Welcome to Ensquared.com (hereon referred to as Ensquared). This Site Ensquared is owned and operated by ENSQUARED HOLDINGS LLC (also referred to throughout this Site as "Ensquared") is part of our customer service to provide clarity and sensible dealing practices. Please review the following that govern your use of the Ensquared site. (the "Agreement"). Please note that your use of the Ensquared site (collectively, the "Site") is effectively your unconditional agreement to follow and be bound by these Terms of Use. Notwithstanding that you may "bookmark" specific portions of this Site and by so doing bypass this Agreement, your use of this Site still binds you to these Terms of Use. Ensquared reserves the right to update or adjust these Terms of Use at any time without prior notice to you. It is therefore important to review these Terms of Use whenever you use this Site.

Use of Ensquared Site

By acceptance of these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. Any person under the age of 18 but at least 13 requires adult supervision to use this Site - being a parent or legal guardian - who themselves agree to be bound by these Terms of Use. It is not an Ensquared function or intention to collect personal information about children under the age of 13. If these stated conditions are not those that you can comply with or agree to, do not use this Site.

Billing and registration information: All such information needs to be both truthful and accurate and if not may constitute a breach of these Terms of Use. NOTE: By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

You can download materials and software from this Site for personal use (non-commercial use) only:  Materials and software covers all aspects such as images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents"). By accepting this aspect of the Terms and Conditions you agree that no right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. The underlined "non-commercial" use defines that at no time can you reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. U.S. and international copyright laws protect all software used on this Site underlining that it is the property of Ensquared or its suppliers.  In essence, the Contents and software on this Site may be used only as a shopping resource, which means that other uses including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.

Third Party Sites: Ensquared makes references on this Site to names, marks, products and services of third parties, as well as hypertexts links to third party sites. In cases Ensquared endorses, sponsors or recommends the third party, its information, products or services. In so doing Ensquared has exercised reasonable due diligence to the best of its abilities but underlines emphatically that Ensquared carries no responsibility for the practices or policies of such third parties, nor the content of any third party sites; nor can Ensquared vouch for changes that may occur and inaccuracies relating to third party products or services that differs from its observations in reality. The Ensquared recommendations should be viewed as a guideline to these other Sites at which point extra care should be taken to verify key components influencing any decision to buy. Linking to third party web sites based on Ensquared recommendations carries no guarantees, and while there is substantial research backing this direction, is entirely at your own risk.

Ensquared Security Policy

Violation of the Site: Attempt to breach Ensquared's security is strictly prohibited. This includes without limitation:

(a) Data accessing not intended for such user:

(b) Logging onto a server or an account which the user is not authorized to access;

(c) Probing, scanning or testing the vulnerability of a system or network;

(d) Breaching security or authentication measures without proper authorization;

(e) Interference (attempted or actual) with service to any user, host or network. Interference covers aspects including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;"

(f) The sending out of unsolicited email, including promotional materials and/or advertising of products or services;

(g) The forging of any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

The Ensquared policy toward violations as stated above: Ensquared will investigate occurrences and will pursue actions that may result in civil or criminal liability. In so doing Ensquared will cooperate with law enforcement authorities in prosecuting users who are involved in such violations. By using this site you agree:

(a) Not to use any device, software or routine that interferes with or attempts to interfere with the proper working of this Site;
 
(b) Not to navigate the site for content scanning purposes other than for typical consumer web browsing/shopping . You agree not to use any other means other than search engines and search agents available from Ensquared on this Site and generally available third party web browsers (e.g., Firefox, Microsoft Explorer).

Acceptance of Orders

Ensquared deals with customers directly through their Site and affiliates with their own sites and stores. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. This covers circumstances such as information errors, pricing errors and inaccuracies, and issues arising from credit and fraud due diligence, but not limited to these items only. Aside from these General Terms and Conditions (GTC) there is also a separate set of Buyer Terms and Conditions (BTC) specific to buying insurance products for wireless devices on Ensquared – the two sets being complementary to one another but BTC being more specific in certain areas. In the buying process you will be required to acknowledge that you agree to BTC before the order will be finalized. BTC covers, amongst other things, when you will be charged in relation to your payment method being authorized, the order information being verified for accuracy and your policy being approved.  Please note that BTC may require additional verifications or information before accepting any order. BTC will also deal with an order not being accepted in part or whole and contacting you if indeed additional information is required to accept your order.

Refund/ Cancellation Policy

BTC in particular will deal with refunds and cancellations of all Phone and Cell Phone Insurance products sold to you by Ensquared. You agree that you are authorized to make use of the financial instruments and information provided for payment during the sign up process to Ensquared. You agree that you are over 18 years of old and understand that Ensquared will require you to adhere to the conditions as outlined in BTC. Outside of latitude allowed by BTC Ensquared considers all sales final.

