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Terms of Service
Terms of Service 1. Acknowledgment and Acceptance of Terms of Service The critterpost.com Email Service and the software associated therewith (collectively, the "Service") is owned an operated by EnterGroup. The critterpost.com Email Service is provided to you (the "Member") under the terms and conditions of this EnterGroup Terms of Service agreement and any operating rules or policies that may be published by EnterGroup from time to time ("EGTS"). The EGTS comprises the entire agreement between Member and EnterGroup and supersedes all prior agreements between the parties regarding the subject matter contained herein. 2. Description of Service EnterGroup is providing Member with a capability to send and receive electronic mail ("E-mail") via the World Wide Web and on EnterGroup's own system. Member must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web, and (2) provide for Member’s own access to the World Wide Web and pay any telephone or other connection and service fees associated with such access. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. Subject to the terms and conditions of the EGTS, EnterGroup grants Member a non-exclusive, non-transferable, limited license to use any software delivered by EnterGroup to Member for using the Service solely for such purpose and for the term of this agreement. You understand and agree that the Service is provided "AS-IS" and that EnterGroup assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Member agrees to: (1) provide certain current, complete, and accurate information about Member as prompted to do so by the Service and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data ("Registration Data"). Member grants EnterGroup the right to disclose to their parties certain Registration Data about Member and Service membership in the aggregate; however such disclosures shall exclude Member-specific name, mailing address, E-mail address, account and phone number information unless: (1) Member expressly agrees such information may be disclosed, or (2) EnterGroup is required to disclose such information by any applicable law, agency, or legal process. If any information provided by Member is inaccurate, EnterGroup retains the right to terminate Member’s membership and rights to use the Service. If EnterGroup has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EnterGroup has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). 3. Modifications to Terms of Service EnterGroup may change the terms and conditions of the EGTS from time to time without notice to you. You can review the most current version of the TOS at any time in our website. Member’s continued use of the Service constitutes an affirmative acknowledgment by Member of the EGTS, including without limitation any modifications or changes thereto. 4. Modifications to the Service EnterGroup reserves the right to modify or discontinue the Service, or any portion thereof, with or without notice to Member. EnterGroup shall not be liable to Member or any third party should EnterGroup exercise its right to modify or discontinue the Service. 5. Member Account, Password and Security You will receive a password and account designation upon completing the Service's registration process. Member is entirely responsible for maintaining the confidentiality of Member’s password and account. Furthermore, Member is entirely responsible for any and all activities which occur under Member’s account and agrees to indemnify, defend, and hold harmless EnterGroup for any liability or expense arising from such use or misuse. Member agrees to immediately notify EnterGroup or critterpost.com of any unauthorized use of Member’s account or any other breach of security known to Member. You are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify EnterGroup of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. EnterGroup cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. Member may change his or her password by following instructions on the System; Member may also set up a new account and close an old one in accordance with directions on the System. EnterGroup is concerned about the safety and privacy of all its users, particularly children. By adding a child to an EnterGroup Account, you also give your child permission to access all of the Services including email. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content are appropriate for your child. 6. EnterGroup Privacy Policy Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at the homepage of the EnterGroup Network site you are visiting. 7. Disclaimer of Warranties MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EnterGroup MAKES NO WARRANTY THAT THE SERVICE WILL MEET MEMBER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES EnterGroup MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. EnterGroup EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER’S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. EnterGroup MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM EnterGroup OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO MEMBER. 8. Limitation of Liabilities EnterGroup WILL NOT BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF EnterGroup HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO MEMBER. 9. No Resale or Commercial Use of the Service Member’s right to use the Service is personal to Member. MEMBER MAY ONLY BE AN INDIVIDUAL: Member may not be a corporation or other business entity. Member agrees not to resell or make any commercial use of the Service, without the express consent of EnterGroup. 10. Email Message Storage and Other Limitations EnterGroup assumes no responsibility for the deletion or failure to store, deliver, or timely deliver Email messages. You acknowledge that EnterGroup may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on EnterGroup's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that EnterGroup has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that EnterGroup reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that EnterGroup reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 11. Member Conduct Member is solely responsible for the contents of his or her transmissions through the Service. Member’s use of the Service is subject to all applicable local, state, national and international laws and regulations. Member agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policiescand procedures of networks connected to the Service. The Service makes use of the Internet to send and receive certain messages; therefore,Member’s conduct is subject to Internet regulations, policies and procedures. Attempts to gain unauthorized access to other computer systems are prohibited. Member shall not interfere with another Member’s use and enjoyment of the Service or another entity’s use and enjoyment of similar services. