Last Updated: December 20, 2022
These Terms and Conditions (“Terms”) are a legal agreement entered into by and between you and Enterra Solutions (“Enterra,” “we,” or “us”) and govern your access to and use of https://enterrasolutions.com/ (the “Website”), whether accessed directly or through any of our integrations (e.g., the SAP Store) and any services we provide (collectively, “Services”).
Please read the Terms carefully before you start to use the Website or our Services. By using the Website or Services, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Website or Services.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES OR CLAIMS RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES, RATHER THAN JURY TRIAL OR CLASS ACTIONS.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website or Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
By using the Website or Services, you represent and warrant that you are: (a) over 18 years of age or the age of majority in your jurisdiction, whichever is greater; (b) of legal age to form a binding contract; and (c) not a person barred from using the Website or Services under the laws of your country of residence or any other applicable jurisdiction.
You acknowledge that, as between you and Enterra, Enterra owns all right, title, and interest, including all intellectual property rights, in and to any and all intellectual property provided to you by Enterra in connection with the Website and Services (“Enterra IP”). For avoidance of doubt, Enterra IP includes any aggregated statistics and any information, data, or other content derived from Enterra’s monitoring of your access to or use of the Website or Services.
If you or any of your employees or contractors send or transmit any communications or materials to Enterra by mail, email, telephone, or otherwise, suggesting or recommending changes to Enterra, including without limitation, new features or functionality relating to our Website or Services, or any comments, questions, suggestions, or the like (“Feedback”), Enterra is free to use such Feedback irrespective of any other obligation or limitation between the you and Enterra governing such Feedback. You hereby assign to Enterra on your behalf, and on behalf of your employees, contractors and/or agents, all right, title, and interest in, and Enterra is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Enterra is not required to use any Feedback.
Our Website, the SAP Store and our Services, may provide links to other websites or resources. Enterra does not endorse and is not responsible for any third party content, advertising, products, services, or other materials on or available through such sites or resources. These sites are subject to different terms and conditions of use, which you are responsible for reviewing. Your dealings with advertisers and other third parties who market, sell, buy, or offer to sell or buy any goods or services on the Website or SAP Store are solely between you and the advertiser or other third party. You agree that Enterra is not liable for any damage or loss of any kind incurred as a result of any such dealings.
Enterra strives to maintain good availability of the Website but reserves the right at any time to modify, suspend, or discontinue the Website (or any portion thereof) with or without notice, and Enterra will not be liable to you or to any third party for any such modification, suspension, or discontinuance; provided that we will attempt to provide you advance notice of any anticipate suspension or discontinuance and refund you a on a pro-rata basis for any prepaid fees for the Website not yet received.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Website will be accurate, harmless, or error-free. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and accuracy of data input and output.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE WEBSITE AND THE WEBSITE’S CONTENT IS AT YOUR OWN RISK, THE SERVICES AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ENTERRA EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
You agree to defend, indemnify, and hold harmless Enterra, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (“Enterra Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website or Services other than as expressly authorized in these Terms or other applicable agreement between you and Enterra, except to the extent caused by the Enterra Parties’ gross negligence, fraud, or intentional misconduct.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ENTERRA PARTIES WILL NOT BE LIABLE FOR ANY LOST PROFITS OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF ENTERRA PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENTERRA PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE OR SERVICES EXCEED THE GREATER OF $25 OR THE AMOUNT PAID BY YOU TO ENTERRA FOR ACCESS TO THE WEBSITE OR SERVICES (OR PORTION THEREOF) AT ISSUE WITHIN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY RESULTING FROM ENTERRA PARTIES’ GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT.
All matters relating to or arising from the Website and these Terms will be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction).
ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS THEN-APPLICABLE RULES, INCLUDING (AS APPROPRIATE) ITS SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. THE AAA’S RULES ARE AVAILABLE AT HTTP://WWW.ADR.ORG/. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA’S RULES, EXCEPT THAT ENTERRA WILL PAY ALL ARBITRATION ADMINISTRATIVE OR FILING FEES, INCLUDING THE ARBITRATOR FEES (OTHER THAN ARBITRATOR FEES UP TO THE AMOUNT OF THE THENAPPLICABLE FEE FOR FILING A CIVIL ACTION IN FEDERAL COURT IN THE JUDICIAL DISTRICT WHERE YOU LIVE IN ANY DISPUTE WHERE YOU ASSERT A CLAIM AGAINST ENTERRA, UNLESS YOU DEMONSTRATE TO THE ARBITRATOR THAT YOU WOULD BE ENTITLED TO FILE THAT CIVIL ACTION IN FEDERAL COURT WITHOUT PAYMENT OF THE THEN-APPLICABLE FEE). THE ARBITRATION SHALL BE CONDUCTED IN THE ENGLISH LANGUAGE BY A SINGLE INDEPENDENT AND NEUTRAL ARBITRATOR. FOR ANY HEARING CONDUCTED IN PERSON AS PART OF THE ARBITRATION, YOU AGREE THAT THE HEARING WILL BE CONDUCTED IN THE LARGEST CITY IN YOUR STATE WITHIN 100 MILES OF WHERE YOU LIVE. THE DECISION OF THE ARBITRATOR SHALL BE FINAL AND BINDING. JUDGMENT ON THE ARBITRAL AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
WE EACH AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN PHILADELPHIA COUNTY, PENNSYLVANIA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
Notwithstanding anything to the contrary, you or Enterra may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.
These Terms, together with any other documents incorporated herein by reference, constitutes the sole and entire agreement of the you and Enterra with respect to the subject matter of these Terms and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter.
If any provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, then you and Enterra will negotiate in good faith to modify these Terms so as to effect their original intent as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
Our Website and Services are operated by Enterra Solutions. If you have any questions or concerns related to these Terms, please contact us at email@example.com