TERMS AND CONDITIONS
Enporion, Inc. ("Enporion") is happy to welcome you to the
Enporion Market site market.enporion.com ("Site"). By using the Site,
you agree to the terms and conditions on this Site ("Terms and Conditions").
Enporion may revise the Terms and Conditions at any time by updating this
posting. You should check this page periodically for the most current
Terms and Conditions, as your use of the Site binds you to the Terms and
Conditions.
USER WITH EXISTING AGREEMENT WTH ENPORION
These Terms and Conditions govern the publicly available section of the
Site. If you are a Buyer or Supplier with an existing written agreement
with Enporion in connection with your use of the Site ("Existing
Agreement"), the Existing Agreement shall govern.
OWNERSHIP AND PROPRIETARY RIGHTS
Enporion is the owner and operator of this Site. All content included
on this Site, such as text, graphics, logos, button icons, images, audio
clips, taglines, photos, video, and software is the property of Enporion
or its Suppliers or Buyers or others, and protected by applicable U.S.
and international service mark, trademark, and copyright laws. The compilation
(meaning the collection, arrangement, and assembly) of all content on
this Site is the exclusive property of Enporion and protected by applicable
U.S. and international service mark, trademark, and copyright laws. All
software on this Site is the property of Enporion or its technology providers
and is protected by applicable U.S. and international service mark, trademark,
and copyright laws. All rights are reserved. The content and software
on this Site may be used as a business resource. Any other use, including
reproduction, modification, distribution, transmission, republication,
display or performance, of the content on this Site is strictly prohibited.
USE OF SITE
Enporion authorizes you to use the Site for lawful purposes only. Enporion
may modify this Site at any time, including the equipment needed for access
or use of the Site. Enporion has endeavored to ensure the accuracy, availability
and completeness of the content on the Site. Enporion does not guarantee
or give any warranty as to the accuracy, timeliness, completeness, or
accuracy of any material or information on the Site. Users are prohibited
from violating or attempting to violate the security of the Site. Users
are prohibited from using any device, software, or routine to interfere
or attempt to interfere with the proper working of the Site or any activity
being conducted on the Site. Enporion, reserves the right, in its sole
discretion, to restrict, limit, or terminate your use of or access to
this Site, and/or pursue all of its legal remedies for any breach of these
Terms and Conditions.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY ENPORION ON AN "AS IS" BASIS. ENPORION
SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR
A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS OR SERVICES, AND WITH
RESPECT TO USE OF ANY OF THE PRODUCTS OR SERVICES PROVIDED THROUGH THE
SITE. ENPORION DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR
ERROR FREE.
IN NO EVENT SHALL ENPORION HAVE ANY LIABILTY ARISING OUT OF OR RELATED
TO USERS' USE OF THE SITE OR USE OF THE PRODUCTS OR SERVICES. IN NO EVENT
SHALL ENPORION, ITS LICENSORS, SUPPLIERS, DIRECTORS, OFFICERS, OR PERSONNEL
HAVE ANY LIABILTY TO ANY OTHER PARTY FOR ANY DAMAGES, INJURIES OR OTHERWISE,
OR FOR ANY DIRECT OR INDIRECT, ACTUAL, SPECIAL OR INCONSEQUENTIAL DAMAGES,
HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY AND WHETHER OR NOT SUCH
PARTY HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGE. THIS DISCLAIMER
ALSO APPLIES TO ANY AND ALL DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, INTERRUPTION, DELETION, DELAY, NONDELIVERY OF CONTENT, ERROR,
COMPUTER VIRUS, UNAUTHORIZED ACCESS, ALTERATION, OMISSION, USE OF THIS
SITE, OR INABILITY TO USE THIS SITE. TO THE EXTENT THAT ANY AND ALL LIABILTY
CANNOT BE DISCLAIMED, OR WARRANTIES DISCLAIMED, IN NO EVENT SHALL THE
LIABILTY EXCEED THE FEES PAID BY USER.
PRIVACY
Before using this Site, please refer to and carefully read the Privacy
Policy. By using this Site, you agree to the Privacy Policy.
APPLICABLE LAW
This Site is created and controlled by Enporion and as such, the laws
of the State of Florida will govern, without giving effect to any principles
of conflict of laws. Any disputes shall be brought in the applicable courts
located in the Tampa, Florida. You consent and submit to the personal
jurisdiction of such courts.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Enporion and its officers,
directors, shareholders, members, and affiliates from and against any
and all claims, actions, demands, or damages and expenses, including reasonable
attorneys fees, arising out of your use of this Site, your failure to
comply with applicable laws and regulations, or your breach of these Terms
and Conditions.