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Last Updated April 1st, 2019

TERMS AND CONDITIONS

 

EnHelix, Inc, a Delaware corporation and its subsidiaries (collectively, “Company”) is a software company offering products available on this website (the “Site”), subject to the following terms and conditions (“Terms”).

                                                                                                              

PLEASE READ THESE TERMS CAREFULLY BEFORE CLICKING “I AGREE TO THE TERMS AND CONDITIONS”. BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THE SITE.

 

  1. Purpose. “You” or “your” means you personally (i.e., the individual who reads and agrees to be bound by these Terms), and, if you access this Site on behalf of a corporation or other legal entity (including, but not limited to, a partnership, LLC or LLP), collectively, you and such corporation or other legal entity on whose behalf you access the Site.

 

No charge is made for your use of the Site (unless otherwise stated), although you should be aware that charges for Internet use may apply at rates determined by your provider. Company reserves the right to change the products, services, prices, and programs mentioned in this Site, at any time, at its sole discretion. 

 

Further, your use of this Site is subject to those additional terms and conditions provided by Company and, subject to Company’s sole discretion, applicable to certain information, products, and services offerings available through this Site. Such additional terms and conditions include, but are not limited to, license agreements, supplementary user agreements, and the Privacy Policy (collectively, “Additional Terms”). The Additional Terms are hereby incorporated by reference into these Terms (if there is any conflict between the Additional Terms and these Terms, the Additional Terms shall prevail with respect to the subject matter of such Additional Terms).

 

Company reserves the right to change these Terms, and provide you with notice of such change by posting the revised draft of the Terms on the Site or by other reasonable means selected by us. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the top of these Terms. Your continued use of the Site after such changes will indicate your acceptance of such changes.

 

Company further reserves the right to seek all remedies available by law and in equity for any violation of these Terms. Any rights not expressly granted herein are reserved by Company.

 

  1. Eligibility. If you are using this Site on behalf of a corporation or other legal entity, you represent that you are authorized to accept these terms and conditions on behalf of such corporation or other legal entity. Further, you acknowledge that you are 13 years of age or older, and, if under the age of 18, are using this Site under the active supervision of a parent, legal guardian, or other responsible adult. Individuals who are under the age of majority in their jurisdiction are not allowed to use this Site or transmit or otherwise submit personally identifiable information to Company.

 

  1. U.S.-Based Website. The Site is controlled and operated by Company from the United States, and, except as expressly set forth herein, is not intended to subject Company to the laws or jurisdiction of any state, country or territory other than that of the United States. Company does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to U.S. export controls and are responsible for any violations of such controls, including any U.S. embargoes or other federal rules and regulations restricting exports. Company may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction Company chooses, at any time and in Company’s sole discretion.  This includes creating a separate entity that may or may not be affiliated with blockchain (or the like) services.

 

  1. Information Submitted Through the Site. Your submission of information through the Site is hereby incorporated into these Terms by this reference. You represent and warrant that any information that you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information that you provide is or becomes false, inaccurate, obsolete or incomplete, Company may terminate your use of the Site.

 

  1. Purchases and Products. If you wish to purchase our products, for your convenience, we may provide third-party links on the Site where you can make such purchases. Please be aware that such arrangements may be hosted on the Site or on a sub-domain of the Site, and may be operated by a third party, and as such is governed by said third party’s website terms and conditions, not by these Terms and for which Company is in no way responsible or liable. We encourage you to read the terms and conditions of the web store prior to making any purchases. These Terms do not govern, and we are not responsible or liable for, your interaction with such web store.

 

Company reserves the right to limit the sales of our products to any person, geographic region or jurisdiction. Company may exercise this right on a case-by-case basis. Company reserves the right to limit the quantities of any products or services are offered. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Company. Company reserves the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 

Any purchaser must be 18 or older to purchase any item available for sale on this Site. Any payment for the goods, presented on our site, will automatically transform into a legally binding contract for the purchase and sale of goods or services. At the same time, Company disclaims all liability associated with health damage if it occurred as the result of proper or improper use of the product or service. Please do not purchase our items if you do not agree to the terms of this disclaimer.

