Terms of Service
The following terms of use
apply only to the use of and purchases from the Enuser Training Group ("Enuser Training Group") website at www.EnuserLive.com (the "Enuser Training Group Website").
The terms "you", "your" and "yours" refer to the user/customer utilizing
our website to purchase services ("Services") or to browse our website.
The terms "we," "us" and "our" refer to Enuser Training Group.
1. GENERAL TERMS.
1.1 Disclaimer of warranty
for Enuser Training Group Website. We provide our website and its contents on
an "AS IS" basis and make no warranty or representation regarding any
product or Service, either express or implied, including the warranties
of merchantability, fitness for a particular purpose, and non-infringement,
which are hereby expressly disclaimed, unless otherwise stated herein.
1.2 Errors on and Changes to
our website. Despite our efforts to ensure that the information on our
website is accurate, complete and current, there may be instances when
information about a Service contains inaccurate or incomplete data, including
data about the Service's price or availability. We make no warranty or
guarantee that the information on our website is error-free, complete,
or current. We reserve the right to make changes, including pricing, and
to correct errors and/or update the content on our website at any time
without notice. We also reserve the right to refuse or cancel any order
containing any error or inaccuracy, including after the order has been
submitted, whether or not the order has been confirmed and your credit
card charged. If your order is canceled after your payment has been processed,
we will issue a full refund to the original payment type.
1.3 Damages. In no event shall
Enuser Training Group, its parent or affiliates, or their respective officers,
directors, employees, representatives or agents be liable for special,
incidental, consequential, punitive, indirect, or other special damages,
including but not limited to, loss of data, use, or profits, however caused,
whether for breach of contract, negligence, or otherwise, and whether
or not we have been advised of the possibility of any such damages.
1.4 Governing law. These terms
are governed and construed by the laws of Canada and United States without
regard to its conflict of law rules. You agree that if any part of these
terms is found to be unenforceable, the remainder of these terms will
remain in full force and effect.
1.5 Privacy policy. We realize
that customers are concerned about how the information they provide online
will be used. We are committed to protecting your privacy and will use
the information we collect about you to process your order. Please read
our Privacy Policy for more details.
1.6 Enuser Training Group Website.
"Enuser Training Group" and the Enuser Training Group Website are owned and operated by
Enuser Training Group. and or its subsidiaries. All references to "Enuser Training Group" are inclusive of Enuser Training Group.
2. CONDITIONS FOR ONLINE SERVICE.
2.1 Acceptance of the Services.
You are deemed to have accepted this Agreement upon the earlier of: (a)
your submission of an online or telephone request for service; (b) your
accepting the Terms of Service electronically during registration or in
the course of initiating a support session whether online or by telephone;
or (c) your use of the Service. This Agreement is made up of the terms
below, plus the Privacy Policy, and the other policies and materials specifically
referred to in these Terms of Service, all of which are inCorporated herein
by reference. The Agreement sets forth the terms and conditions under
which you agree to use the Service, and under which Enuser Training Group, and/or
its authorized service provider(s), agrees to provide the Service to you.
2.2 Definition of Service.
For purposes of this Agreement, the term "Service" shall mean the Enuser Training Group Computer Help service, including all technical support, usenet
newsgroups, email and other features, products and services provided by
Enuser Training Group, and/or its authorized service provider(s) under the service
option that you have selected. The Service may be referred to as, "Remote
Computer Support". As part of the Service, Enuser Training Group and/or its authorized
service provider(s) may license to you, or assist you in licensing from
third parties, software (see Section 2.5 below).
2.3 Authorized User, Use and
Responsibilities. You represent that: (i) you are 18 years of age or older
and you have the legal capacity and authority to bind yourself as applicable,
to this Agreement; (ii) the information you supply to us is correct and
complete. You understand that Enuser Training Group relies on the information
you supply and that providing false or incorrect information may result
in Service withholding or delays or the suspension or termination of your
customer account. You agree to promptly notify Enuser Training Group whenever
you’re personal or billing information changes.
2.3.1 You agree that you are
responsible for all use on your account, including any secondary accounts
or sub-accounts registered to your primary account. You understand this
means that you accept full liability and responsibility for the actions
of anyone who uses the Service via your account, or any secondary accounts,
with or without your permission.
