eNurture LLC Terms of Use Agreement

Welcome to eNurture, LLC

Database Owners, Contributor and Sponsor
“Terms of Use Agreement”

This Terms of Use Agreement ("Terms" or "Agreement") relates to your use of the website located at eNurture.com, e-Nurture.com, eNurtureReferrals.com, and HealthRalizations.com (the "Site") and the services provided by eNurture, LLC, DBA eNurture.com, DBA e-Nurture.com, DBA eNurtureReferrals.com, and Health Realizations (the "Services").

By registering with eNurture LLC “Services”, as a "Contributor" or "Database Owner" (as defined below) and by otherwise accessing or using the Site and/or Services, you agree to be bound by this Agreement.  You further agree, and expressly accept, the eNurture LLC General Terms and Conditions and Website Privacy Policy. https://www.eNurture.com/PrivacyPolicy.aspx . If, and to the extent any portion of the General Terms and Conditions and Website Privacy Policy conflict with this Agreement, the terms and conditions of this Agreement shall govern.

1.                  Database Owners, Contributors and Sponsors.

A “Database Owner” shall mean a registered member who uploads email addresses to the eNurture database for the purpose of having eNurture send eMagazine to all those in the Database Owner’s email database.  Each Database Owner shall have the option, in the Database Owner's sole discretion of selecting which newsletters will be sent to the Database Owner's designated recipients.

Each Database Owner represents and warrants that it has the right to upload information contained in the Database Owner's database, and that that sending newsletters to recipients contained in the Database Owner's database by eNurture, LLC or any third party, will not violate any laws or regulations, including any privacy policy of any third party or any privacy right of any individual, the U.S. CAN-SPAM Act or any other similar anti-spam law in any jurisdiction.  Each Database Owner shall be and shall remain, solely responsible for obtaining the necessary consents and permissions from each recipient contained in the Database Owner's database.

A “Contributor” shall mean a registered member who purchases a limited inclusion with “Database Owner’s” database for the benefit of submitting articles through the eNurture Site and Services.  Contributing articles does not guarantee that a Database Owner will select a Contributor's article for inclusion in that Database Owner's recipient list. 

A "Sponsor" is any registered member (including Database Owners and Contributors) that pays for portion of the Services.

Contributors and Sponsors shall not have any ownership or access rights in or to any Distributor Database.   Contributors and Sponsors acknowledge and agree that each database is the sole and exclusive property of the respective Database Owner.

2.                   Registration and Membership Requirements.

To register as a Database Owner, Contributor and/or Sponsor, complete the online registration form located at https://www.enurture.com/Registration/OwnerRegistration.aspx?groupid=862 . When creating your account, you must provide accurate and complete information.

Upon successful completion of the registration process, you will create and or receive a log-in and password which you may change at any time.  Each login and password is unique to each individual Contributor or Database Owner.  You agree to keep your login and password confidential and you shall not allow any third party to use your login and password for any purpose.

By registering with eNurture, you agree to pay the membership fees and such other fees communicated to you during the registration process.  Contributors and Sponsors shall be required to provide a valid credit card and authorize eNurture to charge membership fees and other fees to your credit card in connection with the Services.

You agree not to use any other registered member's account and you agree not to allow any other third party to use your account.

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify eNurture immediately of any breach of security or unauthorized use of your account.

Although eNurture Website will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of eNurture Website or others due to such unauthorized use.

3.                  Termination.

You may terminate your eNurture membership account at any time by clicking cancelation on the website or by calling eNurture Customer Service identifying your account security information. There are no refunds for any fees paid. YOU ARE SOLELY RESPONSIBLE FOR TERMINATING YOUR ENURTURE ACCOUNT AND THIS AGREEMENT. WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR eNURTURE ACCOUNT AND THIS AGREEMENT OR FOR ANY CREDIT CARD OR OTHER CHARGES OR FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ENURTURE ACCOUNT AND THIS AGREEMENT.

4.                   Rights of Database Owners, Contributors and Sponsors.

Each “Database Owner” agrees to allow a “Contributor” to add articles to a “Database Owner’s newsletter that contains a “Contributors header – masthead”.  Contributors may not add articles to eMagazine to “Database Owner” who in writing does not agree to allow a “Contributor” articles to “Database Owner’s eMagazine that contain only a “Database Owner’s header – masthead”.

Once a Contributor adds an article to a Database Owner's eMagazine, the Database Owner may accept or reject the Contributor's article.  If a Database Owner opts-out of Contributor article in a newsletter, that article will not be included with in the “Contributors header – masthead” of the Database Owner's newsletter(s) or along with the “Sponsor’s name, business hyperlink, email address, phone number and profile photo.” If Contributor’s article is not opted-out then Database Owner accepts Contributor’s article in a Database Owner's newsletter, that article will be included with the “Contributors header – masthead” of the Database Owner's newsletter(s) or along with the “Sponsor’s name, business hyperlink, email address, phone number and profile photo.”

