Terms of Service

These Terms of Service are an agreement between you and Ordered Wave, LLC (referred to in these Terms of Service as "Ordered Wave", "us", "we" or "our"), the provider of the Enrollware website and the services accessible from the Enrollware website (which are collectively referred to in these Terms of Service as the "Services").

This Agreement governs your access to and use of the Services. By using or accessing the Services you agree to abide by this Agreement without modification by you. If you do not agree, you are not permitted to use the Services.

Your Responsibilities

You are solely responsible for maintaining the security of your account and are responsible for all activities that occur within that account and any other actions taken on the Services, including actions taken by your designates, agents, contractors, and employees and all individuals that you register as users in your account (“Your Users”).

You will ensure that you and Your Users comply with all of the provisions of this Agreement and any applicable local, state, national and foreign laws, including those related to data privacy and transmission of personal data, at all times while using the Services. Any reference in this Agreement to your “access” or “use” of Services (or similar phrase) is deemed to include access or use by you or Your Users, and any act or omission of one of Your Users that does not comply with this Agreement will be deemed a breach of this Agreement by you.

You are solely responsible for any liability resulting from your or any of Your Users’ handling of payment card data. You agree that you and Your Users will comply with PCI DSS anytime the Services are used to process credit cards.

You are responsible for keeping your password secure. Ordered Wave cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.

You and Your Users will not:

  1. Submit any infringing, obscene, defamatory, threatening, or otherwise unlawful material to the Services, including material that violates privacy rights.
  2. Interfere with or disrupt the integrity or performance of the Services or the data contained therein.
  3. Attempt to gain access to the Services or related systems or networks in a manner not permitted by this Agreement.
  4. Post, transmit or otherwise make available through or in connection with the Services any virus, spyware, malware or other harmful computer code, files, scripts or programs.
  5. Remove any copyright, trademark or other proprietary rights notice from the Services.
  6. Frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service.
  7. Resell the Services.
  8. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services.
  9. Infringe or violate the rights of any other party, including without limitation any intellectual property rights, including copyright laws, or rights of privacy or publicity.

Fees and Payment Terms

You agree to pay all fees associated with your access to and use of the Services, as set out in the welcome email sent to you upon the start of your subscription to the Services. Failure to pay fees when due will be deemed to be a violation of this Agreement. The fees paid are non-refundable.

Ordered Wave reserves the right to change or modify its prices and fees at any time, and such changes or modifications will be posted online at the Enrollware website. If Ordered Wave does for any reason modify or change the prices for your service plan, we will provide you with at least two (2) months’ advanced notice via email.

Privacy

The privacy policy that governs your use of the Services is published in a separate document, available in the footer of the enrollware.com home page (the “Privacy Policy”). The Privacy Policy describes how Ordered Wave uses and protects your data and content. By using the Services or agreeing to these terms, you consent to Ordered Wave’s collection, use, and disclosure of your data and content as described in the Privacy Policy. You also agree that any collection, use, or disclosure of third party information collected through your use of the Services shall comply with all applicable privacy laws and shall be subject to privacy obligations that are no less onerous than those set out in the Privacy Policy.

Content Ownership

We claim no ownership rights over the content or data submitted or created exclusively by you or Your Users in your account. Any content or data that is yours remains yours. These Terms of Service do not grant us any licenses or rights to your content or data except for the limited rights needed for us to provide the Services to you. Similarly, any reporting data we collect from your use of the Services remains yours. By using the Services you agree that we can use this data to provide the Services to you.

The contents of the Services are copyrighted under the United States copyright laws. Enrollware, and the associated logos, are trademarks of Ordered Wave and may not be used without our written permission. You may not duplicate, copy, or reuse any portion of the web site’s HTML/CSS, images, and/or content without our written permission. You do not acquire any ownership rights by using the Services.

You represent and warrant that any information or content that you upload to your account or otherwise provide to Ordered Wave in connection with the Services is owned by you or that you have a valid and legal license agreement authorizing you to publish, use, or otherwise transmit the content on or through your Services.

Termination of Services

If you or your users violate this Agreement, then Ordered Wave may, in its sole and absolute discretion, take any or all of the following actions:

  1. Suspend or cancel your access to the Services.
  2. Suspend or cancel Your Users’ access to the Services.
  3. Refer any illegal activity to appropriate authorities.
  4. Terminate this Agreement.

You may cancel or terminate the Services at any time by e-mailing a request to support@enrollware.com. If the Services are canceled or terminated (whether by you or us), your right to use and access the Services stops immediately. If the Services are canceled or terminated we will delete the data and content associated with your account.

Future Changes

We reserve the right, in our sole discretion, to change, modify, add to, supplement or delete any portion of these Terms of Service at any time, effective with or without prior notice; provided, however, that we use reasonable efforts to provide you with notification of any material changes, as determined in our sole discretion.

If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using the Services. Your continued use of the Services following any revision to this Agreement constitutes your complete acceptance of any and all such changes. Any new features that augment or enhance the current Services, including the release of new tools and resources, will be subject to these Terms of Service.

Indemnification

You agree to indemnify and hold Ordered Wave, its parents, subsidiaries, affiliates, officers, partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, use of your account by any third party, your violation of these Terms of Service, or any infringement by you or any third party using your account.

Disclaimer

The Services and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether expressed or implied. Ordered Wave is a distributor and not a publisher of the content supplied by third parties; as such, Ordered Wave exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Services. Without limiting the foregoing, Ordered Wave specifically disclaims all warranties and representations in any content transmitted on or in connection with the Services or on sites that may appear as links on the Services, or in the products provided as a part of, or otherwise in connection with, the Services, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Ordered Wave or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Without limiting the foregoing, Ordered Wave does not warrant that the Services will be uninterrupted, uncorrupted, timely, or error-free.

Limitation of Liability

Ordered Wave will not be liable for any indirect, incidental, special, exemplary or consequential damages, lost profits, lost data, or business interruption, in any way whatsoever arising out of the use of, or inability to use, the Services, whether or not Ordered Wave is advised of the possibility of such damages.

To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Services under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).

Jurisdiction

These Terms of Service and any claim or dispute arising under or related to these Terms of Service will be construed, pursued and resolved in accordance with and will be governed by the laws of the State of Florida. You irrevocably consent to the exclusive jurisdiction of the courts of Florida and the federal courts situated in Florida in connection with any action or dispute arising between the parties under or in connection with these Terms of Service.

General

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of Ordered Wave. Ordered Wave operates and controls the Services from its offices in the United States. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Service (which include and incorporate the Ordered Wave Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and Ordered Wave concerning its subject matter, and cannot be changed or modified by you.

Last revised on 12/10/2017.

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