1.2. By accessing the Website or using the Services, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all paid notices provided to you in electronic form. Please print a copy of this Agreement for your records. This Agreement may be modified by Enta.ph from time to time, such modifications to be effective upon posting by Enta.ph on the Website.
1.3. By using the Services, you consent to receive this Agreement in electronic form by using the Services. To withdraw this consent, you must cease using the Services and terminate your account.
1.4. Our service is a platform wherein sellers and buyers may have direct access to the real estate market. Sellers may opt to enter their listings for sale and for rent. On the other hand, the buyers, using our platform, system and algorithm, may carefully choose properties of their preference.
YOU ACKNOWLEDGE THAT ENTA.PH DOES NOT PROVIDE ACCOMODATION OR LOGISTICS SERVICES OR FUNCTION AS A LANDLORD.
2.1. You must be at least 18 years of age to access and use the Services. Any use of the Services is void where prohibited. By accessing and using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Using the Services may be prohibited or restricted in certain countries. If you use the Services from outside of the Philippines, you are responsible for complying with the laws and regulations of the territory from which you access or use the Website or Services.
3.1. You may register as a Member at no cost. As a Member, you may use some, but not all, of the features and Services that may be available within the Services. To access or use certain additional features and Services which Enta.ph may in its sole discretion offer at certain times, you may also become a paying subscriber to the Services. The policies of such additional Services that are disclosed to you when you subscribe to the Services are a part of this Agreement. Absent special offers, you acknowledge and agree that if you are not a subscriber, you will not be able to use all the features and Services available within the Services. A Member profile (both subscribers and non-subscribers) may remain posted on the Website even if that Member is not actively using the Services.
4. Term and Termination
4.1. This Agreement will remain in full force and effect while you use the Services and/or are a Member.
4.2. All listings are active until the termination date ("Listing Termination Date") set by the Member posting the listing. If such a Listing Termination Date is not set, then the listing is considered active.
4.3. You may de-activate your Listing at any time by setting the Listing Termination Date.
4.4. Should you wish to cancel your subscription, kindly email email@example.com for reviewal of your account.
4.5. Enta.ph may terminate or suspend your listing and/or membership in the Services at any time without notice if Enta.ph believes that you have breached this Agreement. Upon such termination or suspension, you will not be entitled to any refund of unused fees (if applicable) and, if applicable, all unpaid amounts and other fees you owe will immediately be due. Enta.ph is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
4.6. After your membership or listing is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
4.7. In the event of any breakdown or stoppage of our website, we will issue credit upon request or on a case to case basis. Credit provided will only be in the form of extending the listing or paid subscription which is equivalent to the days the website was down.
4.8 Enta.ph has the right to reject any membership.
4.9. In the event that the member has more than two (2) charge back per year from his customer, Enta.ph may exercise the right to reject his customer's subsequent membership.
We will not be able to issue credit based on the following exceptions:
5.1. Circumstances that are beyond reasonable control, including , without limitation, acts of war, insurrection, sabotage, embargo, natural disaster (i.e. fire, flood, earthquake, tornado, etc.,), strike or any disturbance, interruption of or delay in transportation, communication or third party Services failure.
5.2 Software bugs or flaw
5.3. Network floods, attacks from outside party or individual.
5.4 Downtime due to routine maintenance.
6. Non-commercial Use by Members.
6.1. The Website and Services is for personal use only. Members may not use the Services in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or Services not offered by Enta.ph or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the Website may not use any information obtained from the Services to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Services or the Website for any purpose. Enta.ph may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website.
7. Your Interactions with Other Members
7.1. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT Enta.ph CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS MEMBERS. Enta.ph ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF OR INFORMATION PROVIDED BY ITS MEMBERS. Enta.ph MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. Enta.ph RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
7.2. Enta.ph is not responsible for the conduct of any Member. As noted in and without limiting Sections 24 and 25 below, in no event shall Enta.ph, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website or Services including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or persons you meet through the Services. You agree to take all necessary precautions in all interactions with other Members, particularly if you decide to communicate off the Website or meet in person, or if you decide to send money to another Member. You understand that Enta.ph makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Services. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Members except by going through Enta.ph.
