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Legal Notices
Terms of Use
By accepting the Terms of Use and/or using the Web Site, you agree to use it in strict accordance with,
and to be bound by, all of the terms and conditions contained in these Terms of Use ("Terms"). Unless expressed
otherwise, any new features that augment or enhance the existing services available though ENDIVA Software, Inc. shall be subject to these terms. The Terms apply to all users unless
specified otherwise. If you do not wish to be bound by these Terms or if you do not understand these terms, do not
use or access our services and products.
Description of Services and Users
ENDIVA Software, Inc. provides fully integrated web services packages that assist its customers ("Licensees") in creating and maintaining their personal and/or
business websites, and managing their e-community and e-commerce functions. By using ENDIVA as a platform to create
their websites, Licensees can then allow their members, clients, and/or any other visitors of their website (collectively, "Public Users") to access and use
their website at leisure or as permitted by the Licensees. ENDIVA is not involved in the actual uploading of any of the information, content, links, and the recruiting of any
members that the Licensees find suiting to their needs for the existence of their association web site. Hence, ENDIVA has neither control over the quality, safety, legality and accuracy of
the information posted nor any activities or communications that are conducted by our Licensees, their affiliations, and their members.
Grant of Rights
ENDIVA Software, Inc. grants all users a non-exclusive, non-transferable license to use all portions of the Web Site based on ENDIVA platforms in strict accordance with
the provisions of these Terms. These Terms do not grant you the right to use any ENDIVA Software, Inc. trademark
service mark or logo for any purpose whatsoever.
Personal Information (Privacy)
As stated above in Description of Services, ENDIVA has no control over any activities or communications that are conducted by our Licensees, their
affiliations, and their members. ENDIVA has no access to any personal information that is obtained via
this Web Site; such information is governed and obtained by its Licensees. The ENDIVA web tools allow all their Licensees to post their Privacy Policy onto
their Web Site. If the Licensees choose to utilize the Privacy Policy posting option, ENDIVA encourages all users
to consult the policy via the provided hypertext link on the home page of the Web Site.
Proprietary Materials (Copyright)
| (a) | Copyright materials/Information. The Web Site contains copyrighted
material, trademarks and other proprietary information of ENDIVA and others
(collectively "Proprietary Material"), including, but not limited to, design,
page layout, color scheme, graphical themes, background style, frame, text,
software, photos, video, graphics, images, music and sound. You agree not to
modify, publish, transmit, participate in the transfer or sale of, create
derivative works of, or in any way exploit, in whole or in part, any ENDIVA
Proprietary Material.
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| (b) | Use of Material. The entire Proprietary Materials that
belong to ENDIVA are: Copyright 2003, ENDIVA Software, Inc. All Rights Reserved.
Complying with all applicable copyright laws is the responsibility of all users.
Commercial use of all ENDIVA Proprietary Materials requires prior written
consent from ENDIVA Software, Inc. Except as otherwise expressly permitted by
the Terms, or as permitted under copyright law, no posting, copying,
downloading, uploading, transmission, retransmission, distribution,
redistribution, publication, republication, decompilation, disassembling,
reverse engineering, or otherwise reproducing, storing, transmitting, modifying
or commercially exploiting any Proprietary Material in any form or by any means,
for any purpose, is permitted without the express written permission of ENDIVA.
In the event of any copying, redistribution or publication of copyrighted
material as permitted by law, no changes in or deletion of trademark, page
layout, design appearance, legend, or copyright notice shall be made.
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| (c) | Trademarks.
The ENDIVA marks and logos are service marks and trademarks of ENDIVA Software,
Inc. Registered ENDIVA trademarks include, but are not limited to: ENDIVA, DynaForm, SmartContainer, WebOS, .Web,
The Dot Web Company, SmartFirewall, and SmartWebSite. Other trademarks, service marks and logos used
in the Web Site are the trademarks, service marks or logos of their respective owners. Third party content and software required by or made available by or
through this site is the property of its respective owner, and their use is subject to the license or terms provided by such owner.
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| (d) | Exceptions.
Due to the nature of ENDIVA services and products, not all Proprietary Materials on the Web Site belong to ENDIVA Software, Inc. ENDIVA𠏋 Licensees, who are bound by the Software License Agreement and
these Terms, supply most of the areas of the site that contain information. It is the responsibility of the Licensees to be able to distinguish between Proprietary Materials that belong to
ENDIVA and the Licensees. It is the responsibility of the Public Users to inquire about ownership of the Proprietary
Materials if they plan to use, modify, or acquire any the Proprietary Material in question.
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Indemnification
| (a) | You agree to indemnify, defend, and hold harmless ENDIVA Software, Inc. and its officers, employees, sponsors, licensors,
independent contractors, providers, agents, subsidiaries, affiliates and other partners (collectively. the "Indemnified"), from and against any and all
liabilities, damages, actions, causes of action, suits, claim, demands, losses, costs and expenses (including without limitation reasonable attorneys' fees and
court costs) incurred by the Indemnified in connection with any claim arising from, in, or out of any connection with your Content, your use or connection to
ENDIVA web tools, and any breach by you of any provision of these Terms.