Ensquared Pricing and Content Information
Accuracy of pricing: Pricing or typographical errors may or could happen and in this regard Ensquared cannot confirm the price of an item until after you order. While it is our policy to maintain accuracy, in the event that an item is listed at an incorrect price due to an error in pricing, Ensquared shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. Mispricing will result in two possible events occurring: Ensquared may, at our discretion, contact you for instructions; or cancel your order and notify you of such cancellation.

It is the Ensquared policy to maintain competitive prices with regular reviews to serve you with great values.

Product Content: Ensquared is unable to warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is to cancel the order in accordance with BTC.

Objectionable Content: In using this Site or any services provided on the Site, it is possible that you may encounter Content deemed by some to be offensive, indecent, or objectionable. Notwithstanding you agree to use the Site and any service at your sole risk and that Ensquared and its affiliates shall have no liability to you for Content that may be deemed to be as described under this category of content..

Ensquared's Quantity Limits & Affiliate Sales

Ensquared in its role as wholesaler of wireless insurance products promoted through affiliates and retail products sold directly to consumers reserves the right, at our sole discretion, to limit the quantity of items purchased per person/ household/ entity/ order/ affiliate. To be expansive, the restrictions may also apply to account/credit card/billing and/address. Should such limits be applied it is our policy to notify the customer at the time. Ensquared also reserves the right, at our sole discretion, to not sell through affiliates or directly to customers. Definition of affiliate reselling has different interpretations but under this category it means promoting through affiliates for the purpose of engaging in a commercial sale of those same product(s) with a third party.

Regulations

Users of this Site understand and accept that the insurance products licensed or sold on the Site, which may include technology and software, are subject to pertinent regulations in every State of the United States of America and every Province in Canada. Moreover, that the underwriters of the Ensquared products are licensed accordingly and that Ensquared is approved to sell these products through affiliates and on their Site in terms of these regulations. You therefore agree that by purchasing, downloading or using technology or software from the Site, to abide by the applicable laws, rules and regulations and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law or breach any of the regulations attached to insurance products.

Copyrights and Trademarks

This covers all copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Ensquared., its affiliates or by third parties who have licensed their materials to Ensquared and are protected by U.S. and international copyright laws. If this is not the case the exceptions will be noted. Ensquared has exclusively compiled all contents on this Site (meaning their collection, arrangement, and assembly) and is therefore the exclusive property of Ensquared and is also protected by U.S. and international copyright laws. This means that Ensquared and its suppliers and licensors expressly reserve all intellectual property rights - covering all text, programs, products, processes, technology, content and other materials which appear on this Site.

Accessing the Ensquared site: Accessing this Site it does not confer and shall not be considered as conferring upon anyone any license under any of Ensquared's or any third party's intellectual property rights. Moreover, the Ensquared names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Ensquared. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. By accessing to this Site does not authorize anyone to use any name, logo or mark in any manner.

User Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Ensquared on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Ensquared's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Ensquared of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.

Thus, Ensquared will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Ensquared will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Ensquared is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

Ensquared has a policy of reviewing posted Comments, but is not obliged to do so. If it does, Ensquared reserves the right (but again not the obligation) to monitor and edit or remove any Comments submitted to the Site at its discretion. By accessing the Site and submitting comments you grant Ensquared the right to use the name that you submit in connection with any Comments. In making any submission it is explicit that you agree not to use a false email address, impersonate any person or entity, or mislead in any way as to the origin of any Comments you submit. As far as Content is concerned, you are and shall remain solely responsible for the content of any Comments you make. Moreover you agree to indemnify Ensquared and its affiliates for all claims resulting from any Comments you submit. Ensquared and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Termination

Termination of this agreement is effective when you discontinue use of this Site. However, these Terms of Use are effective unless terminated in this way by you - or alternatively expressly by Ensquared.  Ensquared option to terminate this Agreement may be implemented at any time and may do so immediately without notice; Accordingly Ensquared has the right to deny you access to the Site, if in Ensquared's sole discretion you fail to comply with any term or provision of this Agreement. Termination of the Agreement by either you or Ensquared as described above imposes an obligation on you to promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Ensquared's right to any Comments shall survive any termination of this Agreement.

