TERMS OF USE
PLEASE READ THESE TERMS OF USE
CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE YOU AGREE TO BE
BOUND BY ALL OF THE TERMS OF USE WITHOUT EXCEPTION.
Permission is not granted to reproduce any part of these resources
without permission from Envere. It is likewise not permitted to present
links to these resources in a manner that could cause confusion as to
the ownership of the resources, or that would cause the resources to be
viewed alongside commercial advertising (e.g., do not present any part
of this website in the context of an HTML frameset). Non-commercial,
honest, ordinary linking is permitted without having to ask first.
Spam Policy: The email
addresses found within this site are only to be used to obtain further
information with respect to the products or services contained within
it. Any other use is classified as SPAM and is prohibited. Envere
neither sells nor markets email addresses found within this site.
Permission is not granted to sell or market email addresses contained
within this site. Violations of our SPAM policy will be invoiced $100
per month in each month of a violation. This cost covers our expenses
incurred to process SPAM. All invoices are due on receipt. Invoices in
which payment is not received within 30 days of issuance will incur
interest at a rate of 181⁄2% per month and will subject the violator to
a formal report to the credit agencies and the invoice's will be turned
over to a collection agency.
Please review our Privacy Policy (see below).
General: This site is owned and
operated by Envere. Envere has the right at any time to change or
discontinue any aspect or feature of the site, including, without
limitation, the content, hours of availability, and equipment needed
for access or use of the site.
Equipment: You shall be
responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed for access to and use of the site
and all charges related thereto.
Restrictions on Use: You shall
use the site for lawful purposes only. You shall not post or transmit
through the site any material which violates or infringes in any way
upon the rights of others, which is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable, which encourages conduct that would
constitute a criminal offense, gives rise to civil liability or
otherwise violate any law. Without Envere's express prior approval, you
shall not post or transmit through the site any material which contains
advertising or any solicitation with respect to products or services.
You shall not use the site to advertise or perform any commercial
solicitation, including, without limitation, the solicitation of users
to become subscribers of other on-line information services competitive
with the site. Any conduct by you that in Envere's discretion restricts
or inhibits any other user from using or enjoying the site will not be
permitted.
The site contains copyrighted material, trademarks and other
proprietary information, including, without limitation, text, software,
photos, video, graphics, music and sound, and the contents of the site
are copyrighted under the United States copyright laws. You may not
modify, publish, transmit, display, participate in the transfer or
sale, create derivative works, or in any way exploit, any of the
content, in whole or in part. You may download one copy of any
copyrighted material for your personal, non-commercial home use only.
Except as otherwise expressly permitted under copyright law, no
copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without the
express written permission of Envere and the copyright owner. In the
event of any permitted copying, redistribution or publication of
copyrighted material, no changes in or deletion of author attribution,
trademark legend or copyright notice shall be made. You acknowledge
that you do not acquire any ownership rights by downloading copyrighted
material.
You shall not upload, post or otherwise make available on the site any
material protected by copyright, trademark or other proprietary right
without the express permission of the owner of the copyright, trademark
or other proprietary right and the burden of determining that any
material is not protected by copyright rests with you. You shall be
solely liable for any damage resulting from any infringement of
copyrights, proprietary rights, or any other harm resulting from such a
submission. By submitting material to any public area of the site, you
automatically grant, or warrant that the owner of such material has
expressly granted Envere the royalty-free, worldwide, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify,
adapt, publish, display, translate and distribute such material (in
whole or in part) and/or to incorporate it in other works in any form,
media or technology now known or hereafter developed. You also permit
any other user of the site to access, view, store or reproduce the
material for that user's personal use. You grant Envere the right to
edit, copy, display, publish and distribute any material made available
on the site by you.
The foregoing provisions of Section 3 are for the benefit of Envere,
its subsidiaries, affiliates and its third party content providers and
licensors and each shall have the right to assert and enforce such
provisions directly or on its own behalf.
Disclaimer of Warranty; Limitation of
Liability: YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR
SOLE RISK. NEITHER ENVERE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT
THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE,
OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH
THE SITE.
THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED
BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER
APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS
OBTAINED FROM THE USE OF THE SITE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
THIS DOES NOT AFFECT ANY STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED.
YOU SPECIFICALLY ACKNOWLEDGE THAT HUS IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH
IT HAS NO CONTROL.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL ENVERE
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION
WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY
OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID
BY YOU, IF ANY, FOR ACCESSING THIS SITE. THIS DOES NOT AFFECT ANY
STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED.
Monitoring: Envere shall have
the right in its sole discretion to refuse to post or remove any
material submitted to or posted on the site. Without limiting the
foregoing, Envere shall have the right to remove any material that
Envere, in its sole discretion, finds to be in violation of the
provisions hereof or otherwise objectionable.
