Home / Terms Of Service

Terms Of Service

Terms of Service


Effective Date: January 1, 2017

These Terms of Service (the “Terms”) apply when you (i) access and use our website and any subpages (collectively, our “Site”), (ii) purchase and/or use one of our shirts, pants, Bluetooth dongles, chargers and/or other products sold by us from time to time (collectively, the “Products”), or (iii) access and use such other equipment, software, subscriptions and services that may be provided by us from time to time (collectively with the Site and the Products, the “Services”). In addition to these Terms, your access to and use of the Services are governed by our Privacy Policy, which can be found at https://www.getenflux.com/pages/privacy-policy (the “Privacy Policy”), and which is incorporated into these Terms by reference. Please read these Terms and the Privacy Policy carefully. These Terms govern your use of the Services and constitute a binding agreement between you and Enflux, Inc. (“Enflux,” “we,” “our” or “us”). Your access to or use of the Services indicates your acceptance to these Terms. You must be at least 13 years old to use the Services. By using the Services, you hereby warrant and represent that (i) you have read, understand and agree to these Terms, (ii) you are at least 13 years old, (iii) if you are not old enough to have authority under applicable law in your jurisdiction to agree to these Terms, your parent or guardian has agreed to these Terms on your behalf, and (iv) if you are acting on behalf of your employer or an entity, you have the authority to accept and agree to these Terms. PLEASE DO NOT ACCESS OR USE THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS.


Enflux reserves the right to revise these Terms at any time, in its sole discretion, by posting an updated version to the Site. You should visit this page periodically to review the most current Terms because they are binding on you. By continuing to access or use the Services after updated terms have been posted, you agree to be bound by the updated Terms.


These Terms, along with any offer for any Product or Services made on the Site, are void where prohibited by law, and the right to purchase the Products or access the Services is revoked in such jurisdictions.


Eligibility and Account


If you are not old enough to have authority under applicable law in your jurisdiction to agree to these Terms, your parent or guardian has agreed to these Terms on your behalf and by using or accessing the Services, you represent and warrant that you have your parent or legal guardian’s consent do so. Some Services require you to create an account to participate in such Services. You must be over the age of 13 to create an account on our Site or to otherwise use the Services. By creating an account, you represent that (i) you are over the age of 13, (ii) you are responsible for maintaining the confidentiality of your account and your password, and (iii) you accept responsibility for all activities that occur under your account. You hereby represent that all registration information you submit is accurate, current and complete and that you are solely responsible for the accuracy of such information. You agree to update your account information to keep it current and accurate. You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and that they comply with them. Enflux reserves the right to accept or refuse your application for an account in our absolute and sole discretion.


Rules for your Usage


You agree that you will not use the Services in a manner that is illegal or otherwise inconsistent with these Terms. In addition, you will not use the Services in a manner that Enflux deems, in its sole discretion, objectionable. You agree that you will access the Services only through the interfaces provided. In addition, you agree not to do any of the following:


  • Use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code of, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted by Enflux or as permitted under applicable law.
  • Store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display or create derivative works of the Property (as defined below in the section titled “Intellectual Property Rights”).  
  • Resell our Products.
  • Impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information or another person’s name or likeness, or provide false details.
  • Imply or state, directly or indirectly, that you are affiliated with or endorsed by Enflux without our express written permission.
  • Use the Services to send unsolicited messages (also known as junk mail or SPAM).
  • Use the Services to offer any contest, sweepstakes, coupon or other promotion.
  • Upload, post, e-mail, transmit or otherwise make available any files that contain software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or that may impact the ability of any user to access the Services.
  • Attempt to or actually override any security component included in or underlying the Services.
  • Attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Site’s infrastructure.
  • Use the Services to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Use the Services to publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Use the Services to upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Restrict or inhibit any other user from using and enjoying the Services.
  • Use the Services to harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Remove, alter, obscure, destroy, or attempt to circumvent any notices, proprietary marks or codes, means of identification, digital rights management tools or information included in or related to the Services.
  • Use the Services in a manner that violates any applicable laws.
  • Use the Services if any applicable laws in your country prohibit you from doing.

