Terms and Conditions
IMPORTANT NOTICE: THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION AND WAIVER OF JURY TRIALS AND CLASS ACTIONS GOVERNING DISPUTES ARISING FROM USE OF THE Enlistly SERVICES. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE MANDATORY ARBITRATION AND WAIVER OF CLASS ACTION SECTION BELOW. PLEASE READ CAREFULLY.
These Enlistly Services Terms and Conditions (“Terms”) govern access to and use of the Enlistly (“Enlistly,” “we” or “us”) websites and services (collectively, the “Site”) by site visitors (“Site Visitors”) and by individuals or entities who purchase services (“Enlistly Services”) or create an account (“Account”). By using the Site or any Enlistly Services, you as a Site Visitor or Account accept these Terms (whether on behalf of yourself or a legal entity you represent). Accounts and Site Visitors may be referred to in these Terms as “you” and “your” as applicable.
If you are an Affiliate and you or your organization are bound by a Shop Agreement with Enlistly LLC (“Shop Terms”), then these Terms will apply, if at all, only to use of the Site or any Enlistly Services to the extent such use is not already governed by such a Shop Agreement. For the avoidance of doubt, all references to the “Site” in these Terms also include the Enlistly Services.
BY ACCESSING, USING, OR DOWNLOADING ANY MATERIALS FROM THE SITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED AND MUST CEASE USING THE SITE IMMEDIATELY.
Your use of the Site and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations
Enlistly may, in its sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or Content provided on or through the Site. You agree that Enlistly may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Site or any Content. Enlistly may terminate or limit your access to or use of the Site if Enlistly determines, in its sole discretion, that you have infringed the copyrights of a third party. You agree that Enlistly shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or any Content, including Content that you may have Shared. Failure to pay affiliates can result in limited access or account termination.
Subscriptions payments are handled through Shopify's billing platform. Termination, refunds, and other payment related issues are to be directed to the Shopify. Enlislty is not responsible is not liable for any recurring charges process through Shopify Billing. It if your sole responsibility to keep payment information updated. A non payment may result in account termination or limited access.
Enlistly is not responsible and cannot be held accountable for a Shop's failure to pay an Affiliate or any 3rd party payment platform issues.
USE OF THE WEBSITE AND OF ANY MATERIALS ARE AT YOUR OWN RISK. ALL MATERIALS ARE PROVIDED "AS IS", WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. ENLISTLY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, ENLISTLY MAKES NO WARRANTY OR GUARANTEE THAT THE WEBSITE OR ANY MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THESE EXCLUSIONS OF WARRANTIES WILL APPLY TO YOU TO THE FULLEST EXTENT ALLOWED BY LAW.
IN NO EVENT WILL ENLISTLY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE WEBSITE OR USE OF THE MATERIALS, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE WEBSITE. THIS EXCLUSION AND WAIVER OF LIABILITY INCLUDES, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF DATA, EVEN IF ENLISTLY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, NO MATTER THE LEGAL THEORIES, AND WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
These Terms govern your use of the Website and constitute the entire legal agreement between you and Enlistly relating thereto. Additional or different terms, conditions, and notices may apply to specific components of Materials offered through the Website. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms. Please see the applicable agreement or notice. Enlistly reserves all rights not expressly granted under these Terms, including intellectual property rights, and no other rights are granted under these Terms by implication or estoppel or otherwise. Enlistly may update these Terms from time to time. It is your responsibility to check these Terms regularly. Enlistly’s failure to enforce any legal right or remedy contained in these Terms or applicable law shall not be deemed a formal waiver of those rights or remedies and those rights or remedies will still be available to Enlistly. If a court of competent jurisdiction deems any provision of these Terms invalid, the remaining provisions of these Terms will be unaffected. Except where otherwise required by law, any legal matter arising from these Terms shall be governed by the laws of the State of California without regard to its conflict of laws provisions and you agree to submit to the jurisdiction of the courts of Sacramento County, California. You acknowledge that Enlistly may apply for injunctive remedies in any jurisdiction. There are no third party beneficiary rights under these Terms.
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