TERMS AND
CONDITIONS OF USE
Envex Developments a
YourSolutions.net, LLC Company ("Envex")
November 19th,
2005
ACCEPTANCE OF TERMS AND CONDITIONS
The
services that Envex provides to you are subject to the terms,
conditions and notices of use as set out below (the "TCN").
Your access and use of the this website will be governed by
the TCN, in respect of which, Envex reserves the right to
update at any time without notice to you. Please periodically
review the TCN posted on this website.
By accessing
and using this website, you are deemed to have agreed to the
TCN. If you do not agree with the following, please exit from
this website immediately.
DESCRIPTION OF SERVICES
Through its web pages, Envex provides you with access
to a variety of resources, including the ordering of software
as well as free downloadable software (collectively
"Services"). The Services, including any updates, enhancements
or new features are subject to the TCN.
NO
SOLICITATION
The contents of this website, such as
text, graphics, images, and other material contained on this
website (the "Content") are provided for general informational
purposes only. This website and the Content do not constitute
an offer for the purchase or sale of any shares or other
securities of Envex or its subsidiaries or any other related
companies.
INTELLECTUAL PROPERTY
Any use of
the content of this website that is not expressly permitted by
the TCN is a breach of the TCN and may violate copyright,
trademark or other laws. All rights not expressly granted
herein are reserved.
COPYRIGHT
You should assume everything you see or read
on this site is copyrighted unless otherwise noted. You are
free to use the content provided you do not modify it and
provided you retain all copyrights and other proprietary
notices contained in the content.
You may in no way
modify, reformulate, adapt, alter, adjust, change,
disassemble, frame or decrypt any of the content of this
website. You are required to obtain Envex's written consent
to copy or display any portion of the content for
redistribution to third parties or for commercial purposes.
TRADEMARKS
Certain names, words, titles, phrases,
logos, icons, graphics or designs appearing on this website
may constitute registered or unregistered trademarks, trade
names or service marks of Envex, or be used under license by
Envex. The appearance of such trademarks, trade names and
service marks in the Content does not convey any rights to
you to use them. Title remains with Envex or its licensors.
VIRUSES AND INTERNET SECURITY
Envex cannot and
does not guarantee nor warrant that files available for
downloading through this website will be free of infection or
viruses, worms, Trojan horses or other codes that manifest
contaminating or destructive properties.
Envex assumes
no responsibility or liability for any damage in connection
with your access to or use of this website or your downloading
of any data, text, images, files, software or other materials
from the site.
You acknowledge that when using this
website, information will be transmitted over a medium that is
beyond the control and jurisdiction of Envex. Accordingly,
Envex assumes no liability for the delay, failure,
interruption or corruption of any data transmitted in
connection with this website.
INDEMNITY
You
agree to defend, indemnify and hold harmless Envex from all
demands, claims, liabilities, costs, expenses and damages,
including, without limitation, solicitor's fees and
disbursements on a solicitor and his own client basis levied
or charged by any solicitors or inspectors retained by or on
behalf of Envex, related to any violation of the TCN by you,
or in connection with your use of this website, without
limitation.
CURRENCY AND ACCURACY OF INFORMATION
The Content is provided "as is" and "as available" and
Envex does not warrant the completeness, timeliness or
accuracy of any of the Content. Envex may make changes to the
Content at any time in its sole discretion without notice.
ENVEX, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE.
IN NO EVENT SHALL ENVEX OR ANY
THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY
DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND
CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST
PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) RESULTING FROM THE USE, MISUSE OR INABILITY TO
USE THIS website OR THE CONTENT, WHETHER BASED ON WARRANTY,
CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER OR NOT ENVEX
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTICE SPECIFIC TO SOFTWARE
AVAILABLE ON THIS WEBSITE
Software that
is made available for download for consideration (money) from
the Services ("Pay Software") is the copyrighted work of Envex
and/or its suppliers. Use of the Pay Software is governed by
the terms of the End User Software License Agreement which
accompanies or is included with the Pay Software. An end user
will be unable to install any Pay Software that is accompanied
by or includes a End User Software License Agreement, unless
he or she first agrees to the End User Software License
Agreement terms.