Enflux may determine, in its sole discretion, whether or not you are violation of any of these restrictions. Offending users may be permanently restricted from using the Services. Enflux will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law and may involve and cooperate with law enforcement authorities in doing so. You acknowledge that Enflux has no obligation to monitor your access to or use of the Services, but has the right to do so for the purposes of operating the Services, ensuring your compliance with these Terms, or complying with applicable law or the order or requirement of a court, administrative agency or other governmental body.


Purchases of Enflux Products on Our Site


Availability of Products: We cannot guarantee the availability of our Products, even if we show that a particular Enflux Product is available on our Site. We reserve the right to discontinue any Product at any time. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion.


Limits on Orders: We reserve the right, in our sole discretion, to limit the quantities of any Products we offer. We may, in our sole discretion, limit quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers, or distributors. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.


Pre-Orders. In advance of a new Product being launched, it may be possible to place pre-orders.

The price of the Product you pre-order will be as quoted to you at the time you submit your pre-order, and may include tax and shipping when applicable. Placing a pre-order does not guarantee delivery of a Product. When the Product is ready for shipping or delivery, we will contact you to provide you with your purchase confirmation (including shipping costs and any taxes where applicable). This shall constitute the “Order Acceptance” with respect to pre-orders.


Acceptance of Order: After you place an order, you may receive a communication from us acknowledging that we have received your order (“Order Acknowledgement”). Please note that receiving the Order Acknowledgement does not mean that your order has been accepted, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. We will confirm our acceptance of your order by sending you a communication that confirms that the order has been processed or the goods have been shipped. Such communication shall constitute the “Order Acceptance” with respect to your order.


Our Right to Reject your Order. At any time prior to Order Acceptance, Enflux may, in its sole discretion, reject or cancel any order and/or limit order quantity. Some reasons for rejection/limiting order quantity can include: (a) we are unable to supply you with the Product, for example because that item is no longer available or because of an error in the price at the point of sale; (b) you do not live in a country or region from which the Products may be purchased; or (c) you order more than the permitted maximum number of Products. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. If you have already paid for such cancelled order, we will refund you the full amount including any delivery costs charged. Enflux may also require additional qualifying information prior to accepting or processing any order. The contract between us in relation to the applicable Products will be formed when we send you the Order Acceptance.


Pricing. The list price displayed for any Enflux Product generally does not include delivery and shipping charges or sales or other taxes unless specifically noted. If your purchase is subject to any type of use or sales tax, custom or import duty or other governmental tax, duty or fee (“Taxes”), then we may charge you for those Taxes. Applicable Taxes may be presented at checkout. Please note that for international orders, customs and import duties may be applied and will likely vary from country to country. Prices shown are in U.S. dollars unless otherwise specified. If you are paying for your order with an international credit card, please note that the purchase price may fluctuate with exchange rates. In addition, your bank or credit card issuer may also charge you foreign conversion charges and fees, which may also increase the overall cost of your purchase. Please contact your bank or credit card issuer regarding these fees. Prices are subject to change without notice and Enflux does not provide price protection or refunds in the event of a price reduction or promotional offering.


Payment. You must be over the age of 18 with a valid credit card accepted by Enflux or other permitted payment method accepted by Enflux in order to purchase Enflux Products through our Site. We may accept various forms of payment, including credit and debit cards and payments made through PayPal. Additional terms with the payment provider may apply. By submitting an order or pre-order, you acknowledge that you are authorized to use the designated payment method and you authorize us (or a third-party payment processor) to charge your order to that payment method. When you provide your payment information, you authorize us (or a third-party payment processor) to process and store your payment and related information. In the event the payment method you designate cannot be verified, is invalid, or is not otherwise acceptable, we may suspend or cancel your order. You are responsible for resolving any problems we encounter in order to proceed with your order.


Delivery: Depending on where you are located or ask to have Products shipped or delivered, we may utilize an agent or partner to handle shipping and/or delivery. Shipping laws also vary from country to country, and it is your responsibility to check with your local customs office for details and to verify whether the country to which you are shipping permits the shipment of the Enflux Products you have purchased. Any shipping dates or times provided by us (or third-party shipping service) are estimates only and are not guaranteed. The risk of loss in physical goods you purchase and the responsibility to insure the goods passes to you upon delivery of the goods to you.