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| (b) | You agree to cooperate as fully as reasonably required in the defense of any such claims. ENDIVA Software,
Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by
you and you shall not in any event settle any claim without the written consent of ENDIVA Software, Inc.
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Content Posted on Web Site
By transmitting, uploading, posting or submitting any Content to Web Sites that are based by ENDIVA web tools, you
declare such Content is not confidential, secret or proprietary information and warrant that no other party has rights to the Content and that your
transmission, posting, uploading or submission of such Content to the Web Site does not violate any copyright or other laws.
ENDIVA Software, Inc. does not and is not under any obligation to actively monitor or review the contents uploaded, posted, submitted, transmitted or made available
on or through the ENDIVA web tools by all users. ENDIVA Software, Inc. shall not be responsible in any way for any such Content and does not guarantee the accuracy,
usefulness, integrity, quality or availability of such contents. ENDIVA assumes no responsibility or liability arising from any content nor for any error, defamation, libel,
slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. By using the ENDIVA web tools you may be
exposed to Content that is offensive, indecent or otherwise objectionable. You must evaluate, determine, and bear the risk associated with, the accuracy, completeness or usefulness of any such
Content. ENDIVA Software, Inc. reserves the right, in the exercise of its sole discretion but without any obligation, to remove from the Internet the ENDIVA powered Web Site that
violates these Terms or is otherwise objectionable in the sole opinion of ENDIVA Software, Inc.
User Conduct.
All users, including Licensees, Public Users, and any users that upload any and all
information, data, text, files, links, software, music, sound, photographs,
graphics, videos or messages or other materials and modes of expression
(contents) onto the web site using ENDIVA web tools, whether publicly posted
or privately transmitted, understand that all contents they upload, post or
otherwise transmit via the ENDIVA web tools are their sole responsibility and
may be held legally liable for all such contents.
Prohibited conducts include, but are not limited to:
| (a) |
transmission, uploads or postings via the ENDIVA web tools any Content that is offensive,
vulgar, sexually explicit, racial, discriminatory, unlawful, invasive of
another's privacy, pornographic, identifiable information pertaining to a minor,
information that is harmful, threatening, abusive, harassing, defamatory,
libelous, obscene, scandalous, inflammatory, or otherwise objectionable, or
information or instructions concerning illegal activities or any material that
could constitute or encourage conduct that would be considered a criminal
offense, give rise to civil liability or otherwise violate any law. |
| (b) |
transmission, uploads or postings via the
ENDIVA web tools any Content that are prohibited from transmitting by any law,
including without limitation Content that infringes any patent, trademark, trade
secret, copyright or other proprietary right of any third party; |
| (c) |
transmission, uploads or postings via the
ENDIVA web tools any Content that contains software viruses, worms or any other
computer code, files or programs designed to detrimentally interfere,
expropriate, interrupt, destroy or limit the functionality and security of any
computer software or hardware or telecommunications equipment; |
| (d) |
disruption of normal flow of Content available
on or through the ENDIVA web tools or interfere with or disrupt the
functionality of the ENDIVA powered Web Site or the ENDIVA Software, Inc.
servers, directories, databases or listings; |
| (e) |
transmission,
uploads or postings via the ENDIVA web tools any hidden pages or images or any
unsolicited advertising, promotional materials or any other forms of
solicitation (SPAM); |
| (f) |
falsification of user or other service related
information, including, but not limited to, intentionally omitting, deleting,
forging or misrepresenting transmission information, provided to ENDIVA or
engaging in any activities or actions intended to withhold or mask Licensees or
its End Users identity or contact information; or, |
| (f) |
intentional or unintentional violation of any
applicable local, state, national or international law, statute, rule, ordinance
or regulation. |
LIMITED WARRANTY
| (a) |
ENDIVA SOFTWARE IS PROVIDED " AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER
EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY AS TO THE
ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, ABSENCE OF ANY VIRUSES OR CONTENT
OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THE ENDIVA POWERED WEB
SITE, AND WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
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| (b) |
ENDIVA Software, Inc. does
not warrant that the functions contained in the ENDIVA powered Web Site will
meet your requirements or that the operation of the ENDIVA powered Web Site will
be uninterrupted or error free, or that defects in the web tools will be
corrected.
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| (c) |
ENDIVA web tools allow the Licensees and the Public
Users to provide links to web sites sponsored and operated by other independent
third parties. These links are not
provided, reviewed, controlled, or examined by ENDIVA Software, Inc. and ENDIVA
Software, Inc. is not responsible for the information, advertising, products,
resources or other materials contained on or otherwise accessed through any such
site. ENDIVA Software, Inc. has no
control over which web sites the Licensees and the Public Users choose to link
nor does ENDIVA has the access to add, decline, or remove the web links the
Licensees added onto the website. However, ENDIVA Software, Inc. reserves the
exclusive right to terminate the whole website if the Licensees if the Licensees
breaches any of the provisions as stated in the Software License Agreement
and/or these Terms.