Any software that is made available for
free download from the Services ("Free Software") is the
copyrighted work of Envex and/or its suppliers. Use of any
Free Software is governed by the terms below ("Download
Terms"). All Free Software is made available for download
solely for use by end users according to the Download Terms.
DOWNLOAD TERMS
WITHOUT LIMITING THE
FOREGOING, COPYING OR REPRODUCTION OF THE FREE SOFTWARE TO ANY
OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BELOW.
ALL FREE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE"
AND ENVEX DOES NOT WARRANT ANY FREE SOFTWARE IN ANY WAY. ENVEX
HEREBY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS,
WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
REPRESENTATION, WARRANTY OR CONDITIONS OF MERCHANTABILITY,
MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. ENVEX DOES NOT WARRANT THAT ANY FREE
SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU
ACKNOWLEDGE THAT ENVEX IS NOT LIABLE IF THE FREE SOFTWARE DOES
NOT MEET YOUR REQUIREMENTS OR IF THE FREE SOFTWARE WILL NOT
OPERATE FREE OF ERRORS, UNINTERRUPTED OR IF THE SOFTWARE WILL
NOT FUNCTION IN YOUR HARDWARE ENVIRONMENT AND ACKNOWLEDGE THAT
YOUR DOWNLOAD AND USE OF ANY FREE SOFTWARE IS AT YOUR SOLE
RISK.
IN NO EVENT WILL ENVEX OR ITS RESELLERS BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT
NOT LIMITED TO, DOWNTIME COSTS, LOST PROFITS, BUSINESS
INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION OR ANY
OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE
FREE SOFTWARE, EVEN IF ENVEX HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND WHETHER RESULTING FROM OR AS A
RESULT OF BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER TORT.
FOR YOUR CONVENIENCE, ENVEX MAY MAKE AVAILABLE
AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND
UTILITIES FOR USE AND/OR DOWNLOAD. ENVEX DOES NOT MAKE ANY
ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR
OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND
UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF
OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON
THE SERVICES OR IN SOFTWARE PRODUCTS.
USE OF
CONTENT, COPYRIGHT AND TRADEMARKS
Envex authorizes you
to view or download a single copy of the Content on this
website for viewing or printing, solely for your personal,
non-commercial use if you include the following copyright
notice: "Copyright 2005, Envex Developments. All rights
reserved." and other copyright and proprietary rights notices
which are contained in the Content.
Envex
reserves the right to require you to delete, destroy or
otherwise remove any of the Content that is used in a manner
that in Envex's sole opinion is inappropriate, derogatory or
offensive. You may in no way modify, reformulate, adapt,
alter, adjust, change, disassemble, frame or decrypt any of
the Content.
The Content is protected by copyright
under the laws of Canada, the United States and other
countries. Certain names, words, titles, phrases, logos,
icons, graphics or designs in the Content may constitute
trademarks, trade names or service marks of Envex, or be used
under license by Envex. The appearance of such trademarks,
trade names and service marks in the Content does not convey
any rights to you to use them. Title to the Content remains
with Envex or its licensors. Any use of the Content not
expressly permitted by these Terms and Conditions is a breach
of these Terms and Conditions and may violate copyright,
trademark or other laws. All rights not expressly granted
herein are reserved.
MEMBER ACCOUNT, PASSWORD,
CUSTOMER ID AND SECURITY.
If any of the Services
require you to open an account, you must complete the
registration process by providing us with current, complete
and accurate information as prompted by the applicable
registration form. To utilize the account, you will choose a
password and a user name. Additionally, if you download Pay
Software, you will be assigned a Customer ID.
