| Notice of Information
Collected and Disclosed
This Policy tells you, among other things, what information
we gather from you through our Site, how we may use or disclose
that information, and our efforts to protect it.
In connection with your use of our Site, we may collect
the following information:
We do not disclose any nonpublic personal information about
you to anyone, except as permitted by law, however, we may
choose to disclose all of the information we collect, as
described above, to companies that perform marketing services
on our behalf or to other similar companies with whom we
have joint marketing agreements. ENTRIX is the owner of
the information collected on this Site. ENTRIX may share
aggregate information about our users with advertisers,
business partners, sponsors and other third parties, though
such summary information will not identify any specifics
related to you. We may use the personal identifying information
you provide to administer Site usage and monitor traffic-levels,
and to contact you regarding improvements we can make to
our Site and our services, if necessary. We also may use
IP addresses to analyze trends, administer the Site, track
user movement, and gather broad demographic information
for aggregate use. We may use your e-mail address to contact
you directly regarding services, products or information
that we believe might interest you. We will not sell, share,
or rent this information to others in ways different from
what is disclosed in this statement.
ENTRIX restricts access to your nonpublic personal information
to those employees who need to know that information to
provide merchandise or information to you. ENTRIX maintains
physical, electronic, and procedural safeguards to guard
your nonpublic personal information.
Choice/Opt-Out
If you prefer that we not disclose nonpublic personal information
about you to nonaffiliated third parties, you may opt out
of those disclosures; that is, you may direct us not to
make those disclosures (other than disclosures permitted
by law). If you receive communications from us that you
do not want to receive, you can opt-out from receiving these
communications, by specifically telling us to stop sending
them to you. If you wish to opt out of disclosures to nonaffiliated
third parties, you may call ENTRIX at the following number:
(713) 666-6223.
Onward Transfer (Transfers
to Third Parties)
We will apply the Notice and Opt-out policies discussed
above in the event we propose to disclose your information
to a third party.
Security
It should be noted that e-mails and other information you
send to us is not encrypted and cannot be considered a secure
means of transmitting sensitive information. ENTRIX will
never ask you to submit your financial data such as your
credit card account numbers, via e-mail. You should be aware
of the limitations of security, authentication, encryption,
and privacy measures used in connection with the Internet
and that any information you transmit through the Site may
be damaged, corrupted, "sniffed" and/or accessed
by another person without your permission.
Regardless of the precautions taken by you or by us, “perfect
security” does not exist on the Internet. We cannot
ensure or warrant the ultimate security of any information
you transmit.
Collection and Use of IP
Addresses
We may use IP addresses to analyze trends, administer the
Site, track user’s movement, and gather broad demographic
information for aggregate use. IP addresses are not linked
to personally identifiable information.
Cookies
A cookie is a small data file that certain Web sites write
to your hard drive when you visit them. A cookie file can
contain information such as a user ID that the Site uses
to track the pages you’ve visited.
When you register at the Site, ENTRIX uses a cookie to
store a unique, random user ID. We do not store passwords
or any personal information about you. We may use this ID
to identify you anonymously in our database and to track
information while you are on our Site. Cookies also enable
you to enter the Site as a registered user without having
to log on each time.
You can refuse cookies by turning them off in your browser.
You do not need to have cookies turned on to use the Site.
However, if you turn off cookies, then you may not be able
to utilize certain features of the Site.
Linked Sites
The Site may contain links to other sites. Please be aware
that ENTRIX may not be responsible for content or the privacy
practices of such other sites. We encourage our users to
be aware when they leave our Site and to read the privacy
statements of each and every website that collects personally
identifiable information. This privacy statement applies
solely to information collected by this Site.
Children’s Privacy
This Site is not directed at children under the age of 18
and does not knowingly collect personal information from
children under the age of 18. If ENTRIX obtains actual knowledge
that it has obtained personal information about a child
under the age of 18, that information is immediately and
permanently deleted from our records.
Changes to Privacy Policy
We may occasionally change this Privacy Policy. If we do,
we will post the changes on the Site. The changes will take
effect as soon as posted.