Refunds and Exchanges: Customer satisfaction is our goal. You may cancel your order or pre-order of Products at any time prior to Order Acceptance or shipping by calling us at (773) 896-6828 or e-mailing us at [email protected]. After shipping the Products to you, if you are not completely satisfied with your purchase, simply return the Products to 29249 Albatross Rd, Hayward, CA 94545 within 90 days of shipment. You should consider using a trackable shipping service or purchasing shipping insurance when returning items. We don’t guarantee that we will receive your returned item. The Products must be returned in the original packaging with the applicable proof of purchase and you will be responsible for the shipping cost of returning the Products to us. We, in our sole discretion, will repair it, or replace it, or, based on your method of payment with a valid receipt, refund your money. This return right does not apply to any Products that have been used, damaged or are missing components.


Errors. We attempt to be as accurate as possible and to eliminate errors in relation to our Products, however, we do not represent or warrant that any Product descriptions, pricing information, shipping charges, delivery times, promotions or offers are accurate, complete, reliable, current or error-free. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or change or cancel orders (which includes charging the correct price) if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). If we discover a pricing or other material error related to a Product that has yet to be shipped or delivered, we will contact you to inform you of this error and give you the option of continuing to purchase at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled.


Accurate Information: You may be required to be a registered user in order to purchase Products on the Site. You are responsible for all charges incurred in connection with your account. Enflux may attempt to collect unpaid charges, including by applying additional charges to your payment instrument, by using collections agencies and by any other legal means. If you decide to cancel your account, Enflux reserves the right, subject to any limitations under applicable laws, to collect fees, surcharges, or costs incurred by your account before cancellation. Any delinquent or unpaid accounts must be settled before Enflux will allow you to register for a new account. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed. You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. Enflux will have no responsibility or liability for inaccurate information or information that later becomes outdated, and Enflux will have no obligation to make efforts to determine the correct contact or shipping information for your order. For Product purchases pending shipment, you can update your information at any time prior to shipment by calling us at (773) 896-6828 or e-mailing us at [email protected].


No Warranties. We do not warrant that the quality of any Products purchased or obtained by you will meet your expectations, or that any errors in the Products will be corrected.


Additional Terms and Conditions: Additional terms, conditions, instructions and warnings may be included in the packaging for the Products you purchase and are hereby incorporated by reference herein. Please read such additional documentation closely as you will be bound by any terms and conditions contained therein by virtue of your purchase of Products from us.


Intellectual Property Rights


All materials and services available on the Site, included in Products or otherwise available through the Services, including all designs, graphics, text, “look and feel,” layout, photographs, videos, sounds, newsletters, functions, files, documents, images or other materials, whether publicly posted or privately transmitted, software and code, as well as all derivative works thereof and all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services (collectively, our “Property”), are owned by Enflux and its licensors and such Property is subject to and protected by U.S. and international copyright, patent, trademark and other intellectual property laws and rights. Subject to your compliance with these Terms, we hereby grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use the Property solely to the extent necessary to access and make personal and non-commercial use of the Services. You will not obtain any ownership interest in the Property or the Services through these Terms or otherwise. All rights to the Property not expressly granted in these Terms are reserved to their respective copyright owners. Except as expressly authorized by these Terms or as is necessary to use the Services, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Property in any form or by any means, without the prior written authorization of Enflux or the respective copyright owner. Any use of the Property for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited.


