Terms and Conditions
WSA Collects User Information
User acknowledges and agrees that all right, title and interest in and to the information, data, software, photographs, graphics, videos, music and other material (collectively, the "Content") contained in ENK International, LLC Websites, including, without limitation, any copyrights in or to the Content, belong to ENK International, LLC and its content providers, and User agrees not to assert any claims to the contrary. User acknowledges that Content on ENK International, LLC Websites may change at any time, without any obligation on the part of ENK International, LLC to notify User of such changes.
ENK International, LLC, ENK International, LLC Websites and all other trademarks, service marks, trade names and logos of ENK International, LLC appearing on this website are the sole and exclusive property of ENK International, LLC. All uses of such marks and the goodwill generated by them will inure to the benefit of ENK International, LLC. ENK International, LLC marks used in conjunction with any other logos or marks will not create a unitary or composite mark. All other trademarks, trade names, service marks, logos, product names, and company names appearing on ENK International, LLC Websites are the property of their respective owners.
ENK International, LLC 's Right To Modify WSA Websites
Restrictions on Use
User may use ENK International, LLC Websites (ENK International, LLC Websites or "websites") for lawful purposes only. Any use of ENK International, LLC Websites for the transmission or storage of any information, data, content or material in violation of any international, federal or state regulation or law (including, without limitation, material protected by copyright, trademark, trade secrets, and proprietary and confidential information) is strictly prohibited. Without limiting the generality of the foregoing, User may not use ENK International, LLC Websites to send or otherwise distribute unsolicited e-mail or advertising, or for posting or transmitting any infringing, illegal, obscene, offensive, defamatory, or racially, ethnically or otherwise objectionable material, including, without limitation, any materials that could give rise to any liability to ENK International, LLC or which might adversely affect ENK International, LLC's or its affiliates or partners' public image, reputation or goodwill.
Due to the global nature of the Worldwide Web/internet, ENK International, LLC Websites will be available worldwide to Users with legitimate request for product and service information. You agree to comply with all local laws and rules regarding online conduct and acceptable content in the location from which you are accessing ENK International, LLC Websites. User agrees to comply with all applicable laws with regard to transmitting technical data exported from the U.S. or the country in which you reside.
User may not (i) edit, alter, modify or prepare any derivative works of the Content or any portion thereof; (ii) remove or alter any credits, notices (including, without limitation, copyright, trademark and service mark notices), or logos which are included in ENK International, LLC Websites or the Content; or (iii) resell, sublicense or otherwise transfer, distribute or make available to others all or any portion of the Content in any form. Subject to the foregoing and any additional restrictions that may be contained in ENK International, LLC Websites or imposed by applicable law (including, without limitation, applicable copyright and trademark laws), User may make copies of select portions of the Content, provided that the copies are made for User's personal, non-commercial use only.
USER understands and agrees that ENK International, LLC provides hyperlinks to other websites solely as a courtesy and convenience to you. USER understands that hyperlink websites are third-party sites that may contain the personal opinions and other expressions of the other persons or contain materials that may be harmful, obscene, objectionable or otherwise offensive. USER understands that ENK International, LLC has neither screened, approved, endorsed, nor reviewed the content found at the hyperlink website. USER understands that ENK International, LLC is not a publisher of any information found in the hyperlink website. USER agrees to use said links "AT THEIR SOLE RISK". Further, USER understands and agrees to hold ENK International, LLC, its shareholders, directors, officers, or agents harmless against any claims arising from the use of a hyperlink web-site, including, without limitation, liability arising in tort, contract, negligence, products liability, patent or copyright infringement. USER understands and agrees to immediately discontinue use of a hyperlink website should the information contained therein be obscene, harmful, objectionable or otherwise offensive.
All of the Content, including without limitation all information, research materials, videos, films, photographs or graphic images, written or oral context, links to or from other webs-sites, and any other material presented on ENK International, LLC Websites are done so on an "AS IS" BASIS, WITHOUT EXCEPTION. USER further understands and agrees that ENK International, LLC makes no express or implied endorsement, approval, or recommendation of any products, service, manufacturer, or otherwise, shown, discussed, presented or referred to on ENK International, LLC Websites, any linked website a or any other web-site. Nor should anything contained at ENK International, LLC Websites be construed as creating an express or implied contract for goods or services under the law.
ENK INTERNATIONAL, LLC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH ENK INTERNATIONAL, LLC WEBSITES, LINKED SITES OR ON THE INTERNET GENERALLY. FURTHERMORE, NO ADVICE OR INFORMATION GIVEN BY ENK INTERNATIONAL, LLC, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY OF ANY KIND.
LIMITATION OF LIABILITY
ENK INTERNATIONAL, LLC WEBSITES IS PROVIDED FOR YOUR CONVENIENCE ONLY. TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW, UNDER NO CIRCUMSTANCES WILL ENK INTERNATIONAL, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY LOSS OR DAMAGE TO USERS OR ANTY OTHER THIRD PARTY, WHETHER FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OF OR RELATED TO YOUR USE OF OR INABILITY TO USE ENK INTERNATIONAL, LLC WEBSITES OR ANY CONTENT, SERVICE, PRODUCTS, INFORMATION, FILES OR SOFTWARE OF ANY KIND OBTAINED THROUGH ENK INTERNATIONAL, LLC WEBSITES, WHETHER ARISING FROM MISTAKES, OMISSIONS, CONTENT INTERRUPTIONS, DELETION OF FILES OR E-MAILS, LOSS OF USE, DATA OR PROFITS, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE OR DEFECTS THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, DELAYS IN OPERATION OR TRANSMISSION, COMPLICATIONS WITH USER'S HOSTING EQUIPMENT, SERVER EQUIPMENT FAILURE, INTERNET SERVICE PROVIDER ERROR AND DOWNTIME, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT ENK INTERNATIONAL, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR UNDER ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE, COMMUNICATION OR TRANSMISSION OF INFORMATION INCLUDED IN ENK INTERNATIONAL, LLC WEBSITES.
YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO ENK INTERNATIONAL, LLC WEBSITES FOR THE RECONSTRUCTION OF LOST DATA.
Choice of Law/Jurisdiction
Except as may be prohibited by applicable law, USER hereby agrees and understands that this Agreement, its interpretation, performance, or any breach thereof, will be governed and construed in accordance with, and all questions with respect thereto will be determined by, the laws of the state of California without giving effect to principles of conflict of laws. Both parties agree to submit to personal jurisdiction in California, acknowledge that venue is proper in any state and Federal court in California and that any cause of action or suite arising under or related to ENK International, LLC Websites or this Term of Use agreement must be brought in a state or Federal court in Los Angeles County, California, to the exclusion of all others and USER expressly waives any objection with respect to the foregoing.
ENK International, LLC may modify, change, suspend or discontinue all or any aspect of ENK International, LLC Websites at any time, without prior notice or liability.