You are entirely responsible for maintaining the
confidentiality of your account, user name and password,
and/or your Customer ID. Furthermore, you are entirely
responsible for any and all activities that occur under your
account or Customer ID. You agree to notify Envex immediately
of any unauthorized use of your account or Customer ID or any
other breach of security. Envex will not be liable for any
loss that you may incur as a result of someone else using your
password or account or Customer ID, either with or without
your knowledge. However, you could be held liable for losses
incurred by Envex or another party due to someone else using
your account or password or Customer ID. You may not use
anyone else's account or Customer ID at any time, without the
permission of the account holder or customer.
NO
UNLAWFUL OR PROHIBITED USE.
As a condition of your use
of the Services, you will not use the Services for any purpose
that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the Services in any manner that could
damage, disable, overburden, or impair any Envex server, or
the network(s) connected to any Envex server, or interfere
with any other party's use and enjoyment of any Services. You
may not attempt to gain unauthorized access to any Services,
other accounts, computer systems or networks connected to any
Envex's server or to any of the Services, through hacking,
password mining or any other means. You may not obtain or
attempt to obtain any materials or information through any
means not intentionally made available through the Services.
NON-CONFIDENTIALITY
Information provided to
Envex by virtue of this website will be received by Envex on a
non-confidential basis. Envex reserves the right to use such
information in its sole discretion. You acknowledge that when
using this website, information will be transmitted over a
medium which is beyond the control and jurisdiction of Envex.
Accordingly, Envex assumes no liability for the delay,
failure, interruption or corruption of any data transmitted in
connection with this website.
PRIVACY POLICY
This site does not collect any personally identifying
information about you except when specifically and knowingly
provided by you. Such information will not be transferred to
any other parties unless otherwise stated at the time of
collection. While Envex will seek to require third-party
content providers and other parties to adhere to its privacy
policies, Envex bears no responsibility for any actions or
policies of such third parties.
Envex may use IP
addresses to analyze trends, administer the site, track
individual user's movements and gather broad demographic
information for aggregate use. IP addresses are not linked to
personally identifiable information.
COMMENTS,
SUGGESTIONS AND TESTIMONIALS
Envex allows posting
of comments, suggestions and testimonials of third parties on
its website through forums and bulletin boards. Envex will not
be responsible for, nor incur any liability whatsoever, for
any of the information provided by any third parties, nor will
Envex's posting of such be construed as an endorsement of any
of the comments or information on such forums or billboards.
All correspondence sent to Envex becomes the property of Envex
for use in various activities.
If you provide or use
such information or comments on such forums or billboards, you
are solely responsible for your communications and use of
information, the consequences of such provision and use of
information and your reliance on any communications or
information.
LINKS TO OTHER SITES
This
website may contain links which will let you leave Envex's
site and enter websites and servers maintained by third
parties over whom Envex has no control. ENVEX IS NOT
RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK
CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH
SITES. These links have been provided solely for the
convenience of users of Envex's website and Envex does not
endorse the content of any third party sites and does not make
any representations regarding their content or accuracy.
TERMINATION
Envex may, at its option,
suspend or terminate your access to this website if you fail
to comply with any term or condition of the TCN, or if you
otherwise use, or appear to use, the Free or Pay Software or
website or any part thereof, for any improper, fraudulent,
illegal or malicious purpose.
Envex further reserves
the right to change, suspend or discontinue any aspect of the
Services or website without prior notice.
JURISDICTION
This Agreement shall be
construed in accordance with the laws of the State of Utah and
the federal laws of the United States applicable therein. If
you access this website from outside the United States, you do
so at your own risk and are responsible for compliance with
the laws of your jurisdiction. Any dispute arising out of this
website, the Contents or these Terms and Conditions shall be
governed by the laws of the State of Utah, United States.
COMPLETE AGREEMENT
The TCN represent the
entire agreement between you and Envex regarding use of the
website, the Services and the Content. Envex may revise and
update the Contents from time to time. Please periodically
review the TCN. Your continued usage of this website will mean
that you accept such changes.
MORE INFORMATION
For questions about the forgoing or permissions
regarding Envex's TCN, please contact Envex at http://www.envex.com/.