User Content


Enflux may offer community features, such as forums and the ability to post comments on our Site, as part of the Services. You must be over the age of 13 to participate in any community features. In addition, Enflux may allow you to submit information to Enflux through forms and other manners in connection with obtaining customer support from Enflux’s help center or providing feedback to Enflux. You may also post or provide reviews, comments, photos, images, logos, descriptions and other content and submit suggestions, ideas, comments, questions, opinions and feedback (collectively, the “User Content”) in connection with your use of the Services. You may not post or provide User Content that is illegal, libelous, offensive, harmful, obscene, pornographic, threatening, defamatory or invasive of privacy, including User Content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals. You may not post or provide User Content that exploits people in an abusive, violent or sexual manner or that promotes illegal activities or provides instructions on how to conduct illegal activities. You also may not post or provide User Content that violates the intellectual property rights (or rights of privacy or publicity) of any third party. In addition, you may not post or provide User Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not post or provide any misleading information or User Content that you know is false or inaccurate.


In order to operate and provide our Services, you grant Enflux a worldwide, non-exclusive, royalty-free, fully sublicensable and transferable license to use, reproduce, modify, translate, distribute, create derivative works of, display, and perform throughout the world in any media, the User Content that you upload, submit, store, send, or receive on or through our Services for any purpose, in Enflux’s sole discretion, without payment or compensation to you of any kind. You grant Enflux and our sublicensees the right to use the name that you submit in connection with such User Content, if we or they choose to use it.


You represent and warrant that (i) you own or otherwise control all of the rights to the User Content that you post or provide, (ii) the User Content is accurate, (iii) that use of the User Content you supply does not violate these Terms or applicable laws, rules or regulations, and (iv) you will indemnify Enflux for all claims resulting from User Content you supply in accordance with the section titled “Indemnification” below.


We always appreciate your feedback or other suggestions about our Services, but you understand that the comments, suggestions or other feedback you give us about the Services (the “Feedback”) will constitute our confidential information and we are free to use, disclose, reproduce, license, distribute and exploit this Feedback as we see fit, without acknowledgment or compensation to you.


Enflux may, but has no obligation to, monitor User Content.  Enflux, in its sole discretion, may refuse to post, remove, or require you to remove, any User Content, in whole or in part, at any time. We further reserve the right to withhold and or discard any User Content, with or without notice, if deemed by us to be contrary to these Terms. For avoidance of doubt, Enflux has no obligation to store, maintain or provide you a copy of any User Content that you or other users provide when using the Services. Enflux takes no responsibility and assumes no liability for any User Content posted or provided by you or any third party.


Copyright Complaint Policy


If you are a copyright owner or a direct agent thereof and believe that any content include in the Services infringes upon your copyrights, you may notify us in writing at the following address:


Address:

Enflux, Inc.
3831 Sepulveda Blvd

Sherman Oaks, CA 91403 U.S.A.

Email: [email protected]


Any copyright notification submitted to us shall contain the following:


  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the material claimed to have been infringed, and enough pertinent information about the location of the material to enable us to locate it within the Site or the Services, as applicable;
  • your contact information such as an address, telephone number, and, if available, an e-mail address;
  • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Third-Party Websites; Third-Party Services; No Implied Endorsement


The Services may contain links to other websites owned by third parties (“Third-Party Sites”). Please note that when you click on any of these links, you are entering another website for which we have no responsibility or control. Enflux is not responsible for any activity occurring within Third-Party Sites. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of any Third-Party Sites, whether or not you were linked to or directed to a Third-Party Site through the Services. You acknowledge that Third-Party Sites may be subject to the applicable third-party provider’s terms of service, and you are solely responsible for reviewing and complying with any such terms of service.  In no event shall any reference in the Services to any third party, Third-Party Site or third-party product or service be construed as an approval or endorsement by us of that third party, Third-Party Site or of any product or service provided by a third party.




Disclaimer of Warranties


THERE IS IMPORTANT DOCUMENTATION THAT IS PROVIDED TO YOU WITH YOUR PURCHASED PRODUCTS AT THE TIME YOU ORDER AND/OR RECEIVE SUCH PRODUCTS. YOU MUST READ SUCH DOCUMENTATION BEFORE USING THE PRODUCTS. BY USING THE PRODUCTS, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND SUCH DOCUMENTATION.


THE SERVICES AND PROPERTY ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ENFLUX AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER ENFLUX NOR ITS SUPPLIERS OR LICENSORS WARRANT THAT ACCESS TO THE SERVICES WILL BE FREE OF DELAYS, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES ENFLUX NOR ITS SUPPLIERS NOR LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENTNESS, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICES OR ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING USER CONTENT) OF OUR USERS OR OTHER THIRD PARTIES.


