enTourage eDGe™ Store

Terms of Use

Welcome to the entourageedge.com website (the "entourageedge.com Site" or "Site"), a website owned and operated by Entourage Systems, Inc.

The terms and conditions stated below, along with the policies and guidelines located throughout the entourageedge.com Site (collectively herein the "Terms of Use") identify the terms governing the use of the Site and the services on the Site by you, ("you" or "User") (if acting in an individual capacity "you" or "User" means yourself, or, if acting as an authorized employee or representative of a business entity, "you" or "User" means yourself and such business entity) and your obligations to Entourage Systems, Inc., its affiliates and successors and assigns (together referred to herein as "entourageedge.com" or "we"), and/or persons who provide products or services to entourageedge.com customers either directly or through entourageedge.com ("entourageedge.com Providers"). By visiting any area on the entourageedge.com Site, creating an account, making a purchase via the entourageedge.com Site, joining any Entourage Systems, Inc. online interactive community, or otherwise joining, viewing, or posting information (all of the foregoing are sometimes referred to in this document as the "entourageedge.com Services"), you agree to the Terms of Use.

If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave the entourageedge.com Site immediately, and should not use any of the Services.

I. LICENSES AND RESTRICTIONS
entourageedge.com grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with entourageedge.com) of the contents of the entourageedge.com Site permitted to be accessed by entourageedge.com ("Content"). For purposes of clarity, this license to "Content" does not include content made available for download by subscription unless the User has purchased such download ("Downloaded Content") and does not include any Trademarks, as defined in Section II below). Additional terms and conditions apply to User Content, (as that term is defined at Section IX below) and to Downloaded Content.

The foregoing license rights do not include any rights to, and User may not:

Use the entourageedge.com Site, Content or Services to engage in activities that violate the Terms of Use, or terms of any other service provider, or otherwise violate applicable law;

modify, download (other than page caching and purchased Downloaded Content), distribute, or resell the Content or any portion or derivative work thereof;

commercially use the entourageedge.com Site, the Content or any portion thereof (unless User has a business relationship with entourageedge.com and then only to the extent expressly permitted);

copy or download any User's account or profile information for the benefit of any third party;

use any robot, spider, data miner, scraper or other automated means to access the entourageedge.com Site or its systems for any purpose;

probe, scan, bypass or attempt to bypass any entourageedge.com measures used to prevent or restrict access to any portion of the entourageedge.com Site;

engage in any conduct that has a negative effect on entourageedge.com or its Site, including, without limitation, overloading servers, generating unresolved third-party complaints, interfering or attempt to interfere with the proper working of the Site;

corrupt, hack, modify or otherwise tamper with this Site or the Services, or use the Site or Services to corrupt, hack, modify or otherwise tamper with any other site or to probe the vulnerability of any other site or services;

frame or utilize framing techniques to enclose any Content or Trademark (as defined below) or other proprietary information (including images, text, page layout, or form) of entourageedge.com;

use the entourageedge.com name or Trademarks in any meta tags, keywords or any other "hidden text;" or

compile, repackage, disseminate or otherwise sell data extracted from the entourageedge.com Site.

Any unauthorized use of the entourageedge.com Site, the Content or any portion or derivative work thereof shall result in the automatic termination of all licenses or permissions granted by entourageedge.com.

II. TRADEMARKS
entourageedge.com, and entourageedge.com Providers, own the trademarks or service marks, graphics, logos and trade dress that are used on the entourageedge.com Site ("Trademarks"). These Trademarks may not be used by you without prior written consent of entourageedge.com or its Providers, as the case may be. Without limiting the foregoing, no Trademark may be used in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits entourageedge.com.

III. CONTENT
Proprietary Rights
User acknowledges that the entourageedge.com Site Content and other information and materials, include copyrights, Trademarks, and other proprietary materials that are protected by law. All Content is copyrighted as a collective work under the U.S. copyright laws, and entourageedge.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, add to (other than as expressly permitted), publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit for profit any of the Content, in whole or in part. All rights not expressly licensed hereunder are reserved by entourageedge.com.

Third-Party Content
entourageedge.com is a distributor and not a publisher of Content supplied by third parties and Users. entourageedge.com has no editorial control over such Content. entourageedge.com is not obligated to review third party Content or User Content. Any opinions, advice, statements, services, offers, or other information that constitutes part of the Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of entourageedge.com or any entourageedge.com Provider, unless expressly stated otherwise.

Downloaded Content

If you purchase access to books, magazines and other works of authorship made available through the Site, your license to use and access such Downloaded Content is limited by the terms displayed at the point of purchase. You agree that you will not attempt to circumvent any digital rights management system or other similar technology included in the Downloaded Content.