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not EnterGroup, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. EnterGroup does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will EnterGroup be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to: a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b. harm minors in any way; c. impersonate any person or entity, including, but not limited to, a EnterGroup official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense l. "stalk" or otherwise harass another; or m. collect or store personal data about other users. You acknowledge that EnterGroup does not pre-screen Content, but that EnterGroup and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, EnterGroup and its designees shall have the right to remove any Content that violates the EGTS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by EnterGroup or submitted to EnterGroup, including without limitation information in EnterGroup Message Boards and in all other parts of the Service. You acknowledge and agree that EnterGroup may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the EGTS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of EnterGroup, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. EnterGroup MAY, AT ITS SOLE DISCRETION, IMMEDIATELY TERMINATE SERVICE SHOULD MEMBER’S CONDUCT FAIL TO CONFORM WITH THESE TERMS AND CONDITIONS OF THE EGTS. 12. Special Admonitions for International Use Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 13. Indemnification Member agrees to indemnify and hold EnterGroup, its parents, subsidiaries, affiliates, co-branders, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Member’s use of the Service the violation of this EGTS by Member, or the infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or other right of any person or entity. 14. Termination You agree that EnterGroup, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if EnterGroup believes that you have violated or acted inconsistently with the letter or spirit of the EGTS. EnterGroup may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this EGTS may be effected without prior notice, and acknowledge and agree that EnterGroup may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that EnterGroup shall not be liable to you or any third-party for any termination of your access to the Service. Upon termination of the Service, Member’s right to use the Service and Software immediately ceases. Member shall have no right and EnterGroup will have no obligation thereafter to forward any unread or unsent messages to Member or any third party. 15. Notice All notices to a party shall be in writing and shall be made either via E-mail or conventional mail. EnterGroup may broadcast notices or messages through the Service to inform Member of changes to the EGTS, the Service, or other matters of importance; such broadcasts shall constitute notice to Member. 16. Participation in Promotions of Advertisers Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions,including the delivery of and the payment for goods and services, and any other terms,conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. EnterGroup assumes no liability, obligation or responsibility for any part of any such correspondence or promotion. 17. Links The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because EnterGroup has no control over such sites and resources, you acknowledge and agree that EnterGroup is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that EnterGroup shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. 18. Special Admonition for Services Relating to Financial Matters If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 7 and 8 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. EnterGroup and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information. 19. TRADEMARK INFORMATION EnterGroup, EnterGroup logos, EnterGroup in and other languages trademarks and service marks, and other EnterGroup logos and product and service names are trademarks of EnterGroup.com Ltd. (the "EnterGroup Marks"). Without EnterGroup's prior permission, you agree not to display or use in any manner, the EnterGroup Marks. 20. Property Rights to Content Member acknowledges that content, including but not limited to text, software, music,sound, photographs, video, graphics or other material contained in either sponsor advertisements or E-mail-distributed, commercially produced information presented to Member by the Service ("Content") by EnterGroup or EnterGroup’s suppliers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser. Except as expressly permitted by law, Member agrees not to disassemble or otherwise reverse engineer any of the software of the Service for any reason, or permit any third party to do so. 21. General This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of the State of Florida as those laws are applied o contracts entered into and to be performed entirely in Florida by Florida residents. Any suit or proceeding arising out of or relating to this Agreement shall be commenced in a federal court of Florida or in state court in Florida, and each party irrevocably submits to the jurisdiction and venue of such courts. No right may be assigned, and no duty may be delegated, by either party under this Agreement except upon the written consent of the other party and any attempted assignment and delegation without such consent shall be void and without effect. Notwithstanding the foregoing, however, EnterGroup shall be entitled to assign this agreement, and all rights and obligations hereunder, to a successor to all or substantially all of its assets, whether by sale, merger or otherwise. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs,administrators, successors and permitted assigns except as otherwise provided herein. If any provision(s) of the EGTS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. In the event any provision of this Agreement is held to be invalid or unenforceable,the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effect. Anv waiver (express or implied) by either party of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach. No provision of the Agreement will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorized officer of the waiving party. Member and EnterGroup agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the EGTS are solely used for the convenience of the parties and have no legal or contractual significance. 22. VIOLATIONS Please report any violations of the EGTS via email to legal@entergroup.com
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