EnjoyERIE.com Services
EnjoyERIE.com

Introduction, General Description & Objections

EnjoyERIE.com provides a North West Pennsylvania, North East Ohio and Western New York community events information source as a service ( Services ), which promotes registered member ( user ) events and as such informs the visitor ( user ) community of those events. Through enlightened self-interest members provide information about various entertainment options so that visitors can have access to such information that is made available.

This page and or document states the terms and conditions ( Terms ) under which you may use EnjoyERIE.com ("Web Site"), and includes statements regarding Privacy and Trademark & Copyright Policies. Please read this page and related pages carefully. If you do not accept the Terms, do not use the Web Site and related services. By using the Web Site, you are affirming your agreement to be wholly bound by the Terms stated herein. If you are a Member or Visitor of the Web Site, your use of the Web Site is subject to the terms and conditions set forth.

EnjoyERIE.com may revise the Terms at any time by posting an update or making changes to this page. You should visit this page occasionally, because your continued use of the Web Site after EnjoyERIE.com posts changes to the Terms means you accepted the changes. Your use of the Web Site anytime after a posting of a change or a revision to these Terms connotes your implied acceptance of such change or revision. The terms "you", and "user" refer to all members and visitors accessing the Web Site for any reason.

Trademarks and Copyrights

See Trademarks and Copyrights Policy

Services

EnjoyERIE.com promotes registered member ( user ) events and as such informs the visitor ( user ) community of those events. Through enlightened self-interest members provide information about various entertainment options so that visitors can have access to such information that is made available. Unless explicitly stated otherwise, any new features, modifications or improvements that augment or enhance the current Services, including any new Services, will be subject to the Terms.

Use

To be a user of the Services, you must obtain access to the World Wide Web, through devices that access Web-based content, and pay any service fees associated with such access to the ISP. You must also provide all equipment necessary to make such connection to the World Wide Web. EnjoyERIE.com is not responsible for any cost(s) associated with your access to the ISP.

EnjoyERIE.com allows each member, by virtue of their authorized login name, and password(s), subject to all of the Terms stated, a non-exclusive, and non-transferable right to access the Web Site via the Internet and to use the Services, in object code form only, solely for internal business. Users shall not attempt to discover the source code or underlying ideas of the Services or modify, and create works based on the Services for the intent to rent, sell or distribute, otherwise transfer rights to the Services without EnjoyERIE.com s and MutualGravity s prior written consent.

Registration

To be a user of the Services you agree to provide and maintain true, accurate, current and complete information about yourself as required by the registration procedure. If you provide any information that is untrue, inaccurate, not current or incomplete, or there is a reasonable ground to believe the same, EnjoyERIE.com has the right to suspend or terminate your account and to refuse any and all current or future use of the Services.

You may register up to the number of users under your account, which corresponds to the level of Services you desire to receive and therefore for which you are obligated to pay a fee if so stipulated by EnjoyERIE.com. For these users you may assign access and provide passwords. You will be responsible for the confidentiality and use of your login name, account number(s) and password(s). You will be responsible for all electronic communications entered through or under the use of your login name, account number(s) and password(s). When EnjoyERIE.com receives communication under your login name, account number(s) and password(s) it will act as if you have sent it. You agree to immediately notify EnjoyERIE.com if you become aware that any of this information has been compromised.

User Information

Please read the EnjoyERIE.com Privacy Policy for specifics regarding handling and use of data transmitted and collected from users of the Web Site.

User Feedback & Suggestions

EnjoyERIE.com wants your voluntary comments, opinions and suggestions on the Services or event listings so that EnjoyERIE.com can continually enhance product features and performance for you and other customers. When you submit feedback, please understand that EnjoyERIE.com needs to the have full rights to use your ideas without any hindrance. You should understand that by submitting any suggestions to EnjoyERIE.com concerning the Services or event listings, you represent that you own or otherwise control the rights necessary to do so and you are granting EnjoyERIE.com permission to use such suggestions.

Security

You agree to use software that supports the Secure Socket Layer (SSL) protocol, produced by third parties, which includes, but is not limited to, "browser type" software that supports a data security protocol compatible with the protocol used by EnjoyERIE.com and to follow login procedures for Services that support such protocols. EnjoyERIE.com is not held responsible for notifying you of any upgrades to any such software or for any compromise of data that is transmitted across computer networks, including, but not limited to, the Internet.

EnjoyERIE.com will maintain the Services at a reputable third party Internet Service Provider and hosting facility, where they are subject to commercially reasonable security precautions to prevent unauthorized access, either physically or electronically to the Services. Users agree that, in spite of such security precautions, the use of, or connection to the Internet provides the opportunity for unauthorized third parties to thwart such precautions and illegally gain access to the Services and user data. As such, EnjoyERIE.com cannot and does not guaranty the privacy, security or authenticity of any information transmitted over or stored in any systems connected to the Internet. EnjoyERIE.com will not be held responsible and indeed will be held harmless for any access gained by a third party into any Internet storage system.