IV. EXPORT
User agrees to abide by all applicable export laws and their regulations — including but not limited to the Export Administration Act and the Arms Export Control Act — and not to transfer, by electronic transmission or otherwise, any Content derived from the entourageedge.com Site to either a foreign national or a foreign destination in violation of such laws and regulations.

V. AGE OF USERS
entourageedge.com products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use the Site without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the Entourage Systems, Inc. websites, we will remove that information.

VI. SUSPENSION OR TERMINATION OF USAGE
entourageedge.com may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of the entourageedge.com Site including any account thereon, or take any other action it deems appropriate with regard to your use of the Site or Services without notice, without any ongoing obligation to you, and without refunding any fees you may have paid, including as a result of violation of the Terms of Use, or entourageedge.com's belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, entourageedge.com, any entourageedge.com Provider or another User. entourageedge.com reserves the right to make such a determination regarding User's alleged violation of the Terms of Use without demonstrating the validity of such opinion or suspicion, and under no circumstances will entourageedge.com be held liable for any such actions taken in good faith, regardless of whether the alleged misconduct is later proven to be unfounded.

VII. INDEMNITY
Upon request of entourageedge.com, User agrees to indemnify and hold entourageedge.com and each entourageedge.com Provider harmless from any claim or demand, loss or expense, including without limitation reasonable attorneys' fees, due to or arising out of such User's use of the entourageedge.com Site, the entourageedge.com Services, breach of the Terms of Use or User's violation of any law or the rights of a third party. entourageedge.com reserves the right to defend and/or settle any such claim, without affecting your obligation of indemnification.

VIII. PASSWORD AND ACCOUNT SECURITY
User is responsible for (i) keeping his or her account password confidential and secured, (ii) preventing unauthorized access to such User's computer; and (iii) providing true, complete and accurate information and keeping the e-mail address and other User contact information associated with that account current (so that User will receive messages from entourageedge.com about his or her orders and inquiries or other matters). User accepts full responsibility for all activities that occur within such User's entourageedge.com account or within the entourageedge.com interactive community with User's password.

IX. INTERACTIVE COMMUNITY
The entourageedge.com Site may offer opportunities for interactive activities, which enable Users to communicate with each other directly, save notes, or which enable Users to post information and other material that will be visible to other Users of those services ("Interactive Community"). The availability and scope of these services may change from time to time, with or without notice.

Interactive Community services and the entourageedge.com Site may be used only for lawful purposes in accordance with these Terms of Use. If you are using any entourageedge.com Interactive Community services, and post, publish or communicate any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on through the Interactive Community services, ("User Content") you automatically grant, or represent and warrant that the owner or authorized licensor of such User Content has expressly granted to entourageedge.com, the royalty-free, perpetual, irrevocable, right and license to use, publish, translate, sublicense, copy, modify, delete, enhance and distribute the User Content in whole or in part worldwide and/or to incorporate such User Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content.

User is prohibited from posting on or transmitting through the entourageedge.com Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. entourageedge.com may, but is not obligated to, monitor, review or screen any User Content uploaded, transmitted, or downloaded by you or any third-party for violations of the Terms of Use. entourageedge.com may take whatever action it deems appropriate to address any potential violations it identifies in the course of such monitoring, including, without limitation, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community services for any reason.

The entourageedge.com online Interactive Community is not designed for use by minors. No children under the age of 13 are permitted to register or create user profiles; and individuals ages 13 through 18 must participate in the community only under the supervision of a parent or legal guardian.

You may not post User Content that: involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password only access pages or hidden page or images (those not linked to or from another accessible page); solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person's consent; circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the entourageedge.com Site; involves the use or transmission of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; interferes with, disrupts, or creates an undue burden on the entourageedge.com Site or the networks or services connected to the Interactive Community services; impersonates or attempts to impersonate another Interactive Community User, person or entity; uses the account, username, or password of another Interactive Community User at any time or discloses your password to any third party or permits any third party to access your account; sells or otherwise transfers your profile; uses any information obtained from the entourageedge.com Site in order to harass, abuse, or harm another person or entity, or attempting to do the same.

You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. entourageedge.com is entitled to presume that all User Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. User assumes all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Content by User. entourageedge.com assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Content.

 

X. NOTICES
User consents to receive electronic communications from entourageedge.com, whether addressed to the e-mail address associated with such User's entourageedge.com account or posted on the entourageedge.com Site. User acknowledges and agrees that any communication via e-mail or by postings on this entourageedge.com Site satisfies any legal requirement that such communications be made in writing.

