Terms & Conditions

February 2014

These Terms of Use (“Terms of Use”) govern your access to and use of enmodus.com, wattzo.com, the Wattzo mobile app and other websites and apps offered by enModus Limited (collectively referred to as “Sites and Apps”). Your access to and use of the Sites and Apps are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Sites and Apps, you agree to be bound by these Terms of Use.

Modification of Terms of Use

You acknowledge and agree that enModus may revise these Terms of Use from time to time. By continuing to access or use the Sites and Apps after enModus makes any such revision, you agree to be bound by the revised Terms of Use.

Privacy

Please see enModus’ Privacy Policy for information and notices concerning enModus’ collection and use of your Personal Information and Anonymous Product Usage Information.

Registration and Passwords

Some features of the Sites and Apps require you to register. If you choose to register, you must submit a valid email address and select a username and password during the registration process. You are responsible for safeguarding the password that you use to access any secure areas of the Sites and Apps. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorised such activities or actions. You will immediately notify enModus of any unauthorised use of your password. enModus reserves the right to refuse providing access to the Sites and Apps to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual.

Eligibility

You must be at least thirteen (13) years of age to use the Sites and Apps. If you are under thirteen (13) years of age, or at least thirteen (13) years of age but a minor where you live, you must have your parent or legal guardian accept your registration on your behalf and approve your use of the Service. Anyone completing the registration must be legally competent.

Use of Content

You may only use the Sites for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms of Use. Furthermore, the content made available through the Sites and Apps may contain links to other web sites that are completely independent of enModus. enModus makes no representation or warranty as the accuracy, completeness or authenticity of the information contained in such web sites. Under no circumstances will enModus be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, linked or otherwise made available via the Sites and Apps. You are also fully responsible for any content you post using the Sites and Apps and to the consequences of any such content.

Ownership Rights

All ownership rights, title, and interest in and to the Sites and Apps are and will remain the exclusive property of enModus. The Sites and Apps are protected by copyright, trademark, and other laws of both the United Kingdom and other countries. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Sites and Apps. You may not copy or modify the code used to generate web pages or other content included in the Sites and Apps. You may not use the Sites and Apps on or in connection with any other websites or applications, for any purpose.

If you send any communications or materials to the Sites and Apps by electronic mail or otherwise, including any comments, data, questions or suggestions, such communications or materials are, and will be treated as, non-confidential and non-propriety. You will not claim that any use of such communications or materials by enModus violates your rights, including moral rights, privacy rights, proprietary or other property right. Any materials submitted by you to the Sites and Apps may be adapted, broadcast, changed, copied, disclosed, licensed, posted, published or sold by enModus. enModus may freely use, without compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send or feedback you provide to enModus.

General Prohibitions

You agree not to do any of the following while using the Sites and Apps:

  • Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene or offensive; (v) promotes racism, hatred or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.
  • Access, tamper with, or use non-public areas of the Sites, enModus’ computer systems, or the technical delivery systems of enModus’ providers;
  • Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
  • Attempt to access or search the Sites and Apps with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by enModus or other generally available third party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox);
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Sites and Apps; or
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Sites and Apps.
  • Use the Sites and Apps in connection with life or safety critical systems, or other systems whose failure or malfunction may result in death or serious injury to people, loss or severe damage to equipment or environmental harm.

enModus will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security issues, to the fullest extent of the law. enModus may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that enModus has no obligation to monitor your access to or use of the Sites and Apps, but has the right to do so for the purpose of operating the Sites and Apps, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, government agency or regulatory authority.

Termination

Should you violate any of these Terms of Use, your permission to use the Sites, Content and Services will terminate automatically. enModus reserves the right to revoke your access to and use of the Sites,and Apps at any time, with or without cause. enModus also reserves the right to cease providing or to change the Sites and Apps at any time and without notice.

No Warranty

THE SITES AND APPS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ENMODUS EXPLICITLY DISCLAIMS ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ENMODUS MAKES NO WARRANTY THAT THE SITES AND APPS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ENMODUS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITES AND APPS OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITES AND APPS.

Indemnity

You agree to defend, indemnify, and hold harmless enModus, its directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Sites and Apps, or your violation of these Terms of Use.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ENMODUS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES AND APPS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITES AND APPS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ENMODUS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT ENMODUS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, ENMODUS WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITES OR THROUGH THE APPS.

Severability

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and affect.

Waiver

The failure of enModus to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

Jurisdiction

These Terms of Use and any action related thereto will be governed by English law, without regard to its conflict of law provisions.

Entire Agreement

These Terms of Use are the entire and exclusive agreement between enModus and you regarding the Sites and Apps, and these Terms of Use supersede and replace any prior agreements between enModus and you regarding the Sites and Apps.

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