PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By accessing this web site, the User agrees to be bound by the Terms and Conditions listed below. These Terms and Conditions are subject to change. Such changes will be incorporated into the Terms and Conditions posted on this web site from time to time. If the User does not agree with these Terms and Conditions, please DO NOT access this web site.
Enriched Cloud Computing, LLC (aka: 'ECC') maintains this web site as a courtesy to those who may choose to access the site ('User'). The information presented herein is for informative purposes only. ECC grants permission to Users to visit the site and to download and copy the information, documents and materials (collectively, "Materials") from the site for the User's personal, non-commercial use, unless authorized as a reseller, without any right to resell or redistribute them or to compile or create derivative works therefrom, subject to the terms and conditions outlined below, and also subject to more specific restrictions that may apply to specific Material within this Site.
ECC reserves its exclusive right in its sole discretion to alter, limit or discontinue the Site or any Materials in any respect. ECC shall have no obligation to take the needs of any User into consideration in connection therewith. ECC reserves the right to deny in its sole discretion any user access to this Site or any portion thereof without notice. No waiver by ECC of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative.
ECC reserves the right to terminate any and all web site offerings, discounts, promotions, transmissions, etc. without prior notice to the User. Nothing herein shall constitute or be considered to be a limitation upon or a waiver of the privileges and immunities of ECC, which are specifically reserved.
Under no circumstances will ECC be liable for any lost profits, lost opportunity or any indirect, consequential, incidental, special, punitive, or exemplary damages, arising out of any use or inability to use the web site or any portion thereof, regardless of whether ECC has been appraised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort, (including negligence) strict liability, or otherwise.
Unauthorized use of ECC's Websites and systems, including but not limited to unauthorized entry into ECC's systems, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited.
(i) Materials provided on this Site are provided 'as is', without warranty of any kind, either express or implied. ECC periodically adds, changes, improves or updates the Materials on this Site without notice. Under no circumstances shall ECC be liable for any loss, damage, liability or expense incurred or suffered that is claimed to have resulted from the use of this Site, including, without limitation, any fault, error, omission, interruption or delay with respect thereto. The use of this Site is at the User's sole risk. Under no circumstances, including but not limited to negligence, shall ECC or its affiliates be liable for any direct, indirect, incidental, special or consequential damages, even if ECC has been advised of the possibility of such damages.
(ii) The User specifically acknowledges and agrees that ECC is not liable for any conduct of any User. This site may contain advice, opinions and statements of various information providers. ECC does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider, any User of this Site or any other person or entity. Reliance upon any such advice, opinion, statement, or other information shall also be at the User's own risk. Neither ECC nor its affiliates, nor any of their respective agents, employees, information providers or content providers, shall be liable to any User or anyone else for any inaccuracy, error, omission, interruption, deletion, defect, alteration of or use of any content herein, or for its timeliness or completeness, nor shall they be liable for any failure of performance, computer virus or communication line failure, regardless of cause, or for any damages resulting therefrom.
The User acknowledges that ECC may disclose and transfer any information provided through this Website to (i) any company within the ECC Associate Network, its affiliates agents or information providers; (ii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. The User consents to the transmission, transfer or processing of such information to, or through, any country in the world, as ECC deems necessary or appropriate, and by using and providing information through this Website the User agrees to such transfers.
Information, Products and Services described, as well as, associated price, related sales tax, shipping rates, handling charges, delinquency of balance payments, etc. may differ among geographic locations. Not all products and services are offered at all locations. Some of the ingredients (ie: organic ingredients) are seasonal and subject to availability and the production may be limited or unavailable for a period of time. ECC or its suppliers may discontinue or make changes in the information, products and services described in this web site or in brochures, leaflets, marketing materials, etc. at any time, without prior notice and without any liability. Any dated information is published as of its date only, without ECC undertaking any obligation or responsibility to update or amend any such information.
Even though the web site and internet are accessible anywhere in the world, the offers and information provided in this web site by ECC are limited to only where legally permitted. By offering via this website information, products and services , no distribution or solicitation is made by ECC to any person or entity to use the web site or the information contained or the products and services offered in jurisdictions where the provision of the web site and such information, products and services is prohibited by law.
Being a US company, ECC strictly adheres to the regulations and mandates issued by the US State Department, US Customs and other governmental bodies with reference to prohibited parties, companies, countries, etc. ECC requires all its importers in the export markets to disclose the end-user BEFORE completing any transaction. Diversion of our products to those restricted by the US State Dept. is strictly prohibited. In case of any failure to disclose or any misuse or abuse of these terms, ECC has the full right to summarily withdraw further dealings and cannot be held liable for such termination. The revised US import-export regulations require advance clearance of any imported products as well as the vendors to be free from any links to prohibited parties. On occasion, the Federal Agencies may require us to submit proof of authenticity of funds that are remitted from outside the US and may require such disclosure in order to complete a transaction.
If this Site contains bulletin boards, chat rooms, access to mailing lists or other message or communication facilities (collectively, 'Forums'), the User agrees to register as required and use the Forums only to send and receive messages and materials that are proper and related to the particular Forum.
By way of example and not as a limitation, the User agrees that when using a Forum, he or she shall not do any of the following:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless the User owns or controls the rights thereto or has received all consents therefore as may be required by law;
Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer;
Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
Falsify the origin or source of software or other material contained in a file that is uploaded;
Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another user of a Forum that the User knows, or reasonably should know, cannot be legally distributed in such manner.
This Site may contain links and references to third-party web sites. The linked sites are not under the control of ECC, and ECC is not responsible for the content of any linked site or any link contained in a linked site. ECC provides these links only as a convenience, and the inclusion of a link or reference does not imply the endorsement of the linked site by ECC.
The User acknowledges that all Forums and discussion groups are public and not private communications. Further, the User acknowledges that chats, postings, conferences, e-mails and other communications by other Users are not endorsed by ECC, and that such communications shall not be considered to have been reviewed, screened or approved by ECC. The ECC reserves the right to remove, for any reason and without notice, any content of the Forums received from Users, including, without limitation, e-mail and bulletin board postings.
Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:
Hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
Overload of system capacities;
Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
Interruption (whether partial or total) of power supplies or other utility of service;
Strike or other stoppage (whether partial or total) of labor;
Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of ECC.
As a condition of use of this Site, the User agrees to indemnify ECC and its affiliates from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys' fees) arising out of the User's use of this Site, including, without limitation, any claims alleging facts that if true would constitute a breach by the User of these Terms and Conditions. If the User is dissatisfied with any Material on this Site or with any of its Terms and Conditions of Use, the User's sole and exclusive remedy is to discontinue using the Site.
Enforceability and Governing Law:
In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with ECC. The user's access to and use of the
http://www.enrichedcloud.com or http://www.enmegam.com Website, and the terms of this disclaimer are governed by the laws of the Commonwealth of Kentucky, USA.