You must accept these Terms to create a user account and to access or use the Services. If you do not have an account, you accept these Terms by using any part of the Services. If you do not accept these terms, do not create an account or use the Services.
2. USE OF THE SERVICES
Persons under the age of 13 in the United States, 16 in the European Union, or the equivalent minimum age in the relevant jurisdiction, are not permitted to access or use the Services or create accounts unless a parent or legal guardian has consented thereto in accordance with applicable law. Additionally, you cannot access or use the Services if you are barred from receiving services under applicable law or have previously been suspended or removed from the Services.
You may connect to the Services only by using (a) the App, or (b) the Website (“Authorized Connections”). You may not connect to the Services through any unauthorized application or third- party connection. Any violation or attempted violation of this provision may result in the immediate termination of your access to the Services. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact us by email.
3. CREATING AN ACCOUNT
Full use of the Services requires that you create an account by providing us with information such as your full name, a valid mobile phone number, a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. We are not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please email us if you discover or suspect any security breach related to the Services or your account.
4. NECESSARY EQUIPMENT
Full use of the Services is dependent upon your use of devices with adequate software that supports the Services and Internet access. The maintenance and security of these devices may influence the performance of the Services and it is your responsibility to ensure their functionality is satisfactory.
5. POSTING USER-GENERATED CONTENT ON THE SERVICES
From time to time, we may offer Services that enable you to post, upload, store, share, send, or display photos, images, video, data, text, music, comments, and other information and content (“User-Generated Content”) to and via the Services. You retain all rights to your User-Generated Content that you post to the Services. By making your User-Generated Content available on or
through the Services, you hereby grant to us a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute your User-Generated Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this Section 5 are only for the limited purpose of offering and improving the Services.
You are responsible for your User-Generated Content. You represent and warrant that you own your User-Generated Content or that you have all rights necessary to grant us a license to use your User-Generated Content as described in these Terms.
You represent and warrant that your User-Generated Content, the use and provision of your User- Generated Content on the Services, and your use of the Services will not:
(a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy including doxing or any other unauthorized release of confidential information;
(b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(c) be fraudulent, false, misleading, or deceptive, including, without limitation, making any misrepresentations regarding the state and condition of your health;
(d) be defamatory, obscene, pornographic, vulgar, or offensive;
(e) promote discrimination, bigotry, racism, sexism or other discrimination against gender or sexual minorities, hatred, harassment, harm, or bullying against any individual or group;
(f) be violent or threatening or promote violence or actions that are threatening to any person or entity;
(g) promote illegal or harmful activities or substances; or
(h) intentionally or negligently spread misinformation, and, in particular, any misinformation on matters involving health or widespread social concern, which shall be determined in our sole and absolute discretion.
You further agree not to:
(1) upload any content that contains software viruses, is malware, or is designed to interrupt, destroy, or limit the functionality of any equipment or Services, or that contains other harmful, disruptive, or destructive files or content;
(2) use or attempt to use another user’s account without authorization, or impersonate any person or entity;
(3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications;
(4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or
(5) use the Services in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type.
We may, in our sole and absolute discretion, alter, remove, or refuse to display any of your User- Generated Content, may forbid you from posting, uploading, storing, sharing, sending, or displaying your User-Generated Content to and via the Services, and may contact law enforcement in connection with any unauthorized User-Generated Content under Section 9 below.
6. eSentry’S RIGHTS
“eSentry Content” includes any photos, images, graphics, video, audio, data, text, music, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Services. eSentry Content, the Services, and its underlying technology are protected by copyright, trademark, service mark, trade dress, patent, trade secret, mask work, database, intellectual property, and other laws of the United States and foreign countries. We reserve all rights that are not expressly set forth in these Terms. You agree not to remove, change, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the
Services. Our logos and any other eSentry trademarks that may appear on the Services, and the overall look and feel of the Services, including page headers, graphics, icons, scripts, and other interfaces, may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder.
