Privacy Policy and Terms of Use
Privacy Policy
Thank you for visiting V & H Holdings, LLC, an Arizona Limited Liability Company, d/b/a Enamor ("Enamor") Internet web site located at the URL www.enamor.com ("Site"). This Privacy Policy details certain policies implemented throughout Enamor governing Enamor's use of personally identifiable information about users of this Site and the services available through this Site (the “Services”).
PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND TO ALL THE TERMS OF THIS PRIVACY POLICY AND OUR WEBSITE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE WEBSITE.
Privacy Policy Updates
Due to the Internet's rapidly evolving nature, Enamor may need to update this Privacy Policy from time to time. If so, Enamor will post its updated Privacy Policy on our Site located at www.enamor.com and we may send registered users an email, so you are always aware of what personally identifiable information we may collect and how we may use this information. If any modification is unacceptable to you, you shall cease using this Site and the Services. If you do not cease using this Site and the Services, you will be deemed to have accepted the change.
Information Collection
You can generally visit our Site without revealing any personally identifiable information about yourself. However, in certain sections of this Site and when you use our Services, we may invite you to contact us with questions or comments or request information, provide or upload content (for example, testimonials about a deal), contact us with feedback or to request support, subscribe to newsletters, or complete a registration form. Due to the nature of some of these activities, we may collect personally identifiable information that you submit in your profile, such as your first and last name, mobile phone number, city, state, zip code, user ID and password. We may also collect additional personally identifiable information that you voluntarily include in communications to us. If you are a registered user, (i) you may be able to send Deals to friends and we will collect their personally identifiable information to process your request to contact them.
Information Use
We may use your personally identifiable information to register you to use our Site and Services, deliver certain information about your account and the services, verify your authority to enter our Site, improve the content and general administration of the Site and our Services and display targeted advertising on web pages served by the Site. Additionally, if you have elected to receive messages on your mobile phone, such as when Deals are available in your area, we will use your personally identifiable information to send you an SMS message notifying you of such update.
Enamor Merchant Disclosure
As part of the Enamor Site, we provide your information to retailers, website owners and others (collectively referred to as “Enamor Merchants”) as part of our core service of offering collective buying discounts at Enamor Merchant locations or websites (collective referred to as a “Deal”). From time to time, depending upon the nature of the Deal, we may provide those Enamor Merchants with some of your personally identifiable information in order to aid redemption of the Deal. Sharing this information (eg, your email address or phone number) may allow an Enamor Merchant to market directly to you. However, we will only provide such information to those Enamor Merchants with whom you engage via the Deal purchase functionality on the Enamor Site and never to an Enamor Merchant of whom you have not expressed an interest via the Deal purchase functionality. As such, we disclaim any and all responsibility or liability for the actions of Enamor Merchants that have received your personally identifiable information as part of the disclosure defined above. While we communicate to them that they are only to use such information for the purposes of the specific Deal for which information was disclosed, we do not have any responsibility for the actions of the Enamor Merchant and the actions of the Enamor Merchant are not under our control. You agree to indemnify V & H Holdings, LLC and any and all of its subsidiaries against any such claims arising from the activities of any Enamor Merchants.
Children's Privacy
Enamor recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their children's online activities and interests. This Site is not intended for children under the age of 13. Enamor does not target its Services or this Site to children under 13. Enamor does not knowingly collect personally identifiable information from children under the age of 13.
Credit Card Information
In order to purchase Deals through the Site, you will be required to provide credit card and billing information. None of this sensitive financial or personal information is stored by the Site. We utilize a third-party billing and processing service to carry our credit card authorization and transaction processing. We have carefully analyzed their security procedures and compliance with all industry and federal regulations, including PCI. In the event that a Deal does not meet the requirement of the aggregate number of users as set forth by the merchant, your credit card number will not be charged and all such information will be removed from any providers system.
Cookies
We may use small text files called cookies to improve overall Site experience. A cookie is a piece of data stored on the user's hard drive containing information about the user. Cookies generally do not permit us to personally identify you. Cookies can help customize the Site for visitors.
Aggregate Information
The Site may track the total number of visitors to our Site, the number of visitors to each page of our Site, browser type, IP addresses and we may analyze this data for trends and statistics in the aggregate, but such information will be maintained, used and disclosed in aggregate form only and it will not contain personally identifiable information. We may use such aggregate information to analyze trends, administer the Site, track users' movement and gather broad demographic information for aggregate use.
Disclosure
We may provide your personally identifiable information and the data generated by cookies and the aggregate information to the vendors and service agencies that we may engage to assist us in providing our Services to you. Such third party entities may be obligated to use your personally identifiable information solely to provide the services to us. We will disclose your personally identifiable information if we reasonably believe we are required to do so by law, regulation or in cooperation with any governmental investigation. We will not sell your personally identifiable information to any company or organization except we may transfer your personally identifiable information to a successor entity upon a merger, consolidation or other corporate reorganization in which Enamor participates or to a purchaser of all or substantially all of Enamor's assets to which this Site relates. We vigorously protect the privacy of your data and have enacted multiple security mechanisms and procedures to prevent unauthorized access to our users personal information.