2.3.2 If you select a service
plan, not including subscription plans, that includes a pre-determined
allocation of Services, Services will be have a 48 hour warranty will
remain in your customer account until expired. If you select a subscription
service plan that includes a pre-determined service calls allocation of
Services (for example, purchasing a $21.98 per month Subscription Plan),
tickets will accumulate on a monthly basis. You may use your account for
up to seven tickets per appointment at any time. You may transfer one
ticket to a designated family or friend per month.
2.3.3 If you pre-purchase or
subscribe to any Enuser Training Group Services: You may not resell the Service,
use it for high volume purposes, or engage in other similar activities,
or use it as a virtual support center, as determined solely by Enuser Training Group.
2.3.4 If you purchase
a subscription service plan for one computer, you may only use the Service
in connection with the computer listed in your service plan, unless you
upgrade your service plan contract to include an additional computer or
device. You hereby acknowledge and agree that a service contract covers
only the software, hardware and peripherals specifically listed in the
Product Description. The Product Description is not an exhaustive list,
and Enuser Training Group may modify it any time. Enuser Training Group
reserves the right to charge an additional fee to perform Services that
you request that are not covered by the, or to refuse to perform such
service. As part of the Enuser Training Group may require you to install
certain software to assist Enuser Training Group in the provision of the
Services. Enuser Training Group reserves the right to terminate this Agreement
if you (i) do not agree to install the software on your PC; or (ii) alter,
modify or disable the software, or its settings or configurations.
2.3.5 Any plan that
Enuser Training Group offers is subject to a one time setup fee of $20.00
plus you regular monthly service plan.
2.4 Availability of Service.
2.4.1 Enuser Training Group or its
suppliers may, at any time, without notice or liability, restrict the
use of the Service or limit its time of availability in order to perform
maintenance activities and to maintain service levels.
2.4.2 If you subscribe to Enuser Training Group will use commercially reasonable efforts to schedule a mutually
convenient service session within a reasonable period of time. However,
you hereby acknowledge that circumstances outside of Enuser Training Group's control
may cause significant delays in Enuser Training Group’s ability to schedule a
service session. You hereby release Enuser Training Group and/or its authorized
service providers from any and all liability, and agree that Enuser Training Group
and its authorized service providers shall not be liable to you or any
third party for any direct or indirect damages, resulting from such delays.
2.5 Software Licenses and Third
Party Services.
2.5.1 In connection with our
Service, we may provide to you, via download, CD, other media, or other
delivery method the use of certain software which is owned by Enuser Training Group
or its third party licensors, providers and suppliers, and which may be
provided free or for a fee, including client and/or network security software
("Software"). We reserve the right to update or change the Software from
time to time and you agree to cooperate in performing such steps as may
be necessary to install any updates or upgrades to the Software. You may
use the Software only as part of or for use with the Service and for no
other purpose.
2.5.2 The Software may be accompanied
by an end user license agreement from Enuser Training Group or a third party.
Your use of the Software is governed by the terms of that license agreement
and by this Agreement, where applicable. You may not install or use any
Software that is accompanied by or includes an end user license agreement
unless you first agree to the terms and conditions of the end user license
agreement.
2.5.3 With regard to any Software
for which your acceptance of a separate license agreement is not required
("Enuser Training Group Software"), you are hereby granted a revocable, non-exclusive,
non-transferable license by Enuser Training Group to use the Enuser Training Group Software
(and any corrections, updates and upgrades). You may not make any copies
of the Enuser Training Group Software. You agree that the Enuser Training Group Software
is the confidential information of Enuser Training Group or its third party licensors,
providers or suppliers, which you shall not disclose to others or use
except as expressly permitted herein. The Enuser Training Group Software contains
copyrighted material, trade secrets, patents, and proprietary information
owned by Enuser Training Group or its third party licensors, providers, or suppliers.
You may not de-compile, reverse engineer, disassemble, attempt to discover
any source code or underlying ideas or algorithms of the Enuser Training Group
Software, or otherwise reduce the Enuser Training Group Software to a human readable
form, modify, rent, lease, loan, use for timesharing or service bureau
purposes, reproduce, sublicense or distribute copies of the Software,
or otherwise transfer the Enuser Training Group Software to any third party. You
may not remove or alter any trademark, trade name, copyright or other
proprietary notices, legends, symbols, or labels appearing on or in copies
of the Software. You are not granted any title or rights of ownership
in the Enuser Training Group Software. You acknowledge that this license is not
a sale of intellectual property and that Enuser Training Group or its third party
licensors, providers or suppliers continue to own all right, title and
interest, including but not limited to all copyright, patent, trademark,
trade secret, and moral rights, to the Enuser Training Group Software and related
documentation, as well as any corrections, updates and upgrades. The Software
may be used in Canada and United States only, and any export of the Enuser Training Group Software is strictly prohibited.
