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 www.Envex.com.