Welcome to eNurture LLC, DBA e-Nurture.com and
eNurtureReferrals.com
Database Owners, Contributor and Sponsor
“Terms of Service Agreement”
This Terms of Use Agreement ("Terms" or "Agreement")
relates to your use of the website located at
e-Nurture.com (the "Site") and the
services provided by eNurture LLC, DBA e-Nurture.com and DBA
eNurtureReferrals.com (the "Services").
By registering with
eNurture LLC 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 newsletters 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/PractitionerRegistration.aspx?groupid=195.
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 eNurtures 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 newsletters to “Database Owner”
who in writing does not agree to allow a “Contributor” articles to “Database
Owner’s newsletter that contain only a “Database Owner’s header –
masthead”.
Once a Contributor adds an article to a Database Owner's newsletter, 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 eNurtures through the use of the Site will be maintained in accordance with
eNurture'
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 To 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 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 LIA