Terms of Service

Website Terms of Use

Introduction

This website is owned and controlled by Engage Chat, LLC and all our current and future affiliates, successors and assigns (collectively referred to as ”Engage,” "we," "us," or similar terms). Your use of this website constitutes your agreement to these Website Terms of Use.  The effective date of these Website Terms of Use is May 1st, 2015. “You,” “your,” visitor,” or “user” means the individual accessing this site.  We may change these Website Terms of Use at any time, and by using this website you agree to the most current version of the Website Terms of Use and any and all future changes. We encourage you to visit this page periodically to review the Website Terms of Use.

Website Content and Limits on Use

We provide this website as a service to our visitors. All website content and functionality, such as images, illustrations, designs, icons, photographs, video clips, software, and written and other content that are part of this website, including all copyright, trademark, patent, and any other intellectual property rights therein (collectively, the "content") is owned or licensed by us. When you download or print a copy of the content you must include all copyright, trademark, and other notices that appear within the website. You do not acquire any right, title or interest in any downloaded or copied content. If you believe any content appearing on the website violates the copyright or other proprietary rights of a third party please notify us immediately, specifically identifying the content in question and the web page on which it appears, as well as the true copyright owner and any supporting information, and we will take appropriate action.

Additional Terms of Service

Your use of some of the products or services described on this website may require you to accept additional terms of service. To the extent that those terms are inconsistent with the terms set forth in these Website Terms of Use, the more specific terms of service will apply.

User Comments, Feedback And Other Submissions

All comments, feedback, ideas, and other submissions provided to us or on through the website or through any other method submitted or offered in connection with the website, such as by email, telephone, or mail (collectively, the "comments") are and will be the sole and exclusive property of Engage. Providing your comments to us constitutes an assignment to Engage of all worldwide right, title and interest in and to all intellectual property rights in the comments. In the event applicable law prohibits such assignment, you hereby grant us an exclusive, perpetual, royalty-free, worldwide, license to use, copy, distribute, modify, sub-license, assign, and create derivative works involving the comments. All comments are deemed non-confidential, and we are not under any obligation to reply to any comments. You grant us the right to use your name in connection with the submitted comments and in connection with all advertising, marketing and promotional activity.

Website Access

We may discontinue all or part of this website at any time. We may block or limit your access to this website if: (a) you violate these Website Terms of Use; (b) you violate any applicable law or regulation relating to your use of this website; (c) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory, or otherwise harmful to us or others.

Links 

This website may contain links to websites operated by other entities, or display information or content regarding products or services offered by others. These other sites and other entities are not under our control, and we are not responsible for the content available on any other Internet sites linked to this website or any action or inaction of any third party. We do not endorse or warrant the goods or services of any third party. You may visit other linked sites or engage in business with any third party at your own risk.

Privacy 

Please review our Privacy Policy to understand our privacy practices. By using this website, you also agree to the most-recent version of the Privacy Policy. We may change the Privacy Policy at any time, and such changes will be posted on the Privacy Policy page or a similar page of the website.

Website Warranty Disclaimer ALL CONTENT ON THIS WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. USE OF THE WEBSITE IS AT YOUR SOLE RISK. Engage MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES. YOU FURTHER ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OR ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.

Limit of Liability

Engage IS NOT AND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, SERVICES, AND ALL CONTENT IS TO STOP USING THE WEBSITE AND CONTENT. IN ADDITION, IF FOR ANY REASON ALL OR PART OF THE FOREGOING LIMITATIONS ARE DEEMED INVALID, OUR MAXIMUM AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE WILL BE ONE HUNDRED DOLLARS ($100.00).  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Miscellaneous 

Unless otherwise specified, this website and the content thereof are displayed solely for the purpose of promoting our products and services.  This Agreement will be construed in accordance with the laws of the State of Minnesota, without regard to any conflict of law provisions. Any dispute arising under this Agreement may be resolved exclusively by the state and/or federal courts of the State of Minnesota. You agree and submit to the jurisdiction and venue of such courts.  You agree that in the event you have or may have any alleged claim against Engage or any of our vendors or licensors, you will pursue such claim only in your individual capacity, and you will not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Website Terms of Use and that you are not eligible to receive, and may not seek, and you agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the website and/or your breach of these Website Terms of Use, including attorneys’ fees. If any provision of these Website Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. Our failure to act with respect to any failure by you or to others to comply with these Website Terms of Use does not waive our right to act with respect to subsequent or similar failures.

LAST UPDATE 

These Website Terms of Use were last updated on 2/25/22.