Terms of Use

Welcome to www.enomaly.com! Enomaly Inc. provides its products and services to you subject to the following Terms of Use (“Terms”), which may be updated by us from time to time without notice to you. Your use of www.enomaly.com and any affiliated websites is governed by these Terms. In addition, when using particular Enomaly Services, you may be subject to additional Terms of Use, which are incorporated by reference into the Terms.

Please review all Terms of Use carefully.

1. Acceptance of Agreement

By accessing www.enomaly.com (the “Site”), using products and services (the “Services”) offered by Enomaly Inc., subscribing or ordering Services online, or accepting the Terms electronically, you agree to be subject to these Terms and any additional terms and conditions found on any of our affiliated websites that may apply. If you do not agree to these Terms or any affiliated Terms of Use, please do not use the Site or Services.

In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of your jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration forms (such information being the "Client Data") and (b) maintain and promptly update the Client Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Enomaly Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Enomaly Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

2. Description of Services

The Site and affiliated webpages owned by Enomaly Inc. provide users with information concerning Enomaly Inc.’s products and services. Enomaly Inc. provides products and services in the field of open source technology and cloud computing, including without limitation software products and consulting services regarding elastic computing environments, and support for those using the products and services (“Services”).

3. Modifications to Services

Enomaly Inc. reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Enomaly Inc. will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

4. Products and Prices

Enomaly Inc. reserves the right, in its sole discretion, to make any necessary updates, modifications and adjustments at any time to the product descriptions, warranties, and prices; without prior notice.

Furthermore, Enomaly Inc. endeavors to provide content on the Site and affiliated sites that is current and accurate. Nevertheless, errors and misprints may occur. Accordingly, we reserve the right to reject, correct, cancel or terminate any order for goods or services for which the price was incorrectly displayed or where we otherwise displayed erroneous or inaccurate information. Enomaly Inc. reserves this right at any stage of ordering processing, including after an order has been submitted. Enomaly Inc. is not obligated to sell products or services based on errors or misprints on our website.

5. Privacy

Client Data and certain other information about you are subject to our Privacy Policy. For more information, see our full Privacy Policy at [link spelled out]. You understand that through your use of the Services, you consent to the collection, use and disclosure of this information, only as permitted by our Privacy Policy, including the transfer of this information to the United States and/or other countries for storage, processing, and use by Enomaly Inc. and its affiliates in order to provide the Services to you.

6. Authorized use of Materials on Website

All information and material and content published or accessible through the Site is protected by copyright, trademark and other proprietary rights and laws. All such website content (“Content”) is copyright of Enomaly, Inc. except where indicated otherwise. All source code is owned by Enomaly, Inc. except where expressly indicated otherwise, and may not be used or copied without permission. Some of the code available on the Site is subject to the terms and conditions of an open source license (“Open Source”). In addition to any terms of any open source license, you acknowledge and agree that your use, modification or copying of any Open Source code is entirely at your own risk. Enomaly shall not be liable for any damages or costs associated with your use of Open Source code. Certain names, words, titles, phrases, logos, icons, graphics, designs or other content on the Site are trade names or trade-marks owned by Enomaly Inc. or third parties, including without limitation enomaly, Enomalism, ElasticDrive, VMcast, and enomalyserver, and may not be used without permission. You may not modify, copy, distribute, transmit, display, perform, reproduce or use for commercial purposes any information or services obtained from the Site without proper authority from Enomaly Inc., except as expressly stated above.

7. Links to Third Parties

Links to third-party websites from the Site are meant for convenience only. Enomaly Inc. does not review or control these third-party websites and is not responsible for any third-party websites or the content of those sites. Inclusion of any linked website does not imply approval or endorsement of the linked website by us. Linking to any other site is at your own sole risk and Enomaly Inc. will not be responsible or liable for any damages associated with linking.

8. Disclaimer

Enomaly Inc. and its employees, agents, affiliates, partners and suppliers provide all Content and Services available through the www.enomaly.com website and its affiliates websites “as is”, without warranties, representations and conditions of any kind, whether express or implied.  Enomaly Inc. makes no representation, warranty or guarantee of the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the site, the Services, or of any Content the site.  The website, the Content, and the Services are provided to you strictly on an "as is" basis. Except as specifically set forth in this agreement, all conditions, representations and warranties regarding the website, the Content, and the Services, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantable quality, merchantability, fitness for a particular use or purpose, or non-infringement of third party rights, are disclaimed to the maximum extent permitted by applicable law by Enomaly Inc.

9. Limitation of Liability

Under no circumstances, including, but not limited to negligence, shall Enomaly Inc. nor any of its partners, associates, employees, agents, successors, assigns, affiliates, or content or service providers shall be liable to you or any other site user or any third party for any damages of any kind, including without limitation loss of profits or other economic loss, or for any direct, indirect, exemplary, incidental, punitive, special or consequential damages, even if advised of the possibility of such damages, arising out of the posting or non-posting of documents and information, the design, functionality or use of the website, the reliance on any statement or advice from any other user of the website, or inability to gain access to or use the website or any part thereof or to any documents and information, or out of any breach of any warranty, express or implied. Furthermore, if your use of any Content or Services results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

10. Indemnification

You agree to indemnify and hold Enomaly Inc., its affiliates, partners, attorneys, staff, and each of their respective directors, officers, employees, consultants, agents and suppliers harmless from any costs or damages or any kind, including reasonable legal fees, arising from a claim or demand pertaining to your use of the Content or Services, breach of these Terms of Use, or your violation of any rights of another, except to the extent where you can show that such costs or damages were caused by Enomaly Inc.

11. Severability of Clauses

If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Subheadings used in the Terms of Use are not to be used to construe or interpret the Terms.

12. Entire Agreement

The Terms, and any application Additional Terms or other terms herein incorporated by reference, constitute the entire agreement between you and Enomaly Inc. and govern your use of the Site, Content and the Services, superseding any prior agreement, whether oral or written. You shall be subject to additional terms and conditions that may apply when you use or purchase certain Enomaly Inc. services, affiliate services, third-party content or third-party software

13. Waiver

The failure of Enomaly Inc. to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

14. Non-Transferable

This Agreement is not transferable by you in any way and may not be assigned to any third party without our written consent. We may transfer this agreement to a third party without notice to you.

15. No Third Party Rights

No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

16. Forum Choice

The Terms of Use and the relationship between you and Enomaly Inc. shall be governed and construed by the laws of the Province of Ontario and the applicable laws of Canada, without regard to its conflict of laws provisions. You hereby consent and submit to the personal and exclusive jurisdiction of the courts of the Province of Ontario in any action or dispute related to this Terms of Use.