XI. DISCLAIMERS AND LIMITATION OF LIABILITY

Disclaimer of Warranties

Neither entourageedge.com nor any entourageedge.com Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the entourageedge.com Site, or the information, Content, including User Content, materials or products included thereon or downloaded therefrom; (ii) that the entourageedge.com Site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, Content, including User Content, service, or merchandise provided through the entourageedge.com Site; or (iv) that the entourageedge.com Site, its servers, or e-mails sent from or on behalf of entourageedge.com are free of viruses, scripts, trojan horses, worms or other harmful components. User understands that any information stored through the Services is stored at User's risk, and entourageedge.com will have no liability for any loss of such information.

The entourageedge.com Site is provided by entourageedge.com on an "as is" and "as available" basis. To the fullest extent permissible by applicable law, entourageedge.com and each entourageedge.com Provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

entourageedge.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or information. entourageedge.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the entourageedge.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the entourageedge.com Site or Services.

 

Limitation of Liabilities

Under no circumstances shall entourageedge.com be responsible for any loss or damage, including personal injury or death, resulting from use of the entourageedge.com Site or Services, from any Content, including User Content, posted on or through the entourageedge.com Services, or from the conduct of any Users of the entourageedge.com Site or entourageedge.com Services, whether online or offline.

Under no circumstances shall entourageedge.com or any entourageedge.com Provider be liable for any damages that result from the use of or inability to use the entourageedge.com Site, including but not limited to reliance by a User on any information obtained from the entourageedge.com Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to entourageedge.com's records, programs, or services.

Limitation of Damages

Neither entourageedge.com nor any entourageedge.com Provider will be liable for any indirect, incidental, special or consequential damages arising from your use of the entourageedge.com Site or the EntourageEdge Services, even if entourageedge.com or any entourageedge.com Provider have been advised of the possibility of such damages

Third Party Materials

Profiles and third party applications created and posted by Users on the entourageedge.com Site may contain links to other websites. entourageedge.com is not responsible for the content, accuracy or opinions expressed on such websites, or for investigating, monitoring or checking such websites. Inclusion of any linked website on the entourageedge.com Services does not imply approval or endorsement of the linked website by entourageedge.com. When you access these third party sites, you do so at your own risk. entourageedge.com takes no responsibility for third party advertisements or third party applications that are posted on or through the entourageedge.com Site or the entourageedge.com Services, nor does it take any responsibility for the goods or services provided by its advertisers.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights.

XII. SEVERABILITY; WAIVER
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of entourageedge.com to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

XIII. APPLICABLE LAW; JURISDICTION
The laws of the Commonwealth of Virginia will govern the Terms of Use, without giving effect to any principles of conflicts of laws. Each of the parties irrevocably agrees that any legal action or proceeding arising out of or relating to these Terms of Use, or the use of the Site or the Services shall be brought and determined in federal court located in the Eastern District of Virginia (or, if such federal court lacks jurisdiction thereover, in the Circuit Court for Fairfax County, Virginia), and you hereby irrevocably submit to the exclusive jurisdiction of the aforesaid courts, generally and unconditionally, with regard to any such action or proceeding (and you agree not to commence any action, suit or proceeding relating thereto except in such courts).

You knowingly, voluntarily and intentionally waive any right you may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with these Terms of Use.

XIV. DISPUTES WITH OTHER USERS

You are solely responsible for your interactions with other Users. entourageedge.com reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.

XV. DIGITAL MILLENNIUM COPYRIGHT ACT.
If you believe in good faith that materials hosted by entourageedge.com, (including, without limitation User Content), infringe your copyright, see Copyright Policy for details with respect to notices and counter-notices with respect to this Site.

XVI. ADDITIONAL TERMS AND CONDITIONS
In addition to the policies and guidelines located throughout the entourageedge.com Site, the following policies are incorporated into the Terms of Use:

Copyright Policy

Privacy Policy

XVII. ACKNOWLEDGMENT
The Terms of Use, including all policies, documents and other materials referenced herein, represents the entire understanding between User and entourageedge.com regarding use of the entourageedge.com Site and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. User acknowledges that if he or she purchases particular Content, Downloaded Content or products made available through the Site, additional terms and conditions may apply with respect to such purchase.

XVIII. MODIFICATION
entourageedge.com reserves the right to make changes to the entourageedge.com Site, posted policies and Terms of Use at any time without notice or liability. User's continued use of the Site constitutes agreement to the changes so posted.

XIX. REPORTING AND CONTACT INFORMATION

If you believe other Users are violating the Terms of Use and want to report it, or if you have any other questions about the Terms of Use or your dealings with the Site, please contact us.