Disclaimer

YOU AGREE, BY YOUR USE OF THE ENSQUARED WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR RISK. ENSQUARED PROVIDES THIS SITE ON AN "BEST EFFORT AVAILABLITY" BASIS MAKING NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ENSQUARED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. THIS IS INCLUSIVE OF BUT NOT LIMITED TO IMPLIED WARRANTIES OF MARKETABILITY AND FITNESS FOR A PARTICULAR USE. WITHOUT LIMITING THE FOREGOING, ENSQUARED DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCTS OFFERED ON THIS SITE.  THIS DISCLAIMER WARNING DOES NOT INCLUDE OR APPLY TO ANY PRODUCT MANUFACTURER WARRANTY OFFERED. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. CERTAIN STATES WITHIN THE USA DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

PRODUCT CONTENT DISCLAIMER: CLAIMS MADE BY THE PRODUCT'S IS THE SOURCE OF MUCH OF THE INFORMATION OBTAINABLE ON THIS SITE. OUR PRINCIPALS OR THE UNDERWRITERS MAY ALTER THEIR POLICY STATEMENTS SO OCCASIONALLY ACTUAL POLICIES AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEB SITE. THIS IS IMPOSSIBLE FOR US TO MONITOR AND THEREFORE WE CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. ACCORDINGLY, YOU SHOULD NOT SOLELY RELY ON THE INFORMATION PRESENTED; YOU SHOULD ALWAYS READ POLICIES, BTC, WARNINGS, AND DIRECTIONS BEFORE BUYING A PRODUCT IN ALL CASES.  ADDITIONAL INFORMATION ABOUT A PRODUCT CAN BE OBTAINED BY CONTACTING OUR PRINCIPALS, CLAIM CENTERS AND UNDERWRITERS. ENSQUARED BASED ON THIS CANNOT ASSUME LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED IN ANY OTHER WAY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER'S OPINIONS ONLY AND ARE NOT VERIFIED OR ENDORSED BY ENSQUARED.

Limitation of Liability

ENSQUARED,  ENSQUARED HOLDINGS LLC OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE ENSQUARED WEB SITE.  THIS EXTENDS TO INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF INFORMATION, WORK STOPPAGE, ACCURACY OF RESULTS, OR HOST FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ENSQUARED HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL ENSQUARED BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. THERE IS NO SITUATION THAT THIS WILL NOT APPLY TO AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE.

General

This Agreement is the complete agreement between the parties. It supersedes all prior agreements and representations between the parties. Bolded headings used above each paragraph in these Terms of Use are for reference purposes only. They do not define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason whatsoever, then that provision shall be altered only as far as is absolutely essential to make it enforceable. It is explicit that in such a case the other terms of this Agreement shall remain in full force and effect. Ensquared. com's non-action with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Ensquared's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Florida law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of Florida and you consent to the exclusive personal jurisdiction of such courts.

DMCA Notice

Procedure for Making and Responding to Claims of Copyright Infringement
It is the policy of Ensquared to respond to claims of copyright infringement. We will process and investigate notices of alleged infringement by third parties and will take necessary actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), where applicable.

Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to Ensquared's Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Site, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to Ensquared's Designated Agent listed below.

We will not review this unless and as determined under the DMCA, notification of claims of copyright infringement by third parties it is a written communication to Ensquared's Designated Agent that includes the following:

•    (i) A physical/ electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
•    (ii) Identification of the copyrighted work alledgedly infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a comprehensive litemization of such works at that site;
•    (iii). Identification of the infringing material (or the subject thereof) that is to be removed or access to which is to be disabled, and provision of information reasonably sufficient to permit Ensquared to locate the material;
•    (iv) Ensquared must be provided with sufficient information to contact the complaining party (address, telephone number, and, if available, an electronic mail address);
•    (v) Clear statements that: The complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
 

Ensquared's Designated Agent for notice of claims of copyright infringement can be reached as follows:
By mail:

Legal Counsel
ENSQUARED HOLDINGS LLC
7622 Playa Rienta Way,Delray Beach Florida 33446,USA
By e-mail:
legal @ Ensquared

This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on this Site.

Ensquared shall remove or disable access to the material identified in the notice upon receipt of a valid notification of alleged copyright infringement by a third party; forward the written notification to the alleged infringer; take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material.

It is very important to be aware that, under the DMCA, claimants making misrepresentations concerning copyright infringement may be held liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer or by Ensquared, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

If a notice of copyright infringement has been filed against you, you may file a counter notification with the Designated Agent at the address listed above.

To be effective, a counter notification must be a written communication provided to the Ensquared's Designated Agent that includes the following:

•    (i) Signature (physical or electronic);
•    (ii) Identification of the material that has been revoked/ to which access has been disabled; and the location at which the material appeared before it was removed/ access to it was disabled;
•    (iii) A statement of good faith belief that the material was revoked/ disabled as a result of error/ misidentification of the material to be revoked/ disabled; and
•    (iv) Your name and contact co-ordinates, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located and that you will accept the complainant notice from the original party.

If Ensquared receives a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 8 to 12 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 8 to 12 business days, provided that Ensquared has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Ensquared's system.
 

You should also be aware that the DMCA penalizes a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their the counter statement of notice may be liable for any damages, including direct costs and attorneys' fees, incurred by any copyright owner or copyright owner's authorized licensee, or by Ensquared, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.