2.5.4 Third Party Software:
As part of the Services, Enuser Training Group may suggest that you acquire, install
and use certain third party software ("Third Party Software"). Third Party
Software is licensed to you by the respective owners or licensees of the
Third Party Software. You must agree to the terms and conditions set forth
by such owners or licensees before installing Third Party Software, whether
Enuser Training Group assists you in the acquisition, installation, and/or use
of Third Party Software. Enuser Training Group has no rights to the Third Party
Software and does not license Third Party Software to you or make any
representation or warranty regarding the Third Party Software.
2.5.5 We provide technical
assistance and support for the software and the Enuser Training Group Software
in accordance with our policies. To the extent that we provide technical
assistance and support for Third Party Software or equipment, you must
ensure that you comply with the terms and conditions under which you licensed
such Third Party Software or purchased such equipment. We make no warranty
that we are an authorized service provider for Third Party Software or
for any equipment; it is your sole responsibility to determine if you
require additional rights for us to provide such support and if so, to
acquire such rights. You acknowledge that support of Third Party Software
or equipment by an unauthorized service provider may void any warranty
made by the supplier of such Third Party Software or equipment.
2.5.6 Your license to use the
Software and the Enuser Training Group Software shall remain in full force and
effect unless and until terminated by Enuser Training Group, its third party licensors,
providers or suppliers, or until your customer account is terminated.
Upon termination of your customer account for any reason, you must cease
all use of the Software and the Enuser Training Group Software and immediately
delete the Software and the Enuser Training Group Software from your computer.
2.5.7 Other Third Party Agreements:
As part of the Services, Enuser Training Group may suggest certain third party
services to you. If you choose to subscribe to or otherwise use any third
party services, your use of any such services is subject to the terms
of service of such third party service provider. You agree to comply with
such provider's terms of service and that the third party provider is
solely responsible for delivery of its service(s) to you and your use
of them. Third party services include, but are not limited to technical
support, portals, training, email and storage services that Enuser Training Group
may elect to make available from time to time. Violation of such third
party provider's terms of service may, in Enuser Training Group's sole discretion,
result in the termination of your customer account and use of service.
2.6 Term and Termination.
2.6.1 This Agreement goes into
effect upon your acceptance of this Agreement as set forth in Paragraph
1 and shall continue, subject to the terms of this Paragraph, until terminated
by either party as permitted by this Agreement. Billing for your remote,
or telephone computer support service will apply on an 'as used' basis.
2.6.2 Termination of Service.
2.6.2.1 Subscription Service.
If you subscription service customer, either you or Enuser Training Group may
terminate this Agreement without cause by giving fifteen (15) days written
notice to the other party. Activation or set-up fees paid at the initiation
of your service, if any, are not refundable. Termination by Enuser Training Group
shall be effective fifteen (15) days after the date of notice to you,
except as otherwise provided in this Agreement. In the event of termination
by Enuser Training Group, for any reason, you will be required to pay the remaining
balance of the charges applicable to your Service through the effective
date of termination.
2.6.2.2 Termination and/or
Suspension by Enuser Training Group. If, in the sole discretion of Enuser Training Group:
(a) you are in breach of any of the terms of this Agreement (including
but not limited to all policies regarding abuse and acceptable use of
the Service) or any license for Third Party Software; (b) your use of
the Service is prohibited by law or is disruptive to, adversely impacts
or causes a malfunction to the Service, Enuser Training Group 's network, or the
use and enjoyment of other users; (c) Enuser Training Group receives an order
from a court to terminate your Service; (d) if Enuser Training Group for any reason
ceases to offer the Service; (e) if you are no longer a Enuser Training Group
customer, or (f) Enuser Training Group determines that you are abusing the Service
or using the Service excessively then, Enuser Training Group at its sole election
may terminate or suspend your Service immediately without notice.
2.6.2.3 Terminated Account.
Enuser Training Group, in its sole discretion, may refuse to accept your request
for service, renewal or re-subscription following a termination or suspension
of your use of the Service.
