Terms of Use

Welcome to Enloop, an online business planning, scoring and funding Service for small and mid-size businesses. The Enloop Service and network (collectively,”Enloop”, the “Enloop Service”, or the “Service” is operated by Enloop, Inc. and its corporate affiliates (collectively, “us”, “we”, “our”, “Company”, or “Enloop”). By accessing www.enloop.com (collectively, the “Site”), you (the “user” or “you”) signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of Enloop. Your use of the Site constitutes your acceptance of the Terms of Use. It is your obligation to ensure that you have read, understand and agree to the most recent terms available on the Website.

Please read these Terms of Use (collectively the “Agreement” or “Terms of Use”) before using the Services offered by Enloop, Inc.. This agreement sets forth the legally binding terms and conditions for your use of the Service, and any other features, Content, or applications offered in connection with the Service. For purposes of the Terms of Use, the term “Content” includes, without limitation, any advertisements, advice, suggestions, blogs or forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Company or its partners on or through the Service.

We reserve the right, at our sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or Content) at any time. We may also impose limits on certain features and Services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use or Privacy Policy constitutes acceptance of those changes. If you do not agree to abide by these or any future Terms of Use, then do not continue to use or access the Service or the Site.

Use of Software and Service

Enloop grants you the right to access and use the Service via the Website with the particular user roles available to you according to your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.

Eligibility

Membership in the Service is void where prohibited by law. The Site is intended solely for users who are eighteen (18) years or older. It is not available to users who have been suspended or removed from the Service for any reason.

Registration Data

In consideration of your use of the Service and the Site, you agree to (a) provide accurate, current and complete information about yourself as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Enloop, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Company account.

As a condition to using certain aspects of the Service, you will be required to register and select a User Name (collectively “User Name”, “Name”, “User ID”, “ID”, “User Profile”, “Administrative Profile”), a password, and one or more Company Profile Name(s) (collectively “Company”, “Company Profile”, or “Company Profile Name”). You shall not (i) select or use as a User Name, password, or Company Profile Name the name or password of another person with the intent to impersonate that person; (ii) use as a User Name, password, or Company Profile Name the name or password subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User Name, password, or Company Profile Name the name or password that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Company password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Subscription

Company reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Site, in connection with such features. Company reserves the right to change its pricing and to institute new charges at any time. Use of the Service by you following such changes constitutes your acceptance of any new charges.

By subscribing to Enloop, you are automatically enrolled in Enloop's communication outreach services. These services include email communications, newsletter distribution and other services Enloop employs to disseminate information to members. You may unsubscribe at any time by clicking on the 'unsubscribe' link available in all distributed communication.

Termination

Enloop may terminate your membership, delete your profile and any Content or information that you have posted on the Site or through any platform application and/or prohibit you from using or accessing the Service or the Site or any platform application (or any portion, aspect or feature of the Service or the Site or any platform application) which may result in the forfeiture and destruction of all information associated with your membership, for any reason, or no reason, at any time in its sole discretion, with or without notice, effective immediately.

You can unsubscribe at any time. For each Monthly Membership a minimum period of 30 days is charged. For each Annual Membership a minimum period of 365 days is charged. No refund of any part of this paid membership is made if the member chooses to cancel a subscription during any time period of the term.

All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 



Disclaimer

The Service is meant as an aid to assist you in planning a business. It is not intended to provide legal, accounting, tax or financial advice. You acknowledge and agree that you are responsible for your own business research and business decisions, that the Service is only one tool that you may use as part of a comprehensive business analysis process that should involve many other tools and sources of information, that you should not rely on the Service, and that Enloop, Inc. will not be liable for any decision made or action taken by you or others based upon information or materials obtained through use of the Service.

Alerts

You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Company does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of any alert. You also agree that Company shall not be liable for any delays in delivery or failure to deliver 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.

Disclaimer of Warranties and Liability

Company makes no representations concerning any Content or analysis contained in, provided by or accessed through the Sites, and Company will not be responsible or liable for the reliability, timeliness, quality, suitability, availability, accuracy, completeness, copyright compliance, legality or decency of any Content, analysis or material contained in or accessed through the Site. You should independently verify all Content and other information that you access through the Service. By using the Service, you agree that Company shall not be responsible for (1) any Content or analysis, (2) any person’s reliance on any such Content or analysis, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Content or analysis or otherwise as a result of your use of the Service. Your use of or reliance on any Content or analysis is at your own risk.

Any material or information accessed, downloaded, or otherwise obtained through the use the Service is provided "as is" and ‘as available” without any express or implied warranty of any kind, including warranties of prompt or proper delivery, retention of any user information or communications provided to or display by Service, merchantability, accuracy, fitness for a particular purpose, or non-infringement. In no event will Enloop, Inc. be liable to any party for any damages of any kind, including but not limited to direct, indirect, special or consequential damages for any use of this Site, any Content, analysis, or data generated by this Site, or any linked Site including, without limitation, lost profits, loss of use, business interruption, loss of programs or other data, whether in an action based on contract, negligence or other tortious action, even if Enloop, Inc. is expressly advised of the possibility of such damages. In no event will Enloop, Inc. warrant or guaranty the correctness, comprehensiveness, completeness, accuracy, timeliness, merchantability, existence, or fitness for any particular use or purpose of any information or any products or Services featured on this Site.

Enloop, Inc. makes no warranty that the Service will meet your requirements, the Service will be uninterrupted, timely, secure, or error-free, the results that may be obtained from use of the Services will be accurate or reliable, the quality of any products, Services, information, or other material generated by the Service, or purchased or obtained by you through the Service will meet your expectations, and any errors in the software or Service will be corrected.