Indemnification: You agree to
defend, indemnify and hold harmless Envere and its affiliates and their
respective directors, officers, employees and agents from and against
any and all claims, actions, demands, damages, costs, liabilities,
losses and expenses (including reasonable attorneys' fees) arising out
of your use of the site.
Trademarks: Envere and each of
its logos are trademarks of Envere. All rights reserved. All other
trademarks appearing on the site are the property of their respective
owners.
Third Party Content: Envere is
not a publisher of content supplied by third parties and users of the
site. Accordingly, Envere has no more editorial control over such
content than does a public library, bookstore, or newsstand. Any
opinions, advice, statements, services, offers, or other information or
content expressed or made available by third parties, including
information providers and users, are those of the respective author(s)
or distributor(s) and not of Envere. In many instances, the content
available through the site represents the opinions and judgments of the
respective information provider or user. Envere neither endorses nor is
responsible for the accuracy or reliability of any opinion, advice or
statement made on the site by anyone other than authorized Envere
employee spokespersons while acting in their official capacities.
Viruses: Envere also assumes no
responsibility, and shall not be liable for, any damages to, or viruses
that may infect, your computer equipment or other property on account
of your access to, use of, or browsing in the Site or your downloading
of any materials, data, text, images, video, or audio from the Site.
Export Control: Software and
other materials from this Site may also be subject to United States
Export Control. The United States Export Control laws prohibit the
export of certain technical data and software to certain territories.
No software from this Site may be downloaded or exported (1) into (or
to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran,
Syria, or any other country to which the Unites States has embargoed
goods; or (2) anyone on the Unites States Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce Department's Table
of Deny Orders. Envere does not authorize the downloading or
exportation of any software or technical data from this Site to any
jurisdiction prohibited by the United States Export Laws.
Business Associates: The
business associates of Envere identified on this Site are independent
contractors of Envere. The business associates are not joint ventures
or partners of Envere. No employee or representative of the business
associates is under the control of Envere.
Changed Terms: Envere has the
right at any time to change or modify the terms and conditions
applicable to use of the site, or any part thereof, or to impose new
conditions, including, without limitation, adding fees and charges for
use. Such changes, modifications, additions or deletions shall be
effective immediately upon notice thereof, which may be given by any
means including, without limitation, posting on the site, or by
electronic or conventional mail, or by any other means. Any use of the
site by you after such notice shall be deemed to constitute acceptance
of such changes, modifications, additions or deletions.
Miscellaneous: These terms of
use constitute the entire agreement of the parties with respect to the
subject matter hereof and supersede all previous written or oral
agreements between the parties with respect to such subject matter
except for advertisers who have executed a written agreement for
advertising with Envere. In this case, the terms of the signed
advertising agreement shall prevail. These terms of use shall be
construed in accordance with the laws of the State of California,
without regard to its conflict of laws rules. You hereby consent to the
personal jurisdiction of the State of California, acknowledge that
venue is proper in any state or Federal court in the State of
California, agree that any action related to these terms of use must be
brought in a state or Federal court in the State of California, and
waive any objection that may exist, now or in the future, with respect
to any of the foregoing. No waiver by either party of any breach or
default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default. The section headings used herein are for
convenience only and shall not be given any legal import.
Envere website incorporates links to other websites. Envere does not in
any way endorse, nor is it responsible for, the content on those other
websites.
PRIVACY POLICY
Information Collection and Use:
Envere IS the owners of the information collected on this site. We will
not sell, share, or rent this information to others except when
necessary or requested by users or our dealers.
Log Files: We use IP addresses
to administer the site, track user movement and gather demographic
information for aggregate use. IP addresses are not linked to
identifiable information.
Sharing: We will share
aggregated demographic information with our partners and advertisers.
This is not linked to any personal information that can identify any
individual person.
Links: This website contains
links to other sites. We are not responsible for the privacy practices
of other sites. Read the privacy statements of each website that
collects identifiable information.
Security: Envere takes every
precaution to protect users' information. When users submit sensitive
information via the website, their information is protected both online
and offline. When our registration/order form asks users to enter
sensitive information (such as credit card number and/or Social
Security number), that information is encrypted and is protected with
the best encryption software in the industry-SSL. While we use SSL
encryption to protect sensitive information online, we also protect
user information offline.
Correction / Updating Personal
Information: If a user's personally identifiable information
changes (such as a ZIP code), or if a user no longer desires our
service, we will provide a way to correct, update or remove that user's
personal data.
Choice / Opt-Out: Our users are
given the opportunity to opt out of having their information used for
purposes not directly related to our site at the point where we ask for
the information.