8. Proprietary Rights.
8.1. Enta.ph owns and retains all proprietary rights in the Website and the Services, and in all content, trademarks, trade names, Services marks and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of Enta.ph and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, Services marks, or other intellectual property or proprietary information accessible on the Website or through the Services, without first obtaining the prior written consent of Enta.ph or, if such property is not owned by Enta.ph, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
9. Content Posted by You on the Website.
9.1. You are required to maintain the confidentiality of all logins and passwords. You are solely responsible for the activities that occur under your account, login or password.
9.2. You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, "post") on the Services or transmit to other Members, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, "Content"). You may not post on the Website or as part of the Services, or transmit to Enta.ph or any other Member (either on or off the Website), any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person's rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
9.3. You understand and agree that Enta.ph, but is not obligated to, monitor or review any Content you post on the Website or as part of a Services. Enta.ph may delete any Content, in whole or in part, that in the sole judgment of Enta.ph violates this Agreement or may harm the reputation of the Website or Enta.ph. Enta.ph may restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.
9.4. By posting Content on the Website or as part of the Services, you automatically grant to Enta.ph, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, (iii) sell all contents without sharing proceeds generated with you there from. You represent and warrant that any posting and use of your Content by Enta.ph will not infringe or violate the rights of any third party and/or you.
9.5. In addition to the types of Content described in Section 8(a) above, the following is a partial list of the kind of Content that is prohibited on the Website. You may not post, upload, display or otherwise make available Content that:
9.5.1. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
9.5.2. advocates harassment or intimidation of another person;
9.5.3. requests money from, or is intended to otherwise defraud, other users of the Website or Services;
9.5.4. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" (or "spimming", "phishing", "trolling" or similar activities);
9.5.5. promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
9.5.6. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
9.5.7. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
9.5.8. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
9.5.9. provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
9.5.10. provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone's privacy, or providing, disseminating or creating computer viruses;
9.5.11. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
9.5.12. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
9.5.13. provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
9.5.14. disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users' ability to engage in real time exchanges;
9.5.15. solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person's personal information without his or her permission; and
9.5.16. publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
9.6. Enta.ph reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the Website or Services and terminating or suspending the membership of such violators. Your use of the Website and Services, including all Content you post through the Services, must comply with all applicable laws and regulations. You agree that Enta.ph may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer Services or allow you to use the Website in the future; or (v) protect the rights, property or personal safety of Enta.ph or any other person.
10. Prohibited Activities
Enta.ph reserves the right to investigate and/or terminate your membership if you have misused the Services or behaved in a way Enta.ph regards as inappropriate or unlawful, including actions or communications the occur off the Website but involve Members you meet through the Services. The following is a partial list of the type of actions that you may not engage in with respect to the Services. You will not:
10.1. impersonate any person or entity.
10.2. solicit money from any Members.
10.3. post any Content that is prohibited by Section 9.
10.4. "stalk" or otherwise harass any person.
10.5. express or imply that any statements you make are endorsed by Enta.ph without our specific prior written consent.
10.6. ask or use Members to conceal the identity, source, or destination of any illegally gained money or products.
10.7. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Website, Services or its contents.
10.8. collect usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website.
10.9. interfere with or disrupt the Services or the Website or the servers or networks connected to the Services or the Website.
10.10. email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
10.11. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Website or Services (either directly or indirectly through use of third party software).
10.12. "frame" or "mirror" any part of the Services or the Website, without Enta.ph's prior written authorization.
10.13. use meta tags or code or other devices containing any reference to Enta.ph, the Website or the Services (or any trademark, trade name, Services mark, logo or slogan of Enta.ph) to direct any person to any other website for any purpose.
10.14. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or the Website or any software used on or for the Services or the Website, or cause others to do so.
10.15. post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Website or the Services other than solely in connection with your use of the Services in accordance with this Agreement.
11. Customer Services
11.1. Enta.ph provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives (whether over the telephone, or via email or letter), you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused advertisement fees.
12. Charges on Your Billing Account.
12.1. Enta.ph bills you through an online account (your "Billing Account") for use of the Services. You agree to pay Enta.ph all charges at the prices you agreed to for any use of the Services by you or other persons (including your agents) using your Billing Account, and you authorize Enta.ph to charge your chosen payment provider (your "Payment Method") for the Services. You agree to make payment using that selected Payment Method. Enta.ph may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This Section includes any agreements you made with Enta.ph on the Website when becoming a Member or advertising at our Website. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Enta.ph may in its discretion terminate your account immediately. If Enta.ph successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or advertisement reinstated.