FURTHER, ENFLUX AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SERVICES OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS OF ALL APPLICABLE JURISDICTIONS. NEITHER ENFLUX NOR ANY THIRD-PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE SITE, ITS SERVERS, THE MATERIALS OR THE SERVICES OR ANY E-MAIL SENT BY ENFLUX OR ANY THIRD-PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.


THE LAWS OF SOME COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS. NOTHING IN THESE TERMS SHALL HAVE THE EFFECT OF EXCLUDING OR LIMITING THOSE IMPLIED WARRANTIES WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Limitation of Liability


WHEN PERMITTED BY LAW, ENFLUX AND ITS SUPPLIERS AND LICENSORS WILL NOT BE RESPONSIBLE FOR INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF THE SERVICES, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ENFLUX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ENFLUX AND ITS SUPPLIERS AND LICENSORS FOR ANY CLAIMS UNDER THESE TERMS IS LIMITED TO AN AGGREGATE OF $100.


Indemnification


You agree to indemnify, hold harmless, and defend Enflux and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively “Indemnified Parties”) from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys’ fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (i) your use of the Services, (ii) your User Content, (iii) your breach of these Terms or (iv) any misrepresentation made by you.   You agree to fully cooperate in the defense or settlement of any claim at your expense as reasonably required by an Indemnified Party.  Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder.  You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.


Termination and Modification of the Services


We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, for all or some of our users, for any reason, at any time and in our sole discretion.  All of these changes shall be effective upon their posting on the Site or by direct communication to you unless otherwise noted.  


Amendments


We reserve the right, in our sole discretion, to modify or replace any part of these Terms at any time, effective upon the date of the modification. In the event of any such change, we will post a notice on the Site that we have changed these Terms.  We encourage you to visit this page periodically to monitor any changes. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Services. For the avoidance of doubt, such new features and/or services shall be subject to the terms and conditions of these Terms.


Governing Law


The formation, interpretation and performance of these Terms and any disputes arising out of these Terms shall be governed by the substantive and procedural laws of the State of California without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States of America.  The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Alameda County, CA, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to these Terms.  The application hereto of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.


Privacy


Your access to and use of the Services are governed by our Privacy Policy. We encourage you to read the Privacy Policy and to use the information it contains to help you make informed decisions.


Export control


By using the Services, you agree to comply with all applicable United States and foreign export control and trade sanctions laws (collectively, “Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (i) to any individual, entity, or country prohibited by Export Laws; (ii) to anyone on U.S. or non-U.S. government restricted parties lists; or (iii) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country, if you are currently listed on any U.S. or non-U.S. restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.


Equitable Relief


You acknowledge that a violation or attempted violation of any of these Terms will cause such damage to Enflux as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law.  Accordingly, you agree that Enflux shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these Terms by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Enflux in obtaining such an injunction, including, without limitation, attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.


Use of Our Services Abroad


Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law. We reserve the right to limit our Services in any country.


Miscellaneous


We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract. These Terms (including the Privacy Policy) constitute the entire agreement between you and Enflux and govern your use of the Services, superseding any prior agreements between you and Enflux with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software made available in the Services. These Terms do not confer any third-party beneficiary rights. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect. You may not assign these Terms without the prior written consent of Enflux, but Enflux may assign or transfer these Terms, in whole or in part, without restriction. If we fail to enforce any of these Terms, it will not be considered a waiver of such right. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via email to your email address on record in our account information. The Service may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Site. Such notice shall be deemed to have been given upon the expiration of 12 hours after sending (if sent by email) or immediately upon being provided on the Site. You may give notice to us (such notice shall be deemed given when received by us) at any time by letter delivered by nationally recognized overnight delivery service or first class prepaid mail to the address set forth directly below.


Enflux, Inc.
3831 Sepulveda Blvd

Sherman Oaks, CA 91403 U.S.A.

Phone: +1 773 896 6828

E-mail: [email protected]