Terms and Conditions

1. Introduction.

Please read this page carefully. It contains the terms and conditions (“Terms and Conditions”) governing your access to and use of Enfuego Technologies, LLC’s Website or Services (as each are defined below), which are provided by Enfuego Technologies, LLC (“Enfuego”). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, your use is prohibited and unauthorized, and you shall not use Enfuego’s Website or Services. These Terms and Conditions are effective as of April 1, 2017. If you are using the Website or Services on behalf of an organization, you are representing that you have the authority to do so on behalf of your organization, and are able to bind them to the terms herein.

2. Binding Agreement.

These Terms and Conditions (as they may be amended from time to time by Enfuego), [together with Enfuego’s Privacy Policy and any other applicable agreement], form a binding agreement (“Agreement”) between you and Enfuego. Your access to or use of Enfuego’s Website and/or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use Enfuego’s Website and Services at your own risk.

3. Definitions.

In addition to terms defined through this Agreement, the following definitions apply to this Agreement:

3.1 “Enfuego Materials” includes any materials, methodologies, implementation plans, or other intellectual property used during the provision of Services.

3.2 Enfuego’s “Website” or “Site” means the website located at the following URL [ www.enfuegotech.com and www.enfuego.tech]or Enfuego’s application, under Enfuego’s control, whether partial or otherwise, and includes Content, Enfuego Materials, and Services (as applicable in each context).

3.3 “Content” means Enfuego’s webpages, web forms, programming (including software code used on the Sites and in the Services, including (i) tools, kits, and object libraries, (ii) all third-party or open-source code embedded therein, and (iii) any upgrades, updates, releases, fixes, enhancements, or modifications to the foregoing), graphics, images, design (color combinations and page layout), text, information, data, resumes stored in various databases operated and licensed by Enfuego, data submitted via the Sites by Users and other content made available through the Sites by Enfuego.

3.5 “Document” refers to any posting to a Site, whether a job or resume.

3.6 “Employer” means a person or entity that is accessing a Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment.

3.7 “Employer Materials” includes any brochures, emails, sample job postings, website content, career-fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents, or other materials provided by Employer, if any, for use in connection with the Services.

3.9 “Job Seeker” means a User who is accessing a Site to search for a job or in any other capacity except as an Employer.

3.10 “Services” means any services provided by Enfuego or its agents described herein [and specified more fully in another agreement, if applicable].

3.12 “User” refers to any individual or entity that uses any aspect of the Sites.

3.13 “You” or “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions, including all Users.

4. Intellectual Property Rights and Acceptable Use of the Sites and Services.

4.1 General Use Rules. The Sites are intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Sites only for lawful purposes within the stated context of Enfuego’s intended and acceptable use of the Sites. Enfuego is the sole interpreter of the Sites’ intended and acceptable use.

4.2 Enfuego Intellectual Property Rights. The Sites, the Enfuego Materials, and all right, title, and interest in and to the Sites and Enfuego Materials are the sole property of Enfuego or its licensors, and are protected by United States and foreign copyright, trademark, and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions to use the Services for the purposes authorized herein, Enfuego reserves for itself and its licensors all other rights, title, and interest. Without limitation on the foregoing, you shall not reproduce, modify, display, sell, or distribute the Content or Enfuego Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying, adapting, or reverse-engineering the HTML code used to generate webpages on the Sites; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts, robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider” any web pages or any Services provided on the Sites other than the search engine and search agents available from Enfuego on such Enfuego Sites and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari, Chrome); and (c) aggregating, copying, or duplicating in any manner any of the Content or information available from any of the Enfuego Sites, without the express written consent of Enfuego. The use of the Content on any other website or in a networked computer environment for any purpose is strictly prohibited. You shall not duplicate any Enfuego Materials for any purposes. “Enfuego,” the Enfuego design logo, and certain other names or logos are service marks or trademarks of Enfuego, and all related product and service names, design marks and slogans are the service marks or trademarks of Enfuego. In addition, the “look” and “feel” of the Sites (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Enfuego’s trademarks, service marks and copyrights. Any code that Enfuego creates to generate or display the Content or the pages making up the Sites is also protected by Enfuego’s copyright. You shall not remove any copyright, trademark, service mark, and other proprietary notices contained on the Content or Enfuego Materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.