12.2. You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify Enta.ph if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made at "My Profile" on the Website. If you fail to provide Enta.ph any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
13. Actions, Responsibilities, and Payments regarding Landlords and Renters
13.1 Definitions of Certain Key Terms
Listing refers to a residential or other property listed by a Member as available for another Member to request a booking to rent through the Website and Services.
Seller refers to a Member who creates a Listing via the Website and Services.
Buyer/Renter refers to a Member who looks for and chooses listings to buy or rent via the Website or Services.
Tax or Taxes refers to any sales taxes, value added taxes ("VAT"),
Broker Fee refers to the percentage the broker gets from sale.
13.2. Registering as a Member
13.2.1. Only Members can use the Website and Application to view Listings, create a Listing, or to attempt to contact sales representative or owner of listing. To become a Member, you must first register to create an account ("Enta.ph Account").
13.3. Creating Listing, Responding to inquiries
13.3.1. When creating a Listing, you must provide information on the property including but not limited to location (a valid physical address), availability, capacity, size and features, as well as pricing, financial terms and related rules. You agree that once a potential buyer or renter attempts a purchase or rent of the listing, you may not request the buyer to pay a price higher than the price in the listing.
13.3.2. When you create a Listing, any requirements you would need from the buyer may be communicated once buyer has contacted you through the information you have posted with the listing.
13.3.3. Sellers and landlords must always respond to any form of communication from potential buyers and renters. Enta.ph will not be liable to any form of loss of sale due to unresponsive sellers or landlords. Whereas sellers and landlords must inform Enta.ph any form of misconduct or gross disrespect showed by other members (buyers/renters) in the platform, Enta.ph will then investigate if removal of account is the appropriate action towards offenders.
13.4. Transaction and payment of buyer to seller
13.4.1. As Enta.ph is the acting platform for postage of listings, connecting of potential buyers to brokers, agents or landlords, Enta.ph is not liable, and will not be held responsible towards any transactions that will be made after connecting buyer to seller, or any other transactions done outside the platform.
13.5. Sold listings
13.5.1. It is the job of the seller or landlord to update their listings especially listings that are no longer available, repeated inquiries from sold or unavailable listings may affect credibility of both seller/broker and the platform, that being said, repeated offenses may result in suspension or termination of listings.
14. Information regarding Taxes
14.1. You as a Landlord or seller agree that you are solely responsible for determining (a) your applicable Tax requirements, (b) the Taxes which should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting any Taxes included or received by you to the appropriate Tax-related authority. Enta.ph does not offer Tax-related advice to any Member; Members should consult their own Tax advisors.
14.2. Enta.ph may issue a valid VAT invoice to a Landlord where applicable, or upon a request from such Landlord.
14.3. You acknowledge that certain government agencies, departments or authorities ("the Tax Authority") based on the location of your Lodging may require Taxes to be collected from Landlords or Renters on the amount paid for the right to use and/or occupy such Lodging, and be remitted to the respective Tax Authority. The applicable law in each jurisdiction may be different, but these taxes may be required to be collected and remitted as a percentage of the rent or Lodging Fees set by Landlords, a set amount per day, or using other calculation methods, and are sometimes called "occupancy taxes", "hotel taxes", "lodging taxes", "sales and use taxes", "value added taxes", "room taxes", "transient taxes" or "room taxes" etc (hereafter, "Occupancy Taxes")
14.4. Laws that may apply to your properties
Before you list your property at Enta.ph, you need to consider the laws, ordinances and regulations that are being implemented in your locale like:
Business Licenses, this information is available in your city websites, or you can call their offices and customer service to explain the licensing process for your plan to list your property for short or long term rental.
Zoning Rules, cities or counties have set of rules on the use of your property, you can find these information in the city or county websites about zoning code and city ordinances. Special permit, you can check with the city or county office or website if they require permits to rent your property.
15. Information regarding Payment Processing Errors
15.1. Enta.ph takes steps to rectify any payment processing errors of which Enta.ph has become aware, which may include crediting or debiting the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
16. Operations involving Foreign Currency
16.1. Definitions of currency terms
Seller Listing Currency refers to the currency the Seller chooses as the price of a Listing.
Seller Payment Currency refers the currency the Seller chooses as payout to the Seller, Search Currency refers to the currency Members use to check Listing prices. Renters or buyers may choose different Search Currencies in several different supported currencies.