Distribution of Information
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
Links to Third Party Sites
The Site may provide links to other Web sites or resources over which Enamor does not have control ("External Web Sites"). Such links do not constitute an endorsement by Enamor of those External Web Sites. You acknowledge that Enamor is providing these links to you only as a convenience and further agree that Enamor is not responsible for the content of such External Web Sites.
Security
We may employ procedural and technological security measures (such as SSL and encryption) that are reasonably designed to help protect your personally identifiable information from loss, unauthorized access, disclosure, alteration or destruction. Enamor may use encryption, password protection and other security measures to help prevent unauthorized access to your personally identifiable information. We also recommend that you take steps and care to protect your password, especially when using such from a public facility (eg, a library, computer, a coffee shop computer, etc.).
Public Areas
At times as part of your interaction with the Enamor Site, you may interact with areas where you can publicly post information about yourself, communication with others (eg, on a discussion forum), review products or provide feedback on a Deal. Because of the public nature of these areas, this information can be accessed by other consumers and companies and may appear on other websites or web searches meaning that this information could be read, collected, and used by others. For example, if you post your name, your email address or other personally identifiable information in these public areas, you may receive unsolicited communications. We have no control over who reads the material in these public areas or what others may do with such information that you have voluntarily posted. We recommend that you use caution when posting information in these areas and take care to protect your personally identifiable information.
Social Media Integration
The Enamor Site may allow users to access Facebook Connect, or other social media tools like Twitter, Digg or Stumble Upon to interact with friends and to share their Enamor Site experiences on such social media sites (eg, the Facebook Wall and friends' News Feeds). In the event that you want to utilize such integrated tools, you may be required to log into them using such mechanisms as provided by the Enamor Site and the social media site to facilitate such interaction between the two. For example, if you click on "Facebook Connect", your profiles will merge if the email address of your Enamor Site login and your Facebook login match. If the email addresses don't match, you may be prompted if you want to authorize such a connection and sharing of data. By proceeding you are allowing the Enamor Site to access your information and you are agreeing to the specific Terms and Conditions of Use of both the social media site and the Enamor Sites.
Correction/Updating Personally Identifiable Information
Enamor provides you with the ability to review, correct and delete any of your user profile. If you wish to review or correct any profile information you have provided to us, you may submit a request to us at the contact email below or access your account online.
Corporate Address
V & H Holdings, LLC. (d/b/a Enamor)
3345 S. Val Vista Dr. #109 Gilbert, AZ 85297
If you have any questions regarding this Privacy Policy please contact us via email at info@enamor.com.
This Privacy Policy was last updated: July 26, 2010
This Privacy Policy is effective as of: July 26, 2010
V & H Holdings, LLC, an Arizona Limited Liability Company, d/b/a Enamor ("Enamor") TERMS OF USE
THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE LOCATED AT WWW.ENAMOR.COM ON THE WORLD WIDE WEB TOGETHER WITH THE SERVICES AVAILABLE THROUGH THIS SITE (COLLECTIVELY, THE “SITE”) OF ENAMOR, INC. (“ENAMOR”) AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. ENAMOR MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. ENAMOR WILL NOTIFY YOU OF SUCH CHANGE BY POSTING A CHANGE NOTICE WITH A LINK TO THE UPDATED TERMS OF USE ON THIS SITE AND/OR MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.
General Use Restrictions
All information, documents, products, software, games and services provided on this Site, including trademarks, logos, graphics and images that are not Vouchers (as defined below) (the “Materials”) are provided to you by ENAMOR or ENAMOR’s licensors or partner entities, as applicable.
ENAMOR grants you the limited right to display the Materials only on your personal computer, and to forward the Materials displayed on this Site, provided that: (1) both the ENAMOR copyright notice (set forth below) and this permission notice appear in the Materials so displayed, forwarded or downloaded, (2) such display, copy or download is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media). You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner.
Except as stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis. Although there is no charge for use of the Site or the Software at this time, ENAMOR reserves the right to charge you a fee for such use in the future.
Third Party Content
Third parties may provide certain information and content to ENAMOR (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to additional or separate terms of use and/or privacy policies of such third parties as so designated. ENAMOR DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Deal Purchases
As part of your use of the Site, you may, from time to time, purchase a Deal (“Deal”). By purchasing a Deal, you agree to respect and abide by the terms and conditions of that Deal as set forth by the Third-Party who is providing the services set forth under the Deal. ENAMOR DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO DEALS PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. If you are at any time unhappy with the particulars of a Deal, or feel that the Deal you purchased is not the same as it was represented on the Site, you may notify ENAMOR of such and we will address it with the Third-Party. At no time does ENAMOR claim responsibility for any such misrepresentations. All Deal purchases on the Site are governed by the Indemnification terms outlined in this document.