 

  1. Disclaimer of Warranties. COMPANY AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSORS AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES MAKE NO REPRESENTATIONS ABOUT THE SITE, ANY PRODUCTS AND SERVICES CONTAINED ON THE SITE OR THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS, INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS SITE FOR ANY PURPOSE. THE SITE, ANY PRODUCTS OR SERVICES (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, AND ALL SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS ARE PROVIDED FOR YOUR USE AT YOUR OWN RISK AND “AS IS” WITHOUT WARRANTY OF ANY KIND. COMPANY AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE, SUCH PRODUCTS AND SERVICES AND SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

  1. Limitations of Liability. COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

  1. Monitoring.  You acknowledge and agree that Company reserves the right (but has no obligation) to do one or more of the following in Company’s discretion, without notice or attribution to you: (i) monitor Submissions as well as access to the Site; (ii) alter, remove, or refuse to post or allow to be posted any Submission; (iii) use said Submissions for any and all marketing purposes, to be defined by Company; and/or (iv) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect Company, its affiliates and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees, and the Site's users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose. Company disclaims any responsibility for content submitted by users on or through any area of the Site.

 

  1. Termination.  You agree that Company may, in its sole discretion, at any time for any reason or no reason, terminate your access to this Site and any account(s) you may have in connection with this Site, including if Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Company may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Company, its affiliates and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.

 

  1. Governing Law; Forum. If you have an existing contractual relationship with Company, the governing law and forum with respect to any disputes arising under or in connection with these Terms (including any of our policies referred to herein) and/or the Site will be the law and forum set forth in your existing contract with Company. If you have more than one existing contract with Company, the governing law and forum with respect to any disputes arising under or in connection with these Terms (including any of our policies referred to herein) and/or the Site will be the law and forum set forth in your most recent contract with Company.

 

If you do not have an existing contractual relationship with Company, then (a) you agree to the non-exclusive jurisdiction of an appropriate state court in Delaware, or an appropriate federal court located in Delaware for any action or proceeding arising out of or related to these Terms; and (b) except to the extent expressly provided in the following paragraph, any disputes arising under or in connection with these Terms (including any of our policies referred to herein) and/or the Site shall be governed by and construed in accordance with the laws of the State of California in the United States without regard to applicable conflict of law provisions. Specifically excluded from application to these Terms is that law known as the United Nations Convention on the International Sale of Goods.

 

If (i) you do not have an existing contractual relationship with Company; (ii) you are not a U.S. citizen; (iii) you do not reside in the United States; (iv) you are not accessing this Site from the United States; (v) the dispute between you and us is unrelated to your access to or use of the U.S. version of the Site and (vi) you are the citizen of a European Union country who is using the Site for purposes other than for your trade, business or profession, you hereby agree that any disputes arising under or in connection with these Terms (including any of our policies referred to herein) and/or the Site shall be governed by and construed in accordance with the laws of England and Wales, without regarding to applicable conflict of law provisions. Nothing herein shall be deemed to constitute consent by Company to the jurisdiction of any court or other forum of any country for the purpose of resolving any dispute hereunder (other than an appropriate state court in California or an appropriate federal court located in Los Angeles.

 

  1. Notices.  Notices to Company under these Terms shall be sufficient only if in writing and transmitted via personal delivery or delivered by a major commercial rapid delivery courier service or by certified or registered mail, return receipt requested. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in Company’s discretion. The Site may also provide notices of changes to these Terms or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

  1. Miscellaneous. These Terms contain the entire agreement between you and Company with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to this Site. You hereby acknowledge that you shall have no power or authority to assume or create any obligation or responsibility on behalf of Company. A party may only waive its rights under these Terms, by a written document executed by both parties. Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision hereof. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without Company’s express prior written consent. No provision of these Terms is intended for the benefit of any third party, and the parties do not intend that any provision should be enforceable by a third party either under the Contracts (Rights or Third Parties) Act 1999 or otherwise. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. Company will not be responsible for failures to fulfil any obligations due to causes beyond its control.

 

  1. Contact Company. If you have any questions regarding the meaning or application of these Terms, please direct such questions to support@enhelix.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with Company.

 

  1. Communications. When you visit the Site or send e-mails to us, you are communicating with us electronically. For contractual purposes, you consent to receive communications electronically from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 

  1. Limitations of this Agreement.  These Terms are not an employment contract. Neither Company nor you are obligated to any specific term of employment.  The Terms are limited to the subject matter of the restrictive covenants described herein.  Nothing in these Terms shall be deemed to create a partnership or agency between the Company and you.

 

  1. Severable Provisions.  The provisions are severable, and if any one or more provision(s) may be determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions and any partially unenforceable provisions to the extent enforceable shall nevertheless be binding and enforceable.

 

  1. Modifications.  Terms may be modified only by a writing executed by Company and you.

 

  1. Prior Understandings.  These Terms contains the entire agreement between you and Company with respect to the subject matter herein. These Terms supersede all prior understanding, agreements, or representations. 

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