2.7 Pricing and Payment.
2.7.1 Pricing and Fees. Enuser Training Group fees and charges for the Service(s) you select are supplied to
you during the ordering process and are available on the Enuser Training Group
website unless otherwise provided for in this Agreement. You agree to
pay the charges applicable to your selected Service plan, as well as any,
applicable taxes and other charges including but not limited to activation
fees, minimum service fees, no-show fees, fail to cancel fees, termination
fees, other nonrecurring charges and set-up fees. You also agree to pay
any additional charges or fees applied to your billing account for any
reason, including but not limited to, interest, and charges due to insufficient
credit or insufficient funds. Set up fees, activation fees, installation
fees and other non-recurring fees, if applicable, will be included in
your first bill. Monthly recurring charges (subscription plans) will be
billed one month in advance; usage charges will be billed in arrears,
and pre-purchase plans will be billed in advance, if applicable. Enuser Training Group or its agent will bill you directly, or charge your credit card,
as you request and as approved by Enuser Training Group. Enuser Training Group does not
accept debit cards for payment of any charges or fees. Enuser Training Group reserves
the right to charge service fees to a customer's credit card up to four
(4) weeks after the conclusion of service.
2.7.2 Discontinuation of Service
for Nonpayment. Service to you may be denied or discontinued without notice
at any time in the placement of Service charges on your credit card, or
your credit card provider denies or discontinues providing credit to you
for any reason, or you fail to make payment when due or provide us with
a new credit card expiration date before the existing one expires.
2.7.3 Local telephone, Toll
and Long Distance Charges. Whether you are accessing the Service from
your home or away from your home, you are responsible for all telephone
charges.
2.7.4 Change in Service. You
have the option to change your Service(s) at any time by notifying us,
provided that you qualify for and comply with any requirements of the
changed Service. Two (2) weeks written notice is required to change your
service to a new address or a change in service plans.
2.7.5 Missed Appointments.
If you do not contact Enuser Training Group a minimum of two (2) hours prior to
your appointment to cancel or otherwise reschedule your appointment (call
back), you will be charged, at Enuser Training Group's option, a missed appointment
(call back) fee according to the following schedule: Remote Computer Support:
$50 service fee added to your monthly subscription.
2.7.6 Service without Resolution.
Enuser Training Group will make every reasonable attempt to troubleshoot, analyze,
assess, correct or otherwise fix your computer or network problem. If
Enuser Training Group is unable to resolve your computer problem, you will still
be liable for charges for time spent by Enuser Training Group in an attempt to
correct a problem.
2.7.7 Waiver. The waiver of
any fees or charges lies solely at the discretion of Enuser Training Group.
2.8 Limitations on Use of the
Service.
2.8.1 You agree that your use
of the Service and the Internet, without limitation, is your sole responsibility,
is solely at your own risk, and you will comply with all applicable local,
state, national and international laws and regulations.
2.8.2 You agree that the Internet
is not owned, operated or managed by, or in any way affiliated with Enuser Training Group and Enuser Training Group is not responsible and has no control over the
information, content or other materials, some of which may be offensive,
malicious or destructive in nature, which may be accessed through use
of the Service. You further agree that Enuser Training Group does not own or control
all of the various facilities and communications lines through which service
may be provided, nor does Enuser Training Group guarantee access to or through
websites, servers or other facilities on the Internet, whether or not
such facilities are owned or controlled by Enuser Training Group.
2.8.3 You agree that Enuser Training Group cannot and does not guarantee or warrant that data available for
downloading through the Service will be free of defects, infection or
viruses, worms, Trojan horses or other code that manifest contaminating,
malicious or destructive properties. You are responsible for implementing
adequate procedures to satisfy your particular requirements for accuracy
of data input and output and for maintaining a means external to the Service
for the reconstruction of any lost data.
2.8.4 You agree that the Internet
is not a secure network and that third parties may be able to intercept,
access, use, or corrupt the information you receive over the Internet.
Enuser Training Group is not responsible for invalid destinations, operating system
crashes, or corruption or security of your data.
2.8.5 You are not authorized
to use any Enuser Training Group name or mark (including 'Enuser Training Group') as a
hypertext link to any Enuser Training Group Web site or in any advertising, publicity
or in any other commercial manner without the prior written consent of
Enuser Training Group. You understand that your ability to link to a Web site
through the Service does not, in any way, represent or imply Enuser Training Group
's approval of, or its determination of the quality of that product or
service, and that links are provided for your convenience only. The links
provided through the Service are maintained by their respective organizations,
which are solely responsible for their content. Enuser Training Group Affiliates
may use the Enuser Training Group name and link to the Enuser Training Group web site
solely in accordance with the terms and conditions of the Enuser Training Group
Affiliate Program.