Each Contributor expressly acknowledges and agrees that each “Database Owner” maintains the exclusive right to opt-out, delete or add comments to any article including those submitted with the Contributors header – masthead.

5.                   Modifications to the Site and Services.

eNurture reserves the right to modify in part or in whole, or temporarily or permanently discontinue the Site or Services for any reason and at any time without notice to you.

6.                   Content Availability.

Content available for download on the Site, whether provided by eNurture or a third party may be unavailable or subject to change without prior notice.  eNurture shall not be responsible or liable for the unavailability of, or changes made to, any content on the Site.  eNurture shall use commercially reasonable measures to make the Services and related content available during regular business hours, subject to reasonable downtown for updates and maintenance.

7.                   Disclosure and Use Of Your Content and Communications. 

Any information provided to eNurture by you, or collected by eNurture through the use of the Site will be maintained in accordance with eNurture’s Privacy Policy.  You agree to be solely responsible for providing accurate, current, and complete information about you as requested by eNurture or its affiliates or service providers.

8.                   Intellectual Property.

eNurture is the owner and/or authorized licensee of all trademarks, logos, service marks and trade names (collectively the "Trademarks") on the Site, and all copyrightable content and/or information on the Site.  Except as otherwise expressly provided herein, or pursuant to this Agreement, your use of the Site does not grant to you a license to any content or materials you may access on the Site.  Nothing contained on the Site should be construed as granting any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder.

9.                   Communications eNurture.

Any information you provide to eNurture, whether by email or otherwise, should not contain confidential information.  Please refer to our Privacy Policy with regard to how we handle your personal information.  With respect to all e-mails you send to us, including but not limited to feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.  eNurture does not and cannot review all communications and materials posted to or created by users accessing the Services (hereinafter, "User Generated Content"), and is not in any manner responsible for the content of the User Generated Content.  eNurture reserves the right to block or remove communications or materials that it determines to be in violation of our Community Guidelines or is offensive or otherwise unacceptable to eNurture in its sole discretion.

10.               Database Owner and Contributor Content.

The eNurture Site and Services allow registered members to upload content, such as database content, newsletter content, profile information and related information.  By uploading such content to the Site, you grant to eNurture an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, copy, distribute, publish, perform, sublicense, and create derivative works from all submissions you provide to us, in any media now known or hereafter devised for the sole purpose of providing Services to other registered members and to readers of newsletters or visitors to the Site. 

You further represent and warrant that you own the content uploaded to the Site or that you have obtained the necessary rights, permissions or licenses from the owner of such content. 

11.               Registered Member Conduct.

As a Registered Member, you agree not to:

• impersonate any person or entity or misrepresent your affiliation with any other person or entity;
• attempt to gain unauthorized access to other computer systems through the Site;
• obtain or attempt to obtain unauthorized access to computer systems, materials, information or any Services made available on or through the Site through any means;
• use the Site or the Services or features in violation of eNurture's or any third party's intellectual property or other proprietary, personal or legal rights;
• use the Site or the Services in violation of any applicable law;
• attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Services, or any content thereof, or make unauthorized use thereof;
• use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site;
• obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.

12.               No Warranties. 

ENURTURE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF THE SITE OR THE SERVICES MADE AVAILABLE ON THE SITE BY ENURTURE OR ANY THIRD PARTY.  ENURTURE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SITE OR THE SERVICE FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE, THE SITE'S CONTENT, AND THE SERVICE AT YOUR OWN RISK.  THE SITE AND THE SERVICE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS.  ENURTURE IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS.  ENURTURE RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITE AND THE SERVICE AT ANY TIME WITHOUT NOTICE.

13.               Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL THE ENURTURE, OR ANY OFFICER, DIRECTOR, OR AFFILIATE OF ENURTURE BE LIABLE TO ANY REGISTERED MEMBER FOR ANY DAMAGES WHATSOEVER, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, REGARDLESS OF THE LEGAL THEORY ASSERTED, EVEN IF THE ALLIANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY AND ENURTURE  EXCLUSIVE LIABILITY WITH RESPECT TO THE SERVICE AND THIS AGREEMENT SHALL BE TO DISCONTINUE YOUR USE OF THE SERVICE.  YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY AND EXCLUSION OF REMEDIES CONTAINED IN THIS AGREEMENT ARE A FUNDAMENTAL TERM OF THIS AGREEMENT AND ARE A MATERIAL INDUCEMENT FOR THE ALLIANCE TO ENTER INTO THIS AGREEMENT, ENTITLING THE ALLIANCE TO ENFORCE SUCH TERMS AGAINST YOU.

14.               Indemnification.

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the eNurture Content, the Site, or the Service.  eNurture shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.  eNurture reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

15.               Copyright / Trademark Compliance & Complaints