Outside Links

EnjoyERIE.com provides services to members and visitors through which there may be links to third party sites. These links are provided solely by our members as a convenience and are not an endorsement by us as to their contents. EnjoyERIE.com is not responsible for any content other than on EnjoyERIE.com Site and does not make any representations regarding the content, suitability, or accuracy of materials on third-party sites. If users or their customers decide to access linked third-party sites, they do so wholly at their own risk.

EnjoyERIE.com cannot and does not endorse or guarantee satisfaction with any products or services that are purchased from a third-party site. EnjoyERIE.com does not make any representations or warranties as to the security of any information (including, credit card and other personal information) that you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and activity. EnjoyERIE.com urges you to investigate thoroughly before proceeding with any online or off-line transaction with any of these third parties. EnjoyERIE.com will not be held responsible and indeed will be held harmless for any access to, or security of, any information (including, credit card and other personal information) gained by a third party.

Payment Fees & Related Issues

EnjoyERIE.com may charge use fees for selected Services that are paid in advance of activation as determined by the specific product, service and use. By your use of this Site, you agree to pay all fees, if any, EnjoyERIE.com charges you for the Services. Accordingly, you agree to pay all costs (including attorney's fees and costs of litigation) if any, incurred by EnjoyERIE.com in collecting overdue fees from you, and to pay a late charge on any overdue fees at a rate equal to the lesser of 1.5% per month or the maximum rate allowed under applicable law. You also agree to pay all foreign duties and tariffs, federal, state and local taxes applicable to your access, use or receipt of the Services. You further agree that the Laws of the Commonwealth of Pennsylvania will control any dispute which may arise related to any term or condition of this agreement.

Should you believe there is an error in charges for use of Services you must contact EnjoyERIE.com in writing no later than 60 days after the error date to report the discrepancy. If notice is not received within the prescribed time you waive any right to adjustment or credit.

Agreement Term

The term of this agreement is set for as long as a member or visitor uses the Service that is registered for and utilized and renews automatically unless (written) notification is provided by the users. EnjoyERIE.com shall retain client data for a period of thirty 30 days after expiration or termination of this agreement. After thirty 30 days, EnjoyERIE.com may delete and destroy all member data without notice or further liability to client.

Warranty Disclaimer

EnjoyERIE.com warrants that the Services represented will perform substantially and materially in the manner and functions as described in the information provided on the C Web Site pages and under normal use by registered members of the Services in accordance of the agreement for such Services. The Users agree that the use of the Services are at the user s sole risk. The Services are provided for the member and visitors use as is and are provided on an as available basis. EnjoyERIE.com expressly disclaims all warranties of any kind, whether expressed or implied and further makes no warranty that the Services meet the User s requirements, that Services will be provided uninterrupted, be secure, timely, or error-free. Members agree and understand that any material that is uploaded, downloaded or used through the Service is done at the Member s own risk. Further, any damage to User s equipment or software as a result of using such material is solely the responsibility of the User. EnjoyERIE.com will be held harmless in all events related to any material that is uploaded, downloaded or used through the Service.

Limited Liability

In no event will EnjoyERIE.com be held liable for any direct, indirect, incidental, punitive or special damages arising out of this agreement with members and visitors including but not limited to loss of data, use, profits or other items not described.

Governing Law/Venue

As hereinabove stated, this Agreement and any disputes that arise hereunder shall be governed in all respects, interpretation, effect and validity by the laws of the Commonwealth of Pennsylvania, without regard of its conflict of laws principles. Any dispute under this agreement shall be brought solely in the state and federal courts of the Commonwealth of Pennsylvania, and the Client agrees to the jurisdiction of such courts. The Users agree further that any dispute must be brought forth within 1 year after the action arose or such action will be permanently barred.

Indemnity

The Members and Visitors agree to defend, indemnify and hold EnjoyERIE.com harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees and cost(s) of litigation arising from the User s violation of this agreement, state or federal laws or regulations, or any third party's rights, including but not limited to infringement of any trademark, copyright, violation of any proprietary right and/or invasion of any privacy rights. This obligation will survive the termination of the Services.

General Practices

EnjoyERIE.com may establish general practices and limits concerning use of the Services, and, in its sole discretion, this may impact on the established limits associated with your usage of the Service. EnjoyERIE.com reserves the right to assess your usage of the Services and when it exceeds defined and agreed upon limits require you to purchase Services proportionate with your usage and data storage. EnjoyERIE.com reserves the right to change these general practices and limits at any time, upon notice. EnjoyERIE.com reserves the right to terminate service if under its review EnjoyERIE.com determines any illegal activity is ongoing or underway in the use of its services.

Force Majeure

Neither EnjoyERIE.com nor the Users shall be in default if its failure to perform any obligation under this Agreement is caused solely by supervening conditions beyond that each party's reasonable control, including acts of God, civil commotion, war, strikes, labor disputes, third party Internet service interruptions or slowdowns, vandalism or hacker attacks, acts of terrorism or governmental demands or requirements.