Terms of Use

Last Updated: March 15, 2022

1.        ACCEPTANCE OF TERMS:

These Terms of Use cover Enlyte owned and operated websites (“ Site” or “Sites”), including enlyte.com, mitchell.com, genexservices.com, coventrywcs.com and apricusinc.com. By accessing, browsing and/or using the Site, you acknowledge that you have read, understand, and agree to be bound by the following Terms of Use. If you do not agree to these Terms of Use, do not use the Site. If you have entered into a separate written agreement with any of the Enlyte family of businesses, that separate written agreement controls, and only the specific terms within these Terms of Use that do not conflict with the separate written agreement apply.

We reserve the right to modify the Terms of Use from time to time with or without prior notice. Your use of the Site after the posting of modifications to these Terms of Use will constitute your acceptance of the Terms of Use.

2.       RESTRICTIONS ON USE:

You may not use the Site, or the information contained therein, for any illegal purposes or in any manner inconsistent with these Terms of Use.

You may not use the Site for your own commercial use and benefit.

You may not use the Site to improve the quality of any data, product or service sold or contributed by you to any third party.

You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the content without Enlyte’s prior written permission.

You may not use any of our trademarks, trade names or service marks in any manner that creates the impression that such names and marks belong to or are associated with you or are used with our consent.

You may not use the Site, or the information contained therein, in unsolicited mailings or spam material.

You may not spam or send unsolicited mailings to any person or entity using the Site.

You may not use any of our trademarks, trade names or service marks in unsolicited mailings or spam material.

You may not restrict or inhibit any other user from using or enjoying the Site.

You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any way exploit any part of the Site, except that you may download material from the Site and/or make one print copy for your own personal, noncommercial use, provided that you retain all copyright and other proprietary notices.

You agree to promptly notify us upon becoming aware of any unauthorized access or use of the Site by any party or any claim that the Site infringes upon any copyright, trademark or other contractual, statutory, or common law rights.

3.        YOUR POSTINGS AND SUBMISSIONS:

You acknowledge that you are solely responsible for the material and information you submit to us including its legality, reliability, appropriateness, originality, and copyright.

You may not post or submit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent, or racially, ethnically or otherwise objectionable material of any kind including material constituting or encouraging conduct that would be a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

You may not post or submit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or protected by intellectual property rights.

You may not post or submit any information, software or other material that contains a virus or other harmful component.

You may not post or submit any information, software or other material that contains commercial advertising.

Subject to our privacy policy, we will not treat any submission to us as confidential. We reserve the right to disclose any information submitted to us as necessary to comply with any law, regulation, or governmental request.

We may edit, refuse to post, or remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use.

Please do not send your unsolicited ideas (including but not limited to ideas for advertising campaigns, promotions, products, services or technologies, marketing plans, or product names), creative works, samples, demos, or other works (collectively “Ideas/Works”) to us. We do not accept or consider unsolicited Ideas/Works. The purpose of this restriction is to avoid potential misunderstandings or disputes when our products or marketing strategies may appear similar to Ideas/Works submitted to us. If, despite our request to not send us your Ideas/Works, you still send them, we make no assurances that your Ideas/Works will be treated as confidential or proprietary, and you agree that: (a) your Ideas/Works will automatically become our property and you do and will assign all rights in and to your Ideas/Works to us without any expectation of compensation, and (b) we can use, copy, and distribute the Ideas/Works for any purpose and in any way without any payment to you.

4.        INTELLECTUAL PROPERTY:

The Site contains material that is derived in whole or in part from materials supplied by us and various other sources. The Site, including but not limited to its text, logos, content, photographs, database software programming, flash animations and programming, video, audio, and graphics (the "Intellectual Property"), is protected by copyrights, trademarks, service marks and/or other proprietary rights and the laws of the U.S. and other countries. The Intellectual Property is also protected as a collective work or compilation under copyright laws. All individual articles, columns and other elements making up the Site are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Site.

All present and future rights in and to the Intellectual Property and other proprietary rights relating to the Site (the " Intellectual Property Rights") as between you and us are, and will be, our sole and exclusive property. Except as specifically permitted by these Terms of Use, you may not copy or make any use of the Site or any portion thereof.

If you would like to make copies and/or distribute certain information from the Site, please contact us at legal@mitchell.com.

5.        NO LICENSE GRANTED:

You acquire no rights or licenses in or to the Site or any information contained therein other than the limited right to use the Site in accordance with these Terms of Use. Should you choose to download content from the Site, you must do so in accordance with these Terms of Use.

6.        REGISTRATION:

Certain sections of the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. It is your responsibility to inform us of any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify us immediately by emailing legal@mitchell.com.

7.        LINKS TO OTHER WEBSITES:

The Site contains links to and from third party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party websites. We are not responsible for the content of linked third party websites and do not make any representations regarding the content or accuracy of materials on such third-party websites.

8.        DISCLAIMER OF WARRANTY:

THE INFORMATION ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR CONTENT PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, QUALITY, VALIDITY, ACCURACY, RELIABILITY, OR OTHERWISE RELATING TO THE INFORMATION ON THE SITE OR ANY WEBSITES LINKED TO THE SITE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE FUNCTIONALITY OF THE SITE AND THE SITE MAY BE SUBJECT TO PERIODS OF INTERRUPTION.

9.        LIMITATION OF LIABILITY:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE WILL WE OR OUR CONTENT PROVIDERS BE LIABLE FOR ANY DAMAGES INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE SITE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA YOU ASSUME ALL SUCH COSTS.

10.        REMEDIES FOR VIOLATIONS:

We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use including, but not limited to, the right to block access from a particular Internet address to the Site.

11.        GOVERNING LAW AND JURISDICTION:

These Terms of Use are governed by and construed in accordance with the laws of the State of California, notwithstanding any principles of conflicts of law and you hereby consent to the jurisdiction of such courts.

12.        SEVERABILITY OF PROVISIONS:

These Terms of Use incorporate by reference any notices contained on the Site, including the privacy policy available at privacy policy, and constitute the entire agreement with respect to access to and use of the Site. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.