4.3 License to Use by Users who are Job Seekers. Enfuego hereby grants Job Seekers a limited, terminable, non-exclusive right to access and use the Sites only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Sites solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Your use of the Sites is a privilege. Enfuego reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.

4.4 License to Use by Users who are Employers. Enfuego hereby grants Employers a limited, terminable, non-exclusive right to access and use the Sites only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Sites solely for your personal use directly related to searching for and recruiting job prospects. Enfuego also grants you a limited, terminable, non-exclusive license to use the Enfuego Materials and Services for your internal use only. You shall not sell, transfer or assign any of the Services or your rights to any of the Services provided by Enfuego to any third party without the express written authorization of Enfuego. You shall remain solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Enfuego reserves the right to suspend or terminate your access and use at any time if Enfuego determines that you are in breach of these Terms and Conditions.

4.5 Employer Materials. Employer represents, warrants, and covenants that any Employer Materials provided by Employer for use in connection with the Services shall not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants Enfuego a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer’s website solely in connection with the Services.

4.6 Use of Aggregate Data. You understand and agree that Enfuego owns and has the right to collect, extract, compile, synthesize, and analyze Aggregate Data. Enfuego may use such Aggregate Data for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated and anonymized form so that it cannot be identifiable as relating to you, your Company, or to any other Job Seekers. “Aggregate Data” means de-identified aggregated data or information regarding Job Seekers’ educational or career history (including, by way of example and not limitation, aggregate data relating to Job Seekers’ occupation, location, salary, education and experience).

4.7 Other Specific Rules Regarding Site Usage. You represent, warrant, and agree that you (a) are at least 18 years of age or older; and (b) shall not use (or plan, encourage, or help others to use) the Sites for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Sites complies with these Terms and Conditions and all applicable laws.

4.8 User Submissions. Enfuego welcomes your comments regarding the Services and the Sites and appreciates hearing from you. Please note, however, that Enfuego does not accept or consider creative ideas, suggestions, inventions or materials other than those that it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send Enfuego creative suggestions, ideas, drawings, concepts, inventions, or other information (a “User Submission”), you understand and agree that the User Submission shall become the property of Enfuego. User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on Enfuego’s part, and Enfuego will not be liable for any use or disclosure of any User Submission. Enfuego shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

  1. Third Party Providers. You acknowledge and agree that Enfuego may provide the Services using third party providers, including subcontractors and consultants (the “Third Party Providers”). You agree that, as between Enfuego and its Third Party Providers, Enfuego shall have sole responsibility for handling all billing and contract negotiations.

6. Disclaimers and Limitations on Enfuego’s Liability.

6.1 Allocation of Responsibility Enfuego assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions, or other conduct of Users. Enfuego acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring anything posted by Users. If notified by a User of a Document which allegedly does not conform to these Terms and Conditions, Enfuego may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. Enfuego has no liability or responsibility to Users for performance or nonperformance of such activities. Enfuego may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.

6.2 No endorsements by Enfuego. Nothing on the Sites shall be considered an endorsement, representation, or warranty with respect to any User or third party, whether in regards to its website, products, services, hiring, experience, employment, or recruiting practices, or otherwise.

6.3 WARRANTY DISCLAIMERS.

(a) THE SITES AND ALL CONTENT ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ENFUEGO, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. ENFUEGO MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.

(b) WITHOUT LIMITATION ON THE FOREGOING:

(i) ENFUEGO DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ENFUEGO IS NOT RESPONSIBLE FOR THOSE COSTS.

(ii) Enfuego makes no representations or guarantees regarding the truthfulness, accuracy, LEGALITY, completeness, timeliness, or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.

(iii) Enfuego makes no representations or guarantees regarding the Content of the Sites, including, but not limited to, broken links, inaccuracies or typographical errors.

(iv) ENFUEGO MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. ENFUEGO DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED, OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.

6.4 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.

(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, THE INTERNET GENERALLY, AND THE DOCUMENTS OR EMPLOYER MATERIALS THAT YOU POST, PROVIDE, OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITES.