Downloading data from the Service is done at your own discretion and risk. You are solely responsible for any damage to your computer system or loss of data that results from accessing or downloading of any material.

No advice or information, whether oral or written, obtained by your from us or through or from the Service shall create any warranty not expressly stated in these Terms of Use.

Copyright and Content Ownership; Limited License

All user content posted on the Service must comply with U.S. copyright law.

Enloop, Inc. claims no intellectual property rights over the material (“User Content”) that you provide to the Service. Your profile and content uploaded remain yours. However, by setting your pages to be shared publicly and/or inviting others to view your account, you agree to allow others to view your User Content.

Enloop, Inc. does not pre-screen User Content but has the right (but not the obligation) in their sole discretion to refuse or remove any User Content that is available via the Service.

All non-User Content on the Site and available through the Service, including designs, text, graphics, pictures, video, data, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of Enloop, its users or its licensors with all rights reserved. Non-User Content may not be modified, copied, distributed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Enloop, Inc.‘s prior written consent.

You agree that the Service contains Content specifically provided by Company or its partners and that such Content is protected by copyrights, trademarks, Service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, reverse engineer, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right. Copying or storing of any Content is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content’s copyright notice.

The Site provides a blog and communication forums that are available to the public. By posting on the Site’s blog and forums you agree to be solely responsible for the Content of all information you contribute, link to, or otherwise upload to the Site, and release Company from any liability related to your use of the Site.

Company reserves the right to remove any Content from the Site at any time, for any reason, or for no reason at all.

Trademarks

Enloop's trademarks and trade dress may not be used in connection with any product or Service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Enloop.

User Conduct

You understand and agree not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) post any Content on or through the Service, that:

  • Are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
  • Use Enloop for any illegal purpose, including but not limited to conspiring to violate laws.
  • Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present, including any employee or representative of Company.
  • Upload, post, email, transmit or otherwise make available any Content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • Upload, post, email, transmit or otherwise make available any Content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
  • 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. This prohibition includes but is not limited to a) Using the Service to send messages to people who don't know you or who are unlikely to recognize you as a known contact; b) Using the Service to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; c) Sending messages to distribution lists, newsgroup aliases, or group aliases, and d) unauthorized commercial activities and/or sales without Company’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • 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.
  • Stalk or harass anyone.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through Enloop.
  • Post Content in fields that aren't intended for that Content. Example: Putting an address in a name or title field.
  • Interfere with or disrupt the servers or networks connected to Enloop or disobey any requirements, procedures, policies or regulations of networks connected to the Service
  • Infringe any intellectual property or other proprietary right of any other person or entity;
  • Post any content that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
  • Install or cause to be activated any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party.

    Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites.

    You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder, or (iv) use or access the Service in order to build a competitive product or Service. You shall abide by all applicable local, state, national and international laws and regulations when using the Service.
     
Third Party Sites

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Sites. When you access third party websites, you do so at your own risk. These other websites are not under Company's control, and you acknowledge that Company is not responsible or liable for the Content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company 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 the use of or reliance on any such Content, goods or Services available on or through any such website or resource. Enloop makes no representations, warranties or endorsements with respect to any non- Enloop web Site which may be accessed from this Site. When you access a non-Enloop web Site, please understand that Enloop has no control over the Content or information at that Site. It is your responsibility to protect your system from such items as viruses, worms, Trojan horses and other destructive items.

Linking Policy

You are granted a limited, non-exclusive right to create a hypertext link to this Site provided that such link (i) does not portray Enloop and/or its affiliates or any of their respective products and Services in a false, misleading, derogatory or otherwise defamatory manner; and (ii) does not imply any sponsorship, approval, endorsement or affiliation of your web Site or products by Enloop. This limited linking right may be revoked at any time. You may not modify or alter the appearance or Content of the home page or Site, or use framing techniques to enclose any Enloop trademark, logo or other proprietary information, including the images found at this Site, the Content of any text or the layout/design of any page or form contained on a page without Enloop's express written consent. To obtain consent, please contact us. You are granted only a limited license and nothing herein shall grant to you any rights in or to (i) any Enloop Marks; (ii) the Content of the Site; (iii) user data or access to any user information; nor (iv) any other intellectual property or proprietary rights of Enloop, Inc.

Indemnification

You shall defend, indemnify, and hold harmless Company, its affiliates, employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to (i) your use or misuse of, or access to, the Sites, Service, Content, or otherwise from any Content that you post to the Sites, (ii) your violation of the Terms of Use, or (iii) infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses.

Limitation of Liability

In no event shall Enloop, nor its Directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Service (including, without limitation, any content) (I) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages or any kind whatsoever (however arising), (II) for any bugs, viruses, or the like (regardless of the source), (III) for your reliance on the service or (IV) for any direct damages in excess of (in the aggregate) One Hundred U.S. Dollars ($100.00).

Governing Law; Venue and Jurisdiction

By visiting or using the Site and/or the Service, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Enloop or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.

Arbitration

You and Enloop, Inc. agree that, except as may otherwise be provided in regard to specific services on the site in any specific terms applicable to those services, the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these terms of use, the site and/or the service (including your visit to or use of the site and/or the service (including your visit to or use of the site and/or the service) shall be final and binding arbitration, except that : (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be south; and (b) no disputes or claims relating to any transactions you enter into with a third party through Enloop may be arbitrated.

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Company agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

Integration and Severability

The Terms of Use are the entire agreement between you and Company with respect to the Service and use of the Sites, and supersede all prior communications (whether oral, written or electronic) between you and Company with respect to the Sites. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Company's prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect.