Conditions of Use
Enjay Functional Solutions and its affiliates provide their services to you subject to the following conditions. If you visit or shop at any of the Enjay Functional Solutions web sites, you accept these conditions. Please read them carefully. In addition, when you use any current or future Enjay Functional Solutions service or visit or purchase from any business affiliated with Enjay Functional Solutions, whether or not included in the Enjay Functional Solutions Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
PRIVACY
Please review our Privacy Statement, which also governs your visit to Enjay Functional Solutions, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Enjay Functional Solutions or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by E-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Enjay Functional Solutions or its content suppliers and protected by United States copyright laws. The compilation of all content on this site is the exclusive property of Enjay Functional Solutions and protected by U.S. copyright laws. All software used on this site is the property of Enjay Functional Solutions or its software suppliers and protected by United States copyright laws.
TRADEMARKS
EFS, Inc.; ENJAYONLINE.COM; Enjay Functional Solutions; Albackore.com; Albackore; and other marks indicated on our site are registered trademarks of EFS, Inc. in the United States. Enjay Functional Solutions graphics, logos, page headers, button icons, scripts, and service names are trademarks of EFS, Inc.. EFS's trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Enjay Functional Solutions. All other trademarks not owned by Enjay Functional Solutions or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Enjay Functional Solutions or its subsidiaries.
LICENSE AND SITE ACCESS
Enjay Functional Solutions grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Enjay Functional Solutions. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Enjay Functional Solutions. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Enjay Functional Solutions and our affiliates without express written consent. You may not use any meta-tags or any other "hidden text" utilizing the Enjay Functional Solutions name or trademarks without the express written consent of Enjay Functional Solutions. Any unauthorized use terminates the permission or license granted by Enjay Functional Solutions. You are granted a limited, revocable, and non exclusive right to create a hyperlink to the home page of Enjay Functional Solutions so long as the link does not portray Enjay Functional Solutions, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Enjay Functional Solutions logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
Enjay Functional Solutions does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Enjay Functional Solutions only with involvement of a parent or guardian. Enjay Functional Solutions and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
RISK OF LOSS
All items purchased from Enjay Functional Solutions are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Enjay Functional Solutions and its affiliates attempt to be as accurate as possible. However, Enjay Functional Solutions does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Enjay Functional Solutions itself is not as described, your sole remedy is to return it in unused condition to the place of purchase.
OTHER BUSINESSES
Parties other than Enjay Functional Solutions and its subsidiaries operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Enjay Functional Solutions does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY ENJAYONLINE.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. ENJAYONLINE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ENJAYONLINE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ENJAYONLINE.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ENJAYONLINE.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ENJAYONLINE.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Enjay Functional Solutions, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Enjay Functional Solutions or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to Enjay Functional Solutions or to products you purchase through Enjay Functional Solutions shall be submitted to confidential arbitration in Ventura County, California except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, Enjay Functional Solutions may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to Enjay Functional Solutions. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
|