(b) ENFUEGO SHALL NOT (OR ANY OF ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, MEMBERS, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITES AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ENFUEGO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN ENFUEGO’S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.

(d) IN NO EVENT SHALL ENFUEGO (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, MEMBERS, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF U.S. $200.00 (OR, IF YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH ENFUEGO, THE AMOUNTS ACTUALLY PAID BY YOU TO ENFUEGO UNDER THIS AGREEMENT IF GREATER THAN U.S. $200.00).

(e) Due to the nature of this Agreement, in addition to money damages, you agree that Enfuego shall be entitled to equitable relief upon a breach of this agreement by you.

6.5 User Authentication. Because User authentication on the Internet is difficult, Enfuego cannot and does not confirm that each User is who they claim to be. Because Enfuego does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Sites, in the event that you have a dispute with one or more Users, you release Enfuego from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

6.6 California Residents. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

7. Billing

Enfuego Technologies LLC offers its résumé services to the general public as a monthly subscription service following a free trial period. Whether you enroll in a Premium (unlimited resumes) or Lite (limited) membership will affect the amount automatically billed in advance each month via PayPal® . We do not store any of your payment information. In some instances you may be fortunate to have a former employer, Unemployment Agency, or other “Enterprise” customer of ours paying your fees on your behalf. In those instances your membership fees are covered under a separate agreement and your account will revert at the end of the agreed service period to an inactive membership with Enfuego unless you decide to continue by paying our monthly published rate. If you wish to continue to cruise the job market after landing a job, we encourage you to try the Lite membership for those occasional résumé needs.

8. Cancellation

We hate to see you go, however, you may cancel services at any time by clicking on the “Cancel Membership” button next to your profile image on our website. Cancellations take effect at the end of your Enfuego billing cycle and your account will revert to a free (inactive) account until you choose to re-activate your membership with us. We do not store any of your payment information. You will be able to continue generating résumés until the cancellation takes effect.

9. Refund Policy

We do not refund any portion of monthly subscription fees unless they are billed in error by us. In these instances, these refunds will be made via PayPal® and the valid payment method you have on record with them. We do not store any of your payment information.

10. Payment of Services upon Termination of Service Activation Agreement.

If at any time during the course of this Agreement you should terminate a Paypal service agreement in which these Terms and Conditions have been incorporated by reference, then Enfuego shall reserve the right to receive all payments from you for the Services used by you up to termination and for [fifty percent (50%)] of the remaining unused portion of said service agreement.

11. Links to Other Sites.

Enfuego contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Enfuego of the contents on such third-party websites. Enfuego is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.

12. Amendments to this Agreement and Changes to Sites.

Enfuego may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Sites (or as otherwise stated in the any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by Enfuego unless Enfuego agrees to them in a signed writing specifically including those new or different terms. Enfuego may change the Sites at any time.

13. Indemnity.

You shall defend, indemnify, and hold harmless Enfuego (and its subsidiaries, affiliates, officers, directors, members, employees, and agents) from and against any third-party claims, actions, or demands (including, without limitation, costs, damages, and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Sites, any Document posted, used, or relied upon by you, your use of the Services or your breach of this Agreement. Enfuego shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit, or proceeding.

14. User Information and Privacy Policy.

14.1 When you register on any of the Enfuego Sites or in connection with the Services, you will be asked to create an account and provide Enfuego with certain information, including but not limited to, a valid email address (“User Information”). You acknowledge and agree that you have no ownership rights in your account.

14.2 All User Information will be used in accordance with the terms of Enfuego’s Privacy Policy [hyperlink]. Please note, as set forth in the Privacy Policy, that Enfuego may collect certain User Information and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, Enfuego reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain User Information. In addition, third parties may retain cached copies of User Information.

15. Questions and Notices.

Questions concerning the use of the Sites should be directed to [legal@enfuego.tech]. Notices to Enfuego should be sent to the address listed on the Sites. We will send notice to you at the address submitted by you or to such other address as Enfuego reasonably determines is an appropriate address for you.

