Terms and Conditions
Thank you for visiting the website located at www.ensemble.net and/or any mobile site/application (collectively the “Site”). The Site is the property of Ensemble (“Company,” “we,” “us”). You (“you”) agree to the following Terms and Conditions (“Terms and Conditions”), in their entirety, when you access or use our Site. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to use the Site in any manner or form whatsoever.
Company provides illustrations, data, information and other material on the Site which is presented for your convenience (“Data”). The Data made available by and through the Site is provided for informational purposes only. While we are constantly updating our Data, we do not represent or warrant that the information provided will be 100% accurate and up to date and, as such, Company shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site including, without limitation, the Data.
Requirements. You agree that Company shall have no obligation and incur no liability to any party in connection with the use of the Site and/or any Data. Company does not represent or warrant that the Data is accurate, complete or appropriate. You understand and agree that Company is not responsible or liable in any manner whatsoever for your inability to use the Site, the Data or for any dispute between you or other third parties. You understand and agree that Company shall not be liable to you or any third party for any claim in connection with your use of the Data and/or the Site. Further, to the extent You enter any information on the Site, you represent and warrant that you have the legal right to do so.
License Grant. You are granted a non-transferable, non-sublicensable, non-exclusive, non-transferable, revocable and limited license to access and use the Site and Data in accordance with these Terms and Conditions. Company may terminate this license at any time for any reason. Unless otherwise expressly authorized by Company, you may only use the Data and Site for your own personal, non-commercial use. No part of the Site including, but not limited to, the Data, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Data and/or any portion thereof. You may not create any “derivative works” by altering any aspect of the Data and/or Site. You may not use the Data and/or Site in conjunction with any other third-party content. You may not exploit any aspect of the Data and/or Site for any commercial purposes not expressly permitted, in writing, by Company. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure. You further agree to indemnify and hold harmless Company for your failure to comply with this Section. Company reserves any rights not explicitly granted in these Terms and Conditions.
Proprietary Rights. All Data and other material posted or made available by and through the Site including, but not limited to, the design, selection, arrangement and coordination of Data, is owned or licensed by or to Company or its respective owner, and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in these Terms and Conditions, no part of the Site, Data or other material posted or made available by and through the Site may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Company’s prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Data or other material posted or made available by and through the Site. The posting of information or material at the Site by Company does not constitute a waiver of any right in such information and materials. Company reserves all rights not expressly granted hereunder. The Company name and logo are trademarks of Company. All custom graphics, icons and service names are trademarks of Company. All other trademarks are the property of their respective owners. The use of any Company trademark without Company’s express written consent is strictly prohibited. Disputes may arise between you and others or between you and Company related to the Data or other material posted or made available by and through the Site or commercial activity conducted by and through the Site. Such disputes could involve, among other things, the Data; other material posted or made available by and through the Site; use or misuse the Data; the infringement of copyrights, trademarks or other rights in intellectual property; defamation; fraud; infringement upon rights of publicity and/or privacy; the use or misuse of information; and violations of law. You agree that all claims, disputes or wrongdoing which result from, or which are related in any way to, the Data or other information that you transmit, re-transmit, post or receive through the Site are your sole and exclusive responsibility. Company expressly disclaims all responsibility and liability for uses by you of any Data or other information obtained on, through or in connection with the Site.
Disclaimer of Warranties. THE SITE, ANY INFORMATION CONTAINED THEREIN, THE DATA AND/OR ANY OTHER COMPANY PRODUCTS AND/OR SERVICES OFFERED THROUGH THE SITE, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT THE SITE, ANY INFORMATION CONTAINED THEREIN, THE DATA AND/OR ANY OTHER COMPANY PRODUCTS AND/OR SERVICES OFFERED THROUGH THE SITE: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (c) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (d) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; AND/OR (e) WILL BE ACCURATE OR RELIABLE. THE SITE, ANY INFORMATION CONTAINED THEREIN, THE DATA, AND/OR ANY OTHER COMPANY PRODUCTS AND/OR SERVICES OFFERED THROUGH THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, ANY OTHER USERS OF THE SITE, THIRD PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (a) THE USE OR THE INABILITY TO USE THE SITE, ANY INFORMATION CONTAINED THEREIN, THE DATA AND/OR ANY OTHER COMPANY PRODUCTS AND/OR SERVICES OFFERED THROUGH THE SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER COMPANY PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; AND (c) ANY OTHER MATTER RELATING TO THE SITE, ANY INFORMATION CONTAINED THEREIN, THE DATA AND/OR ANY OTHER COMPANY PRODUCTS AND/OR SERVICES OFFERED THROUGH THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, ANY INFORMATION CONTAINED THEREIN, THE DATA AND/OR ANY OTHER COMPANY PRODUCTS AND/OR SERVICES OFFERED THROUGH THE SITE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. ACCESS TO THE SITE AND DATA WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow certain limitations on liability and in such jurisdictions Company’s liability shall be limited to the maximum extent permitted by law.
Third Party Websites. The Site may contain links to other websites on the Internet that are owned and operated by third parties. In some instances, these websites are co-branded and the third parties are entitled to use Company’s name and logo on their third party websites. Company does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Company of the applicable website or any association with the website’s operators. Because Company has no control over such websites and resources, you agree that Company is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Company shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
Dispute Resolution Provisions. These Terms and Conditions shall be treated as though they were executed and performed in Los Angeles, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Should a dispute arise concerning these Terms and Conditions or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Los Angeles, California, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.
Miscellaneous. Should any part of these Terms and Conditions be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. These Terms and Conditions are personal between you and Company and govern your use of the Site. Company’s failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of these Terms and Conditions.
How to Contact Us. Our “Contact Us” page contains information that allows you to contact us directly with any questions or comments that you may have. We listen to or read, as applicable, every message sent in and endeavor to reply promptly to each one. This information is used to respond directly to your questions or comments. If you have any questions about these Terms and Conditions or the practices of Company, please feel free to contact us.