access to the Service.
- If you believe that your content should not have been removed for alleged copyright infringement, you may send Enhancify.com's Designated Agent a written counter-notice with the following information:
- Identification of the copyrighted work that was removed, and the location on the Company Website where it would have been found prior to its removal;
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
MANDATORY ARBITRATION AND CLASS ACTION WAIVER
Please read this section carefully. It will affect your legal rights, including your right to file a lawsuit in court.
You and Enhancify.com (each a "Party"; collectively, the "Parties") agree that this Agreement affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 16 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between the Parties, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at Support@Enhancify.com
, and provide a brief, written description of the dispute and your contact information. Except for intellectual property and small claims court claims, the Parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Enhancify.com, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration. If the Parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either Party may initiate binding arbitration as the sole means to resolve claims, (except as provided in section 16(g) below) subject to the terms set forth below. Specifically, any and all claims arising out of or relating to this Agreement (including this Agreement's formation, performance, and breach), the Parties' relationship with each other, and/or your use of Enhancify.com shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions.
Arbitrator's Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any and all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement including but not limited to any claim that all or any part of this Agreement is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction.
Filing a Demand for Arbitration. To start an arbitration, you must do the following: (a) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com
); (b) Send (3) three copies of the Demand for Arbitration, along with the appropriate filing fee, to JAMS, located at: 600 Brickell Avenue, Suite 2600, Miami, FL 33131; and (c) Send (1) one copy of the Demand for Arbitration to Enhancify.com at: 382 NE 191st Street, Suite 27330, Miami, Florida 33179.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Enhancify.com will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Enhancify.com will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You, the User, are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
The Parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For individuals residing outside the United States, arbitration shall be initiated in Broward County, Florida, United States, and you and Enhancify.com agree to submit to the personal jurisdiction of any federal or state court in Broward County, Florida, in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver. The Parties further agree that the arbitration shall be conducted in the party's respective individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND ENHANCIFY.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the Parties shall be deemed to have not agreed to arbitrate disputes.
Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the Parties' decision to resolve any and all disputes through arbitration, either Party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either Party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the Parties' decision to resolve any and all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either Party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
30-Day Right to Opt-Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending Enhancify.com an email with written notice of your decision to opt out with the subject line: "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT" to Support@Enhancify.com
. The notice must be sent within thirty (30) days of (a) the Effective Date of this Agreement; or (b) your first date that you accessed the Company Website or used the Services that contained any versions of this Agreement that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Enhancify.com will not be bound by them either.
Changes to This Section. Enhancify.com will provide thirty (30) days' notice of any changes to this section by posting an updated version along with the revised date the changes were made. Amendments will become effective thirty (30) days after they are posted on the Company Website or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled Mandatory Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence after you began using the Company Website and/or Services, as applicable.
This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the Company Website and/or Services.
Force Majeure. Under no circumstances shall Enhancify.com be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
No Waiver. No waiver of any provision of this Agreement will be binding unless in writing, no waiver of any provisions of this Agreement will be deemed a further or continuing waiver of such provision or any other provision, and the failure of Enhancify.com to exercise or enforce any right or remedy in this Agreement does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of this Agreement to be invalid, the Parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the Parties' intentions as reflected in the provision, and the other provisions of this Agreement will remain in full force and effect.
Compliance with Law. You agree to comply with any and all laws of any domestic or foreign jurisdiction in connection with your use of the Company Website and/or the Services.
Relationship between the Parties. You agree that no agency between you and Enhancify.com, or between Enhancify.com and any Network provider, is created as a result of this Agreement or your use of the Company Website and/or the Services.
Statute of Limitations. Except for residents of New Jersey, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Company Website and/or the Services and/or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Assignment; Transferability; Waiver. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
No third-party beneficiaries. This Agreement shall not confer any rights or remedies upon any person other than the parties hereto, and their respective successors and permitted assigns. Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, legal reps, and permitted assigns and the agreements representations warranties covenants and acknowledgements contained herein shall be deemed to be made by, and the binding upon, such heirs, executors, administrators, successors, legal representatives and permitted assigns.
and this Agreement. Accordingly, the normal rule of construction, to the effect that any ambiguities are to be resolved against the drafting party, shall not be employed in the interpretation of this Agreement. The captions and headings at the beginning of each paragraph are for convenience and reference only and shall not limit, define, or affect the construction and interpretation of this Agreement.
Severability. If any provision of this Agreement shall be adjudicated by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions of the Agreement shall not in any way be affected or impaired thereby and shall continue in full force and effect.
Counterparts. This Agreement may be executed in one or more counterparts (including by facsimile or electronic mail of in PDF) and by different parties in separate counterparts, with the same effect as if all parties hereto had signed the same document. All counterparts so executed and delivered shall be construed together and shall constitute one and the same agreement.
Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Florida notwithstanding its conflicts of law principles. Except for claims subject to mandatory arbitration, any dispute arising out of these terms and conditions or the use of the Company Website shall be initiated and conducted in the state or federal courts of Broward County, Florida, and you and Enhancify.com consent to the exclusive jurisdiction of such courts.
and other agreements herein included by reference, constitute the entire agreement, and supersede any and all other prior agreements, understandings, representations and warranties, both written and oral, between the parties, with respect to the subject matter thereof. This Agreement binds and inures to the benefit of each party. This Agreement may not be modified by an oral statement by a representative of conditions. No agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. If you are using the Company Website and/or the Services for or on behalf of the U.S. government, your license rights do not exceed those granted to non-government consumers. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Any provision of this Agreement that by its nature is reasonably intended to survive beyond termination of this Agreement shall survive.
If you have any questions about Enhancify.com, the Company Website, or the Services, please contact us at Support@Enhancify.com