2.9 Warranties and Limitation
of Liability.
2.9.1 YOU ACKNOWLEDGE AND AGREE
THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE"
BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN
THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER
WARRANTY FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY Enuser Training Group AND/OR
ITS AUTHORIZED SERVICE PROVIDERS (BUT ONLY IF SUCH WARRANTY IS INCLUDED
WITH SUCH EQUIPMENT OR SOFTWARE), Enuser Training Group (AND ITS OFFICERS, EMPLOYEES,
PARENT, SUBSIDIARIES, AFFILIATES AND AGENTS), ITS THIRD PARTY LICENSORS,
PROVIDERS AND SUPPLIERS, INCLUDING GLOBAL SERVICE PROVIDERS (GSPS), DISCLAIM
ANY AND ALL WARRANTIES FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE,
TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING
FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO
ADVICE OR INFORMATION GIVEN BY PLUMCHOICE OR ITS REPRESENTATIVES SHALL
CREATE A WARRANTY. USE OF Enuser Training Group COMPUTER SUPPORT IS AT YOUR OWN
RISK AND IS NOT WARRANTED.
2.9.2 Enuser Training Group DOES NOT
WARRANT THAT THE SERVICE PROVIDED BY Enuser Training Group OR ITS AUTHORIZED SERVICE
PROVIDERS WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT
RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES,
WORMS, OR THE LIKE. Enuser Training Group SHALL NOT BE LIABLE FOR LOSS OF YOUR
DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION
OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE
AFFECT ITS PERFORMANCE. Enuser Training Group MAKES NO WARRANTY REGARDING ANY
TRANSACTIONS EXECUTED USING THE SERVICE OR THE INTERNET. Enuser Training Group
MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING
THE SERVICE OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND
RESPONSIBILITY FOR USE OF THE SERVICE AND THE INTERNET GENERALLY. DO NOT
USE THE SERVICE IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO
PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.
2.9.3 IN NO EVENT SHALL Enuser Training Group (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AFFILIATES OR
AGENTS), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, INCLUDING
GSPS, BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL
OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS
OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY
TO USE THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE
CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT,
TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF Enuser Training Group HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST
YOU BY ANY OTHER PARTY.
2.9.4 ALL LIMITATIONS AND DISCLAIMERS
STATED IN THIS PARAGRAPH ALSO APPLY TO Enuser Training Group's THIRD PARTY LICENSORS,
PROVIDERS AND SUPPLIERS, INCLUDING GSPS, AS THIRD PARTY BENEFICIARIES
OF THIS AGREEMENT.
2.9.5 ANY RIGHTS OR LIMITS
STATED HEREIN ARE THE MAXIMUM FOR WHICH Enuser Training Group (AND IT’S OFFICERS,
EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), Enuser Training Group's THIRD
PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GSPS, ARE COLLECTIVELY
RESPONSIBLE.
2.9.6 THE REMEDIES EXPRESSLY
SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU
MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS),
WHICH DO NOT ALLOW OR LIMIT THE EXCLUSION OF IMPLIED WARRANTIES, OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
OUR EXCLUSIONS OR LIMITATIONS APPLY TO YOU TO THE MAXIMUM EXTENT ALLOWED
BY APPLICABLE LAW.
2.9.7 Enuser Training Group RESERVES
THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU
PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE OR FOR YOUR BREACH OF
THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)
2.10 Indemnification. You agree
to defend, indemnify and hold harmless Enuser Training Group from and against
all liabilities, costs and expenses, including reasonable attorney's fees,
related to or arising from: (a) any violation of applicable laws, regulations
or this Agreement by you (or any parties who use your account, with or
without your permission, to access the Service); (b) the use of the Service
or the Internet of any message, information, software or other materials
on the Internet by you (or any parties who use your account, with or without
your permission, to access the Service); (c) negligent acts, errors, or
omissions by you (or any parties who use your account, with or without
your permission, to access the Service); (d) injuries to or death of any
person and for damages to or loss of any property, which may in any way
arise out of or result from or in connection with this Agreement, except
to the extent that such liabilities arise from the active negligence or
willful misconduct of the other party; or (e) claims for infringement
of any intellectual property rights arising from the use of the Service,
Software, or the Internet.