REQUIREMENT FOR USE OF ENTRY SENTRY CONTENT ON YOUR ADVERTISING MATERIALS
If you are using the App for sign-in purposes at open houses or other sign-in events, you agree that you will include eSentry’s company name, logo, and URL www.eSentry.com (the “Bug”) on any flyers, signs, webpages, or other advertising materials in any medium in which such open house or other sign-in event is advertised. We hereby grant you a limited, revocable, royalty-free, worldwide, non-exclusive license to use, copy, make minor modifications to, and distribute the Bug and any other eSentry Content that may comprise the Bug from time to time in connection with any advertising distributed by you relating to this paragraph.
7. WHAT YOU CAN DO ON THE SERVICES
The Services are intended for use solely described in these Terms.
eSentry grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (a) access and use the Services, (b) access and view the eSentry Content, (c) and access and use the App and any software provided by the Services. This license is provided solely for use of the Services as permitted in these Terms.
You may not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Entry Sentry Content, the Services, or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by eSentry or its licensors, except for the licenses and rights expressly granted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Services:
(1) use, display, mirror, or frame the Services or any individual element within the Services, including the layout and design of any interface or page, without our express written consent;
(2) use eSentry’s name, any eSentry trademark or logo, or any other eSentry proprietary information without our express written consent;
(3) access or tamper with non-public areas of the Services, eSentry’s computer systems, or the systems of eSentry’s third-party providers, including any of eSentry’s servers;
(4) test the vulnerability of any eSentry system or breach any security or authentication measures;
(5) circumvent any technological measure implemented by Entry Sentry or any of Entry Sentry’s providers or any other third party (including another user) to protect the Services;
(6) access the Services or eSentry Content through the use of any mechanism other than through the use of an Authorized Connection, Services, or eSentry API; or
(7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to
derive the source code of any software that eSentry provides to you or any other part
of the Services.
You are granted a limited, nonexclusive, and nontransferable right to create a text hyperlink to the Services for noncommercial purposes, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in our sole and absolute discretion.
9. OUR ENFORCEMENT RIGHTS
We are not obligated to monitor access or use of the Services or to review or edit the eSentry Content, or your User-Generated Content, but we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, to assist in Covid-19 contact tracing, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities and, pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law.
We reserve the right (but are not required) to remove or disable access to the Services, any eSentry Content, or your User-Generated Content at any time and without notice, and at our sole discretion, if we determine that the eSentry Content, your User-Generated Content, or your use of the Services is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Services, and in response may take any action we may deem appropriate.
10. USE THE SERVICES AT YOUR OWN RISK
If you rely on any eSentry Content or the Services, you do so solely at your own risk. We aim to provide helpful and accurate information on the Services, but we make no endorsement, representation, or warranty of any kind about any Entry Sentry Content, the Service, or any information related thereto. We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Services. Such information may be unavailable, inaccurate, or incomplete. Use of the Services should not replace your good judgment and common sense.
11. DMCA/COPYRIGHT POLICY
We respect the intellectual property of others and expect you to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders in accordance with the U.S. Digital Millennium Copyright Act (“DMCA”, the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov).
A copyright owner, or any person authorized to act on behalf of one, or any person authorized to act under any exclusive right under copyright, that believes that any material available on or through the Services, including applications, products, User-Generated Content, posts or materials on user forums, or any other content (collectively referred to as “Content”), infringes upon such person’s copyrights may report alleged copyright infringements by providing the information in the following DMCA Notice of Alleged Infringement (“Notice”) and delivering it to us. Upon receipt of the Notice, we will take whatever action, in our sole discretion, we deem appropriate,
including removal of the Content. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the Content so that such owner or administrator can make a counter notification.
Please note that filing a report of intellectual property infringement is a serious matter with legal consequences. Any person who knowingly makes a material misrepresentation that material or activity is infringing could be liable for damages pursuant to section 512(f) of the DMCA or similar laws in other jurisdictions or countries. We suggest first contacting an attorney before filing a report under the DMCA. A copyright notice may not be valid if all legal requirements below are not met.
REQUIREMENTS FOR A DMCA NOTICE OF ALLEGED INFRINGEMENT
Identify the copyrighted work claimed to have been infringed, or—if multiple copyrighted works are covered by this Notice—provide a representative list of the copyrighted works that claimed to have been infringed.
Identify the material claimed to be infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the site(s) where such material may be found.
Provide a name, mailing address, telephone number, and, if available, email address. (Note that we may provide your contact information, including name and email address, the name
and address of the owner of the right in question, and/or the contents of the report, to the person that posted the material being reported.)
• Include both of the following statements in the body of the Notice:
o “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
o “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide a full legal name and an electronic or physical signature.
Deliver this Notice, with all items completed, to us by email.
12. FEEDBACK AND SUBMISSIONS POLICY
We are always pleased to receive communications from users. However, neither we nor any of our employees may accept or consider any unsolicited ideas, including ideas for new or improved products or services, new marketing campaigns, or product or service names. Therefore, please do
not submit any such unsolicited ideas in any form to eSentry or any of our employees. This
policy is necessary to avoid potential misunderstandings or disputes that may arise if our new products or services or marketing campaigns were to appear similar to an idea submitted by you.
If, despite our policy, you still submit an idea to us, then regardless of anything contained in your submission you agree that the following shall apply: (a) we shall have no obligation to review the submission; (b) the submission and its contents shall automatically become the property of Entry Sentry, without any compensation to you; (c) we may consider the submission and its contents to be non-confidential and non-proprietary; and (d) we may redistribute or use (for commercial purposes or otherwise) the submission and its contents for any purpose and in any way, without any compensation to you.
If an Entry Sentry user or a member of the public provides us (at our request or otherwise) a comment or suggestion regarding our products or services through any means, such as through email, any forums, or any social network, this Section 12 shall also apply thereto.
13. ALERTS AND NOTIFICATIONS
As part of your use of the Services, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to receive these communications. You can control most communications from the Services by changing your account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you
electronically will satisfy any legal communication requirements, including that the communication be in writing.
14. THIRD PARTY SERVICES
15. CHANGES TO THE SERVICES
We may change or discontinue, temporarily or permanently, any feature or component of the Services at any time without notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of the Services. We reserve the right to determine the timing and content of software updates, which may be
automatically downloaded and installed by us without prior notice to you.
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Services, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove your User-Generated Content and other information related to your account. You may close your account at any time by contacting us. Upon any termination of these Terms or suspension, termination, or discontinuation of the Services or your account, the following provisions of these Terms will survive: Sections 1, 5, 6, and 9-22 inclusive.
THE SERVICES AND ENTRY SENTRY CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services or Entry Sentry Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Services or any eSentry Content.
You will indemnify and hold harmless Entry Sentry and/or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (a) your access to or use of the Services, (b) your User-Generated Content, (c) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (d) your violation of any law or the rights of a third party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
19. LIMITATION OF LIABILITY
NEITHER eSentry, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING PERSONAL INJURY, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ENTRY SENTRY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL e SENTRY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO eSentry FOR USE OF THE SERVICES OR ONE HUNDRED UNITED STATES DOLLARS (USD$100.00), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO eSentry, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
20. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
(b) Informal Dispute Resolution. We want to address your concerns without needing a formal legal case. Before filing a claim against eSentry, you agree to try to resolve the Dispute informally by contacting us by email. We will try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after your initial submission of the claim, you or eSentry may bring a formal proceeding.
(c) and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
(e) Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Alameda County, California, or any other mutually agreed-upon location.
(f) Arbitration Fees. The AAA rules will govern payment of all arbitration fees. We will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(g) Exceptions to Agreement to Arbitrate. Either you or eSentry may assert claims, if they qualify, in small claims court in Alameda County, California, or any United States county where you live or work. Either party may bring legal action before any court, tribunal, or governmental agency solely for injunctive relief to stop unauthorized use or abuse of the Entry Sentry products or Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
(h) No Class Actions. You may only resolve Disputes with eSentry on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
(i) Judicial Forum for Disputes. Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Entry Sentry agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Alameda County, California. Both you and eSentry consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
(j) Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to your use of the eSentry products or Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
21. GENERAL TERMS
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding the Services and eSentry Content.
We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the Services. When you use the Services after a modification becomes effective, you are accepting the modified Terms.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given via email or by posting to the Services. For notices made by email, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Any failure by us to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of eSentry. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
22. ADDITIONAL TERMS MAY APPLY
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
23. CONTACT US
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.