Terms of Service - Envantage

Terms of Service:

The following terms and conditions govern all use of the Envantage.com website and all content, services and products available at or through the website (the “Website”). The Website is owned and operated by Envantage, Inc. (“Envantage”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Envantage’s Privacy Policy) and procedures that may be published from time to time on this Website by Envantage (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you, the user of this Website, agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Envantage, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Your Envantage.com Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Envantage may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Envantage liability. You must immediately notify Envantage of any unauthorized uses of your account or any other breaches of security. Envantage will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Use of the Website. By visiting, making purchases from, or otherwise using, the Website: (a) You represent that you are of legal age to form a binding contract, and are not a person barred from using the Website under the laws of the United States or any other applicable law; (b) if you are using the Website on behalf of your employer, you represent that you are authorized to do so; and (c) you agree that if you create an account on the Website, you will provide true, accurate, current and complete information as prompted by the Website’s registration forms, and update your registration data to keep it true, accurate, current and complete when using your account in the future.
Responsibility of Contributors. If you comment on a post, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; o you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
your posts are not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
nothing about your post, including its title or the name under which it is posted, misleads your readers into thinking that you are, or are associated with, another person or company (for example, your post’s URL or name is not the name of a person other than yourself or company other than your own); and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Envantage or otherwise.

Without limiting any of those representations or warranties, Envantage has the right (though not the obligation) to, in Envantage’s sole discretion (i) refuse or remove any content that, in Envantage’s reasonable opinion, violates any Envantage policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Envantage’s sole discretion.

4. Contributions. By submitting Content or other ideas, suggestions, documents, and/or proposals (“Contributions”) to Envantage through its suggestion or feedback web pages, via email, by posting on the Website, or otherwise, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Envantage is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) you grant Envantage a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, publish, use or disclose such Contributions for any purpose, in any way, in any media worldwide; (d) Envantage may have something similar to the Contributions already under consideration or in development; and (e) you are not entitled to any compensation or reimbursement of any kind from Envantage in connection with the Contributions under any circumstances.

5. Responsibility of Website Visitors. Envantage has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Envantage does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Envantage disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

6. Other Conduct. You also agree to abide by the following rules for use of the Website. (a) You may not use the Website in such a manner as to violate any applicable law. (b) You may not use the Website or any hardware, software, or equipment of Envantage for the purposes of destroying, disrupting or interrupting any software, hardware or any part of the Internet, with respect to Envantage or any other party, including denial of service attacks, imposition of an unreasonable or disproportionately large load on infrastructure, or virus dissemination. (c) You may not use any robot, spider or other automated device to monitor or copy the web pages of the Website or any information provided on the Website without the express written permission of Envantage.

7. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Envantage.com links, and that link to Envantage.com. Envantage does not have any control over those non-Envantage websites and webpages, and is not responsible for their contents or their use. By linking to a non-Envantage website or webpage, Envantage does not represent or imply that it endorses such website or webpage, nor does it make any representation regarding the non-Envantage website, its content, its owner, its performance, or its owner’s products or services. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Envantage disclaims any responsibility for any harm resulting from your use of non-Envantage websites and webpages.

8. Copyright Infringement and DMCA Policy. As Envantage asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on the Website violates your copyright or your intellectual property right shave been otherwise violated, please provide Envantage’s Copyright Agent the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(d) your address, telephone number, and email address;

(e) 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;

(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Envantage’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

By phone: 216-475-5919

By fax: 216-475-9954

By email: info@envantage.com

Envantage will respond to all such notices, including as required or appropriate by removing the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Envantage or others, Envantage may, in its discretion, terminate or deny access to and use of the Website.

9. Intellectual Property. This Agreement does not transfer from Envantage to you any Envantage or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Envantage. All materials on the Website that are created or provided by Envantage, including text, graphics, logos, icons, and images, are the property of Envantage or other content providers, and are protected by United States and foreign intellectual property laws. The compilation of all the content on this Website is the exclusive property of Envantage and is also protected by United States and foreign intellectual property laws. You may download, view, copy, and print the materials on this Website for personal or internal business use only, provided that you do not remove or alter any trademark, service mark, or logo, or any copyright, trademark or other intellectual property notices. Except as provided above, you may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit, or modify any material, or portion thereof, located on the Website, or resell access to the Website, in any form or by any means without the prior written consent of Envantage. We reserve the right to revoke any of the rights granted in this Agreement at any time, and those rights automatically terminate if you violate any obligation under this Agreement. Unauthorized use of any material on the Website may violate copyright law, trademark law, and other laws of the United States and other jurisdictions. All rights not expressly granted in these Terms of Use are reserved. ENVANTAGE, ENVANTAGE.COM, the ENVANTAGE logo, and all other trademarks, service marks, graphics and logos used in connection with Envantage.com, or the Website are trademarks or registered trademarks of Envantage or Envantage’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Envantage or third-party trademarks.

10. Changes. Envantage reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Envantage may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

11. Termination. Envantage may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Envantage.com account (if you have one), you may simply discontinue using the Website. Envantage can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. In the event either you or Envantage terminate this Agreement for any reason, you remain liable for any fees incurred before such termination is effective.

12. DISCLAIMER OF WARRANTIES. THE WEBSITE IS PROVIDED “AS IS”. UNLESS OTHERWISE SPECIFIED IN WRITING, ALL PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ENVANTAGE AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER ENVANTAGE, NOR ITS SUPPLIERS OR LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.

13. LIMITATION OF LIABILITY. IN NO EVENT WILL ENVANTAGE, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO ENVANTAGE UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION, OR IF NO FEES HAVE BEEN PAID IN SUCH PERIOD, ONE HUNDRED DOLLARS ($100). ENVANTAGE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO THE EXTENT PROHIBITED BYAPPLICABLE LAW.

14. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

15. Indemnification. You agree to indemnify and hold harmless Envantage, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees and settlement amounts, arising out of your use of the Website, including but not limited to your violation of this Agreement, the failure to fulfill any obligations related to your account you or anyone using your account, or for any third party claims arising from your use of the Website or reliance on any information found on the Website.

16. Miscellaneous. This Agreement constitutes the entire agreement between Envantage and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Envantage, or by the posting by Envantage of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Ohio, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Cuyahoga County, Ohio, provided that claims for injunctive or equitable relief or claims regarding intellectual property rights may be brought in any competent court without the posting of a bond. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Envantage may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

These Terms of Service are based on the Terms of Service of WordPress.com <http://wordpress.com>, which are made available under a Creative Commons Attribution -ShareAlike license. You can learn more about the ShareAlike license on the Creative Commons website: <http://creativecommons.org/licenses/by-sa/3.0/> You are welcome to copy and repurpose these Terms of Service for your own use, so long as you replace references to us with references to you. (If you want, WordPress.com would appreciate a link somewhere on your site.)