16.2. Enta.ph platform allows users to view the price of Listings in a number of currencies, but the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location. Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$108.67 to buy �100.00, the currency conversion rate of US dollars to Euros would be 1.0867, and the currency conversion rate from Euros to US dollars would be 0.9202. Currency conversion rates will vary from time to time.
17. Modifications to Services
17.1. Enta.ph reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or the Services (or any part thereof) with or without notice. You agree that Enta.ph shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. To protect the integrity of the Website or the Services, Enta.ph reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website or Services.
18. Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement
18.1. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
18.1.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
18.1.2. a description of the copyrighted work that you claim has been infringed;
18.1.3. a description of where the material that you claim is infringing is located on the Website (and such description must be reasonably sufficient to enable Enta.ph to find the alleged infringing material, such as a url);
19. Communications and Test Profiles.
20.1. You acknowledge and agree that neither Enta.ph nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted on the Website or provided in connection with the Services, whether caused by Members or any of the equipment or programming associated with or utilized in the Website or Services; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Member; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Member communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Services. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Enta.ph PROVIDES THE WEBSITE AND THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Enta.ph DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE OR IN THE SERVICES WILL BE CORRECTED.
20.2. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICES OR WEBSITE.
20.3. From time to time, Enta.ph may make third party opinions, advice, statements, offers, or other third party information or content available on the Website and/or through the Services. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. Enta.ph DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE WEBSITE OR PROVIDED THROUGH THE SERVICES, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR SERVICES. UNDER NO CIRCUMSTANCES WILL Enta.ph OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR SERVICES, OR TRANSMITTED TO OR BY ANY MEMBERS.
20.4. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website or through the Services is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Enta.ph makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website or Services. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
21.1. The Website may contain, and the Services or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that Enta.ph is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or Services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website or Services, including payment and delivery of related goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that Enta.ph shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or Services or other materials available on or through any such website or resource.
22. Limitation on Liability
22.1. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL Enta.ph, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICES PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICES INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF Enta.ph HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Enta.ph LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A Enta.ph CREDIT COUPON OF VALUE UP TO TEN PERCENT (10%) DISCOUNT ON FEES PAYABLE BY YOU TO Enta.ph FOR SERVICES, WITH SUCH CREDIT COUPON EXPIRING IN THIRTY (30) DAYS. YOU AGREE THAT 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 WEBSITE OR SERVICES OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
23. Arbitration and Governing Law.
23.1. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Services, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Enta.ph in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Enta.ph any class action, class arbitration, or other representative action or proceeding.
23.2. By using the Website or the Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Enta.ph (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
23.3. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Enta.ph (except for small-claims court actions) may be commenced only in the federal or state courts located in Santa Clara County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
23.4. This Agreement, and any dispute between you and Enta.ph, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
24. Indemnity by You
24.1. You agree to release, indemnify and hold Enta.ph, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), and in any matter, any postings or Content you post on the Website or as a result of the Services, and the violation of any law or regulation by you. This includes but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind incorrect arising in connection with or as a result of a rental, booking or use of a Accommodation; and (e) your participation in the Referral Program or your accrual of any Enta.ph Discounts. Enta.ph reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Enta.ph connection therewith.
25.1. Enta.ph may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. Such notices may not be received if you violate this Agreement by accessing the Services in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.
26. Entire Agreement; Other.
27.1. This Agreement is subject to change by Enta.ph at any time. The revised terms will be effective upon posting on the Website and your use of the Services after such posting will constitute acceptance by you of the revised Agreement.
28. Special State Terms
The following provisions are added to this Agreement for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin:
28.1. You, the buyer, may cancel this agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to: Enta.ph Attn: Customer Care 2127 Ringwood Avenue San Jose, CA 95131, USA. Please include your Enta.ph.com username and email address in any correspondence or your refund may be delayed. If you cancel, Enta.ph will return, within ten days of the date on which you give notice of cancellation, any payments you have made. If you send or deliver the notice to cancel your paid subscription agreement within such three day period, we will refund the full amount of your paid subscription.
28.2. In the event that you die before the end of your paid subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your paid subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the Services of Enta.ph) before the end of your paid subscription period, you shall be entitled to a refund of that portion of any payment you had made for your paid subscription which is allocable to the period after your disability by providing Enta.ph notice at the same address as listed above.
29. Shipping Policy
29.1. We currently only offer Services through our website. We do not conduct and shipping and delivery of physical goods based on our operation.
30. Contact Information
Questions or concerns: firstname.lastname@example.org