No Framing
You agree not to reproduce, transmit, display, distribute, “frame” or “mirror” any Materials on this Site on any other server or Internet-based device without the advance written authorization of ENAMOR or its licensors, respectively.
Links to Third Party Sites
This Site may provide links to other Web sites or resources over which ENAMOR does not have control ("External Web sites"). Such links do not constitute an endorsement by ENAMOR of those External Web sites. You acknowledge that ENAMOR is providing these links to you only as a convenience, and further agree that ENAMOR is not responsible for the content of such External Web sites. Your use of External Web sites is subject to the terms of use and privacy policies located on the linked to External Web sites.
Privacy Policy
Your use of the Site is governed by the ENAMOR Privacy Policy above.
Password Restricted Areas of this Site
You will need to register for a password to login to this Site or to use the Software and other functions and areas within this Site. You are responsible for maintaining the confidentiality of your password and account, and agree to notify ENAMOR if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify ENAMOR of any unauthorized use of your account or any other breach of security in relation to this Site known to you.
Submissions
Part of the features offered through the Site may include posting testimonials and or other information that is shared with other users. You acknowledge that you are responsible for the information and material that you upload, post or submit to the Site, and that you, and not ENAMOR, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You agree that ENAMOR shall be free to use or disseminate a Submission on an unrestricted basis for any purpose and if you submit Submissions to the Site, you grant ENAMOR a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit and prepare derivative works of the Submission, provided, that ENAMOR agrees to use any personally identifiable information included in your Submissions in accordance with ENAMOR’s Privacy Policy.
You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the licenses to ENAMOR set forth in this section, and (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
Posting Etiquette
ENAMOR asks that you respect our on-line community and other individuals. When submitting Submissions to or otherwise using the Site and/or the services, you agree not to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Impersonate or represent ENAMOR, our staff or other industry professionals.
- Solicit a member’s password or other account information.
- Harvest user names, addresses or email addresses for any purpose.
- Use racially, ethnically or otherwise offensive language.
- Incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
This list of prohibitions is an example and is not complete or exclusive. These prohibitions do not require ENAMOR to monitor or remove any Submissions or other information submitted by you or any other user. ENAMOR reserves the right to disable and/or remove any specific content, and/or to terminate your access to your account, your ability to access and post to the Site or to receive the services with or without cause and with or without notice, or for any action that ENAMOR determines is inappropriate or disruptive to the Site, services or to any other user of the Site and/or services. You hereby agree to waive any claims against ENAMOR and its affiliates, contractors, agents and employees for losses, damages and injuries for which are based on or relate to communications or materials made available to the Site or posted on the Site by persons other than ENAMOR. ENAMOR may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at ENAMOR’s discretion, ENAMOR will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site.
Unauthorized Activities
Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold ENAMOR and its officers, directors, employees, affiliates, agents, licensors and business partners harmless from and against any and all costs, damages, liabilities and expenses (including attorneys’ fees and costs of defense) ENAMOR or any other indemnified party suffers in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party. You acknowledge that ENAMOR may terminate your account and access to the Site or terminate certain features of the Site or of your mobile portals at any time, in its sole discretion.
Trademarks and Copyrights
The trademarks, service marks, brands, names, logos and designs ("Trademarks") of ENAMOR or others used on this Site are the property of ENAMOR or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site without the express prior written permission of ENAMOR or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Materials appearing on this Site, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of ENAMOR, Copyright © 2009 unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Copyright Agents
ENAMOR respects the intellectual property of others, and we ask you to do the same. ENAMOR may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site or Restricted Areas of the Site to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and appears on our Site, please provide ENAMOR’s copyright agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
- your address, telephone number and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Indemnification
You agree to defend, indemnify and hold harmless ENAMOR and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys' fees, that arise out of or in connection with your use of the Site or breach of these Terms.
Disclaimer of Warranty
You acknowledge and agree that this Site may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by ENAMOR, and agree that ENAMOR does not warrant the accuracy or timeliness of the Materials and further agree that ENAMOR has no liability for any errors or omissions in the Materials, whether provided by ENAMOR or its licensors.
ENAMOR, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE SOFTWARE AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SOFTWARE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND “WHERE-IS” BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
Limitation of Liability
NEITHER ENAMOR NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF ENAMOR WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
General
ENAMOR controls and operates this Site from its headquarters in the United States and makes no representation that the Materials are appropriate or will be available for use in locations other than the United States. If you use this Site from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. These Terms will be governed by Arizona law and United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims or causes of action related to these Terms or in connection with this Site only in the federal and state courts located in Maricopa County, Arizona. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of ENAMOR to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ENAMOR in writing. The Terms comprises the entire agreement between you and ENAMOR and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.