PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
ABOUT THE INFORMATION ON THIS SITE:
Website content is intended to be a general information resource and is provided solely on an “AS IS” and “AS AVAILABLE” basis. You are encouraged to confirm the information contained herein. You should not construe Entark's publication of the content on the Website as a warranty or guarantee of the quality or availability of any goods or services.
COMMUNICATIONS WITH THIRD PARTIES:
Your dealings or communications with any party other than Entark are solely between you and that third party. Under no circumstances will Entark be liable for any goods, services, resources or content available through such third party dealings or communications, or for any loss or harm related thereto, even if such communications were initiated through the Website, and even if we were advised of the potential for harm or loss.
NO PROFESSIONAL ADVICE:
You acknowledge Entark does not provide professional advice, and you agree you will not use the Website as a substitute for, or supplement to, advice from a qualified professional.
By using the Website, you represent and warrant that (i) all information you submit through the Website is truthful and accurate; (ii) you are 13 years of age or older; and (iii) your use of the Website does not violate any applicable law or regulation.
USE OF MATERIALS ON THIS SITE:
Entark invites you to view and use a single copy of the Website. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Website.
OUTBOUND LINKS AND USE OF MARKS:
The Website may contain links to websites operated by other parties. Entark provides these links as a convenience, and use of these sites is at your own risk. Hyperlinked sites are not under the control of Entark, and Entark is not responsible for the content available on other sites. Such links do not imply Entark’s endorsement of information or material on any other site, and Entark disclaims all liability with regard to your access to, and use of, such linked websites.
INBOUND LINKS TO THE WEBSITE:
Unless otherwise set forth in a written agreement duly executed between you and an authorized officer of Entark, you must adhere to Entark’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the reputation of Entark, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with or associated with Entark, (iii) when selected by a user, the link must display the Website full-screen in its own top level window, and not within a “frame” on the linking website, and (iv) Entark reserves the right to revoke its consent to the link at any time and in its sole discretion.
The Entark logo is a service mark of Entark. Unauthorized use of any Entark trademark, service mark or logo may be a violation of federal and state trademark laws.
DISCLAIMERS AND LIMITATION OF LIABILITY:
ALL CONTENT ON THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ENTARK MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS SOLELY AT YOUR SOLE RISK.
ENTARK MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND DOES NOT GUARANTEE THE AVAILABILITY OR INTEGRITY OF ANY DATA YOU WILLINGLY PLACE ON OUR SERVERS. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENTARK DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF ENTARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold Entark, its affiliates, and their respective officers, agents, directors and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or arising out of your use of the Website and/or breach of this Agreement.
The Website is protected by U.S. and international copyright laws. Except for your use as authorized above, you may not copy, archive, modify, reproduce or distribute the content, design or layout of the Website, or individual sections of the content, design or layout of the Website, without Entark’s express prior written permission.
The Website is operated by Entark from its offices in the United States. Those who choose to access the Website from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
The Website is not directed toward children under 13 years of age nor does Entark knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to us.
The Website may enable its users to post content, including without limitation public messages (hereinafter, “User Content”) that may be viewable by other Website users. By posting, providing, or otherwise making available any User Content, you hereby grant to Entark a worldwide, irrevocable, royalty-free, nonexclusive, limited license to reproduce, use, adapt, modify, publish, translate, publicly perform, publicly display, distribute and create derivative works from such User Content in any form, and Entark may sublicense all or part of its rights under this license or assign them to third parties. You waive all moral rights with respect to any User Content. You also represent and warrant that: (i) you own the content posted by you on or through the Website or otherwise have the right to grant the license set forth in this section; and (ii) your posting of the content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You acknowledge that Entark 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 Website. Without limiting the foregoing, Entark shall have the right to remove any User Content that violates this Agreement, or is otherwise objectionable as determined in Entark’s sole and absolute discretion. You acknowledge that Entark does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate, and bear all risks associated with, your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content. You are solely responsible for the content that you post on or through the Website, and you agree that you will indemnify, defend, and hold harmless Entark and its affiliates for all claims resulting from content you supply.
Email submissions over the internet may not be secure. Please do not email Entark any personal or confidential information.
CHOICE OF LAW/FORUM:
All claims arising out of this Agreement or relating to the Website will be governed by the laws of the State of Ohio, excluding the application of its conflicts of law rules. Any legal action or proceeding arising out of this Agreement or relating to the Website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Montgomery County, Dayton, OH.
YOU AGREE THAT NO CLAIM ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE MAY BE BROUGHT AS A CLASS ACTION.
If you have any questions or concerns regarding this Agreement, please contact us at [Protected Address - Please Click].