2.11 Notices.
2.11.1 Notices required under
this Agreement by you shall be provided to the Enuser Training Group Customer
Service Department. Notices by Enuser Training Group to you shall be deemed given:
(a) when sent to your registered email address, or (b) when deposited
in the United States mail or Canada Post addressed to you at last-known
address or (c) when hand delivered to your home, as applicable. Notice
of changes to this Agreement and these Terms of Service will be deemed
given upon posting to the pages on the Website.
2.11.2 With regard to electronic
communications, you and Enuser Training Group further agree that: (a) the User
ID and/or alias of a sender, contained in an electronic communication
("email"), is legally sufficient to verify the sender's identity and the
authenticity of the communication; (b) an email sent containing your User
ID and/or alias establishes you as its originator and has the same effect
as a document with your written signature on it; and (c) an email or any
computer printout of it, is a valid proof of the validity of the original
content of the electronic communication.
2.12 General Provisions.
2.12.1 All obligations of the
parties under this Agreement, which, by their nature, would continue beyond
the termination, cancellation or expiration of this Agreement, including
by way of illustration and not limitation, those clauses relating to Software
Licenses, Warranties and Limitation of Liability, and Indemnification,
shall survive such termination, cancellation or expiration.
2.12.2 Enuser Training Group will not
be liable for delays, damages or failures in performance due to causes
beyond its reasonable control, including, but not limited to, acts of
a governmental body, acts of God, acts of third parties, fires, floods,
strikes or other labor-related disputes, of other things we do not control,
or an inability to obtain necessary equipment or services.
2.12.3 You agree not to assign
or otherwise transfer, this Agreement in whole or in part, including the
Software or your rights or obligations under it. Any attempt to do so
shall be void. We may assign all or any part of this Agreement without
notice and you agree to make all subsequent payments as directed.
2.12.4 You and Enuser Training Group
agree that the substantive laws of the United States and Canada, without
reference to its principles of conflicts of laws, will be applied to govern,
construe and enforce all of the rights and duties of the parties arising
from or relating in any way to the subject matter of this Agreement. YOU
AND Enuser Training Group CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND
VENUE IN A COURT LOCATED IN PROVINCE OF ONTARIO, FOR ANY SUITS OR CAUSES
OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT
MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required
by law, including international laws relating to consumer transactions,
any cause of action or claim you may have with respect to the Service
must be commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred.
2.12.5 Use, duplication or
disclosure by any Government entity is subject to restrictions set forth,
as applicable, in subparagraphs (a) through (d) of the Commercial Computer-Restricted
Rights clause at FAR 52.227-19, FAR 12.212, DFARS 227.7202, or in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software clause
of DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement.
Contractor/manufacturer is Enuser Training Group or its licensors and suppliers.
The use of Software and documentation is further restricted in accordance
with the terms of this Agreement.
2.12.6 In the event of a conflict
between this Agreement and any applicable tariff, the tariff shall prevail.
We reserve the right to modify the Service to reflect any change in any
applicable tariff or underlying network service or component affecting
the Service.
2.12.7 Enuser Training Group's failure
at any time to insist upon strict compliance with any of the provisions
of this Agreement in any instance shall not be construed to be a waiver
of such terms in the future. If any provision of this Agreement is determined
to be invalid, illegal or unenforceable, the validity, legality, and enforceability
of the remaining provisions shall not in any way be affected or impaired
thereby, and the unenforceable portion shall be construed as nearly as
possible to reflect the original intentions of the parties.
2.12.8 This Agreement, including
all Attachments and all other policies posted on the Website, which are
fully inCorporated into this Agreement either by attachment or by reference,
constitutes the entire agreement between you and Enuser Training Group with respect
to the subject matter hereto and supersedes any and all prior or contemporaneous
agreements whether written or oral. Any changes by you to this Agreement,
or any additional or different terms in your purchase orders, acknowledgements
or other documents, written or electronic, are void.
3. OWNER OF THE Enuser Training Group
WEBSITE AND THE Enuser Training Group BRAND. The Enuser Training Group brand and the Enuser Training Group Website are owned and operated by Enuser Training Group.All references
to "Enuser Training Group," the "Enuser Training Group Website," "us," "we," and "our"
are references to Enuser Live. In some instances, Enuser Training Group
may use an authorized third party to perform the Services under the Enuser Training Group brand.