Contact Information
If you have a comment, question or request, or if you need
to contact ENTRIX for any other reason, there are four easy
ways to do so.
TERMS OF USE AGREEMENT
This Terms of Use Agreement (“Agreement”) constitutes
a valid, binding contract between you and ENTRIX, INC.,
a Texas corporation (“ENTRIX”), the owner and
operator of the site accessible through www.entrix.com,
with respect to the use of this website (the “Site”).
The products and services of ENTRIX are provided subject
to compliance with the terms of this Agreement. Your use
of this Site signifies and constitutes your acceptance of
this Agreement, as it may be amended from time to time.
Please read this Agreement carefully as it forms a binding
contract between you and ENTRIX. Please print a copy of
this agreement for your records.
ENTRIX takes the issue of privacy on the Internet very
seriously.
Use of Contents
You may use the Site only for your or your entity’s
internal general business purposes, such as gathering information
for your companies retention of ENTRIX to provide consulting
services. The information provided in the Site is provided
only in connection with the marketing efforts of ENTRIX
and is not to be used to seek similar opportunities from
competitive suppliers or in competition with ENTRIX. You
shall access or use the Site and its content only to process
transactions and shall not access or use the Site or its
content to provide information to third parties unrelated
to the allowed purposes of the Site. Content copied, downloaded
or printed must retain all the copyright, trademark and
other proprietary notices. For commercial use of any portion
of the contents you must secure the written consent from
ENTRIX.
Use of Site
Your use of the Site is at the sole discretion of ENTRIX,
which may deny you further use of the Site at any time,
for any reason, with or without cause. Your use of the Site
does not entitle you to continued use of the Site.
Your use of the Site must always comply with applicable
law. In particular, but without limitation, you agree and
represent not to use the Site to:
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impersonate any person or entity or falsely state
or otherwise misrepresent your affiliation with any
person or entity;
upload, post, e-mail or otherwise transmit any content
that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive
of another’s privacy, hateful, or racially,
ethnically or otherwise objectionable;
upload, post, e-mail or otherwise transmit any content
that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
or
upload, post, e-mail 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,
network, hardware or telecommunications equipment.
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User Submissions
By voluntarily submitting information, communications or
content (including pictures and anecdotes) to the Site,
you agree that such submissions are non-confidential for
all purposes. You further agree that such submissions become
the property of ENTRIX and that all title and interest therein,
including all rights of copyright, shall rest with ENTRIX
at the time they are submitted and/or posted. Such submissions
are subject to being used, reproduced, modified, published,
edited, translated, distributed, performed and displayed
in any media or medium, or any form, format or forum now
known or hereafter developed, for any purpose, in perpetuity
without further notice. The submission of such materials
in no way creates any obligation or duty on the part of
ENTRIX to post or use such materials or, if we do so, to
give you credit.
Links to Other Sites
The Site may contain links to third party websites. Such
third party websites are not under the control of ENTRIX.
Please note that ENTRIX is not responsible for the accuracy
or content of websites of other providers that may have
links from this Site. Accordingly, ENTRIX can make no representation
concerning the terms of use, privacy policies or content
of these sites to you, nor can the fact that ENTRIX has
provided this link serve as an endorsement by ENTRIX of
this or any other site. In creating hypertext links to any
other website, ENTRIX is not recommending that website or
giving any assurances as to its standing. ENTRIX is providing
this link only as a convenience to you. The inclusion of
these links is not intended to reflect their importance,
nor is it intended to endorse any views expressed, or products
or services offered, on these outside sites, or the organizations
sponsoring the sites. ENTRIX makes no warranties, explicit
or implied, regarding the performance of the links, the
performance of the outside sites or the contents of the
outside sites. If you decide to access linked third party
websites, you do so at your own risk.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS
ENTRIX AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS,
DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION
CLAIMS BASED UPON THE NEGLIGENCE OF ENTRIX, ARISING FROM
OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS,
AND ANY SITES LINKED TO THIS SITE.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE
IS PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. ENTRIX EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY,
NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE
WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT.
THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER,
OUR EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR
PARTICULAR PURPOSES OR NEEDS.