16. General.

Enfuego’s contact information is listed on the Sites. Enfuego makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Sites. If you access Enfuego from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement [and any other relevant agreement], if you have one, are governed by the internal substantive laws of the State of Arizona, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement, Enfuego’s Privacy Policy, [or any other relevant agreement] lie exclusively with the state or federal courts in the State of Arizona. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Sites, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Enfuego [in a particular “Legal Notice,” or material on particular web pages of the Sites], this Agreement [and any other agreements if applicable], constitute the entire agreement between you and Enfuego. Enfuego shall be entitled to its reasonable attorney’s fees and costs, in the event it must sue or defend any of the terms of its Agreement.

17. Rules regarding Posting, Conduct, and Security.

The following rules apply to your use of the Sites and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct, and security rules.

17.1 Posting Rules:

(a) You shall not post any Document to a Site that contains: (i) URLs or links to websites other than to recruitment related pages on your company website (to advertise your company or website, see our Advertising Info page.); (ii) copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner’s permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) irrelevant keywords or white text keywords (including any words embedded in the Document and hidden from the User); (vi) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.

(b) You shall not use a Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; (iii) post advertisements, or solicitations of business (including, but not limited to, email processors, any pyramid scheme or “club membership”); provided, however that Enfuego may allow posting of certain training and business opportunities (see 14.1(e) below).

(c) Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity, or, in the case of Users seeking employment, your qualifications as a candidate for employment. Documents that encourage the User to “email for more details” are not permitted.

(d) Job postings must describe individual openings for traditional W-2 or 1099 employees. You may not advertise multiple job openings in a single posting.

(e) In limited circumstances, at Enfuego’s sole discretion, Enfuego allows non-traditional job postings such as education/training, business opportunities, franchise, and multi-level marketing opportunities to be posted on the Sites. These non-traditional job postings may require an investment of time and/or money by the User seeking the position. Enfuego reserves the right, in its sole discretion, to move, modify, or remove entirely a non-traditional job posting if Enfuego deems such job posting to conflict with the best interests of its Users or detract from the User experience.

(f) Resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.

(g) Enfuego is under no obligation to monitor the Documents posted on the Sites, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at Enfuego’s sole discretion.

17.2 Conduct Rules:

(a) You shall not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the Employer’s business are prohibited.

(b) You shall not send unsolicited commercial email to Users or otherwise violate the CAN-SPAM Act.

(c) Protect your password. Your Enfuego account and any related Services accessed through such account are to be accessed and used solely by you. Upon your successful registration for a Enfuego account, you will be provided with a unique password that will permit you to access the account. You may not provide your password or otherwise permit access to your Enfuego account to any third party. You are responsible for maintaining the confidentiality of your information and password. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated malware scanning and cleaning tools on your network and individual computer(s).You are responsible for all uses of your account, whether or not authorized by you. If others use your password to post inappropriate material on the Sites, you risk losing your access to the Sites. You agree to notify Enfuego immediately of any unauthorized use of your account or password.

(d) Report inappropriate postings or conduct to [legal@enfuego.tech].

(e) You shall not delete or revise any material posted by any other person or entity.

(f) If at any time Enfuego comes to the understanding that you: (i) misled Enfuego regarding your business practices and/or services, or (ii) purchased services that do not represent your precise business, Enfuego reserves the right to terminate your Agreement.

17.3 Security Rules:

(a) Users are prohibited from violating or attempting to violate the security of the Sites, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Sites, overloading, “flooding”, “mail bombing” or “crashing”; (iv) sending unsolicited email, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

(b) Violation of these Security Rules may result in civil or criminal liability. Enfuego will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

18. Copyright Complaints.

18.1 Enfuego respects the intellectual property of others. It is Enfuego’s policy to respond to claims of copyright and other intellectual property infringement. Enfuego will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Enfuego may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Enfuego will terminate access for Users who are repeat infringers.

18.2 Notifying Enfuego of Copyright Infringement: To provide Enfuego notice of an infringement, you must provide a written communication to the attention of [legal@enfiego.tech] that sets forth the information specified by the DMCA ( http://www.copyright.gov/title17/92chap5.html#512). Please also note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.

18.3 Providing Enfuego with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Enfuego with a counter notification by written communication to the attention of legal@enfuego.tech that sets forth all of the necessary information required by the DMCA ( http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

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