Engage Anywhere LLC (“ENGAGE”, “us”, “we”, or “our”) offers a wide range of content, communication tools, forums, and information about its products and services (“Materials”) including via its website (https://www.engageanywhere.com). Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the ENGAGE website and the https://www.engageanywhere.com/ website (collectively, the “Service”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of these Terms, do not use the Service. Please note that we may, at its sole discretion, terminate your access to this website at any time without notice.
BY USING OUR SERVICE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND ANY AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. ADDITIONALLY, YOU REPRESENT THAT YOU ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT THE WEBSITE IS FOR GENERAL EDUCATIONAL PURPOSES ONLY AND THAT IT HAS NOT BEEN REVIEWED, DRAFTED BY OR IN CONJUNCTION WITH LICENSED ATTORNEYS AND IS NOT LEGAL ADVICE. YOU SHOULD CONSULT A LICENSED AND QUALIFIED ATTORNEY FOR LEGAL ADVICE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SERVICE. IF YOU DO NOT WISH TO ACCEPT THESE TERMS, YOU SHOULD NOT VISIT OR USE OUR SERVICE.
Limited Right to Use
The Service is owned and operated by ENGAGE. Unless otherwise specified, all materials provided by way of the Service are the property of ENGAGE and are protected by the copyright laws of the United States and, throughout the world by the applicable copyright laws. You may, view, print and/or download Materials from or associated with the Service for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. No materials published by ENGAGE on this website, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from ENGAGE. The use of any such materials on any other website or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws.
Trademarks and Service Marks
The trademarks, service marks and logos of ENGAGE and others used in the Service (“Trademarks”) are the property of ENGAGE and their respective owners. You have no right to use any such Trademarks, and nothing contained in the Service or these Terms grants any right to use (by implication, waiver or otherwise) any Trademarks without the prior written permission of ENGAGE, or the respective owner. ENGAGE and the ENGAGE logo are registered trademarks of ENGAGE Consulting. Other products, brands and trademarks are property of their respective owners/companies.
Some portions of the Service require payment of fees (the “Paid Services”). All fees are stated in United States dollars. You shall pay all applicable fees, as described in the applicable Services, in connection with such Services, and any related taxes or additional charges.
Paid Services are limited licenses for you to use particular for-pay aspects of the Service. Usage of terms like sell, sale, buy, purchase, or similar terms all refer to your acquisition of a license to use Paid Services, and do not represent any transfer of any right, title, or ownership interest of any kind. You may not relicense, resell, transfer, or exchange Paid Services within or outside of the Services, except as expressly allowed by the rules of those Paid Services.
We may, in our sole discretion, modify the functionality of, or eliminate, Paid Services, or the terms and conditions under which Paid Services are provided.
Purchases of Paid Services are final and non-refundable, except at ENGAGE’s sole discretion and in accordance with the rules governing each Paid Service. Termination of your account, license, or your rights under these Terms may result in forfeiture of purchased Paid Services.
ENGAGE may change its prices for Paid Services at any time. To the extent applicable, we will provide you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Paid Service and/or by sending you an email notification. If you do not wish to pay the new prices, you may choose not to purchase, or to cancel, the applicable Paid Service prior to the change going into effect.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, you represent and warrant that: (i) you own or have the right to use the Content and the right to grant us the rights and license to use such Content as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the intellectual property rights, privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you that you submit, post or display on or through the Service. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. Notwithstanding the foregoing, by posting Content by way of the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service.
ENGAGE has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of ENGAGE or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
As a condition to using certain of the Services and in order for us to provide them to you, you may be required to create an account (an ” Account“). When you create an Account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account.
You are responsible for maintaining the confidentiality of your Account and password, including but not limited to the restriction of access to your computer and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account, whether your password is with our Service or a third-party service. You must notify us immediately upon any actual or suspected loss, theft, breach of security, or unauthorized use of your Account or password.
You are expressly prohibited from using a username which infringes the intellectual property rights of any third party, ENGAGE, that is subject to any rights of another person or entity other than you, without appropriate authorization, or which is, in ENGAGE’s sole discretion, deemed offensive, vulgar or obscene.
Service Changes and Limitations
The Service may change in their form and functionality may change without prior notice to you. ENGAGE retains the right to create limits on and related to use of the Service in its sole discretion at any time with or without notice. ENGAGE may also impose limits on certain Service or aspects of the Service or restrict your access to parts or all of the Service without notice or liability. ENGAGE may change, suspend, or discontinue any or all portions of the Service at any time, including the availability of any product, feature, database, or Content. ENGAGE may also terminate or suspend Accounts at any time, in its sole discretion.
Links To Other Websites
Our Service may contain links to third party web sites or services that are not owned or controlled by ENGAGE. ENGAGE may provide these links as a convenience to you and in no way should this be interpreted as an endorsement of any company, Content or products to which it links.
ENGAGE has no control over, and assumes no responsibility for the Content, privacy policies, or practices of any third party web sites or services.
ENGAGE is not responsible for the Content of any linked site or any link contained in a linked site. ENGAGE 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 third party web sites or services.
If you decide to access any of the third party sites linked to this website, you do this entirely at your own risk. ENGAGE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account at any time prior to the end of your subscription period, you may simply inform email@example.com, and your subscription will not be renewed.
Upon termination of your access to or ability to use the Service, including but not limited to suspension of your account, your right to use or access the Service and any Content will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to ENGAGE or any third party and shall not relieve you of your rights if you are a user in the European Economic Area.
You agree to defend, indemnify and hold harmless ENGAGE and its licensees, licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms, or (c) Content posted on the Service.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENGAGE, its directors, employees, partners, agents, suppliers, or affiliates SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ENGAGE, ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES; (E) unauthorized access, use or alteration of your transmissions or Content; AND/OR (F) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ENGAGE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF ENGAGE AND THE ENGAGE AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
Disclaimer; Service Available on an “AS IS” Basis
Your access to and use of the Service or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, ENGAGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
ENGAGE its subsidiaries, affiliates, and its licensors make no representations or warranties of any kind with respect to the Service, including any representation or warranty that the use of the Service will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) function uninterrupted, secure or available at any particular time or location; (e) be free of any errors or defects or that any such errors or defects will be corrected; (f) the Service is free of viruses or other harmful components; (g) the results of using the Service will meet your requirements; or (h) be entirely secure or that the information you share with us will be secure. ENGAGE also makes no representations or warranties of any kind with respect to Content.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
If you have any questions about these Terms, please contact us via the information below.
Engage Anywhere, LLC
220 Winthrop Street, Suite 301
Winthrop, MA 02152