ENTRIX MAKES NO WARRANTY THAT:
(1) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE,
(2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SITE WILL BE ACCURATE OR RELIABLE, OR
(3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SITE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM ENTRIX OR THROUGH THIS SITE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. |
Limitations and Exclusions
of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ENTRIX SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF ENTRIX HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION
CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE.
NOTWITHSTANDING THE FOREGOING, ENTRIX’S (AND ITS AFFILIATE’S,
IF ANY) LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES
TO THE SUM OF PAYMENTS MADE FOR MERCHANDISE PURCHASED THROUGH
THIS SITE, BUT IN NO CASE SHALL SUCH AMOUNT EXCEED $100.
YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER
PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION
LAWSUIT AGAINST ENTRIX ARISING OUT OF THE USE OF THE SITE.
ENTRIX SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS
ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED
IN THIS SITE.
Intellectual Property Rights
The Site is protected by copyright, trademark, trade dress
and other intellectual property rights.
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ENTRIX grants you a personal, revocable, non-transferable,
and non-exclusive right and license to use the object
code of the Site on a single computer; provided that
you do not (and do not allow any third party to) copy,
modify, create a derivative work from, reverse engineer,
reverse assemble or otherwise attempt to discover
any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right
in the software for the Site.
The ENTRIX logos, and other trademarks, service marks,
labels, product names and service names (collectively,
the “Marks”) are owned or licensed by
ENTRIX. You agree not to copy, display or otherwise
use any of the Marks without the prior written permission
of ENTRIX. Notwithstanding the foregoing, the Marks
may not be used in any manner likely to cause confusion,
disparage or dilute these marks and/or in connection
with any product or service that is not authorized
or sponsored by ENTRIX, Inc.
The entire Site, and all object code and source code,
text, graphics, multimedia content, including but
not limited to images, illustrations, audio and video
clips, html and other mark up languages, and all scripts
within the site associated therewith, are copyright
2003, ENTRIX, Inc. All rights reserved. |
Modification
ENTRIX may update, revise, supplement, modify or amend this
Agreement at any time. Any updates, revisions, supplements,
modifications or amendments shall be effective immediately
upon its posting on the Site. You agree that you will be
bound by this Agreement, however and whenever it is updated,
revised, supplemented, modified, or amended, whether you
have actual or constructive notice of, and whether you have
used or continue to use the Site after, the updates, revisions,
supplements, modifications or amendments.
Entire Agreement
This Agreement constitutes the entire agreement between
you and ENTRIX with respect to your use of the Site. There
are no other representations, warranties, terms, agreements
or conditions, either written or oral, with respect to your
use of the Site except as set forth in this Agreement.
Severability
If any provision of this Agreement is deemed unlawful, void,
voidable or unenforceable for any reason, then that provision
shall be deemed severable from this Agreement and shall
not affect the validity or enforceability of any remaining
provisions.
Governing Law and Venue
This Agreement, the entire relationship between you and
ENTRIX, and any litigation or other legal proceeding between
you and ENTRIX (whether grounded in tort, contract, law
or equity) shall be governed by and construed in accordance
with the laws of the State of Texas, without giving effect
to its choice of law rules.
This contract is fully performable in Harris County, Texas.
Any litigation arising between the parties hereto shall
be brought only in the state or federal courts having subject
matter jurisdiction in Harris County, Texas. You hereby
irrevocably and unconditionally consent to the jurisdiction
of any such court and hereby irrevocably and unconditionally
waive any defense of an inconvenient forum to the maintenance
of any action or proceeding in any such court, any objection
to venue with respect to any such action or proceeding,
and any right of jurisdiction on account of the place of
residence or domicile of any party thereto.
Termination
ENTRIX may terminate your right to use this Site, with or
without cause at any time in its sole discretion, including,
without limitation, your violation of this Agreement, failure
to provide accurate registration data, and lack of use.
In the event of termination, all representations, warranties,
indemnifications, and promises made by you shall survive.
Contact Information
If you have a comment, question or request, or if you need
to contact ENTRIX for any other reason, there are four easy
ways to do so.
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