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| (d) |
Some jurisdictions do not allow the exclusion of implied warranties, so the above
exclusions may not apply to you. The terms of this disclaimer do not affect or prejudice the statutory
rights of a consumer otherwise than the course of a business, nor do they limit
or exclude any liability for death or personal injury caused by negligence of
ENDIVA Software, Inc. |
LIMITATIONS ON LIABILITY AND REMEDIES
| (a) |
YOUR USE OF ANY INFORMATION ON THIS ENDIVA POWERED SITE IS ENTIRELY VOLUNTARY. ENDIVA SOFTWARE, INC. IS
NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE
OR INABILITY TO USE THE ENDIVA POWERED WEB SITE. ENDIVA SOFTWARE, INC. THIS DISCLAIMER OF LIABILITY INCLUDES,
BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER FOR
BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION. ENDIVA Software, Inc. shall not be liable for any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions in procuring,
compiling, collecting, interpreting, reporting, communicating, or delivering information contained in the ENDIVA powered Web Site.
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| (b) |
IN NO EVENT SHALL ENDIVA SOFTWARE, INC. BE LIABLE TO ANY PARTY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OF, OR ANY DELAY OR INABILITY TO USE, THE
ENDIVA POWERED SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED
THROUGH THE ENDIVA POWERED SITE (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS
OF PROFITS OR GOODWILL, LOSS OF USE OF FACILITIES OR EQUIPMENT, OR LOSS OF
PROGRAMS OR INFORMATION), REGARDLESS OF THE FORM OF ACTION, BE IT IN CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ENDIVA SOFTWARE, INC. HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IS NEGLIGENT. WITHOUT LIMITING THE
FOREGOING, ENDIVA SOFTWARE, INC. SHALL NOT BE LIABLE FOR ANY CONDUCT OF ANY USER
OF OR VISITOR TO THE ENDIVA POWERED SITE AND IN NO EVENT SHALL ENDIVA SOFTWARE,
INC. BE LIABLE TO ANY PARTY FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS
WITH RESPECT TO THE ENDIVA POWERED SITE OR THE INFORMATION OR THE TRANSMISSION
OR DELIVERY OF ALL OR ANY PART THEREOF, FOR ANY DAMAGE ARISING THEREFROM OR
OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF INFORMATION
AVAILABLE ON OR THROUGH THE ENDIVA POWERED SITE. |
International Use
ENDIVA Software and other materials from this ENDIVA powered Web Site may 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, Sudan or
any other country to which the United States has embargoed goods; or (2) anyone
on the United States Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders. ENDIVA does
not authorize the downloading or exportation of any software or technical data
from this ENDIVA powered Site in violation of United States Export Laws. By
downloading or using the software, you represent that you are not located in,
under the control of, or a national resident of any of the countries on any of
these lists.
Termination
ENDIVA Software, Inc. may terminate or suspend the right of any user to access ENDIVA
powered Web Site at any time, with or without cause, in ENDIVA Software, Inc.'s
absolute discretion, with notice to the Licensees. The recital in these Terms of specific grounds
for termination of a user's right to access the ENDIVA powered Web Site shall in
no manner whatsoever limit ENDIVA Software, Inc.' s absolute right to terminate
any user's access to the Web Site under this paragraph.
Modifications of Agreement or Service
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ENDIVA Software, Inc. has the right to modify and revise these Terms in any manner and at any time, without notice or
liability. Any modification is effective immediately upon posting on the ENDIVA powered Web Site. You are bound
by any such revisions and should therefore periodically visit this page to review the then current version of these Terms of Use. Your continued use of ENDIVA web tools
following any modification of these Terms shall be conclusively deemed an acceptance of all such modification(s). Your only right with
respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of ENDIVA Software, Inc. in providing
the web tools, is to cease use of the ENDIVA powered Web Site.
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| (b) |
ENDIVA Software, Inc. may at any time, without notice or liability, change or eliminate the whole Web Site. Your only right with
respect to any dissatisfaction with any service related change or elimination is to cease use of the ENDIVA powered Web Site.
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GENERAL
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Failure of ENDIVA Software, Inc. to exercise or enforce any right(s) or provision(s) of these Terms shall not be construed as a waiver of
any provision or right.
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| (b) |
These Terms, and all other aspects of your use of the Web Site shall be governed by and construed in accordance with the laws
of the State of Maryland, without regard to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and
federal courts located within the County of Montgomery, Maryland for any disputes or claims arising out of the Site or use of the Site, and waive any
jurisdictional, venue, or inconvenient forum objections to such courts.
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| (c) |
These Terms constitute the entire agreement between the Public Users and ENDIVA Software, Inc. with respect to the ENDIVA powered Web Site and supersedes all
prior agreements or understandings between the Public Users and ENDIVA Software, Inc. with respect thereto. ENDIVA Licensees are bound to these Terms, in addition to the Software License
Agreement the two parties have contracted. In exception to the Software License Agreement for the Licensees, these Terms of Use supersede all prior or contemporaneous
communications, promises and proposals, whether oral, written or electronic, between you and ENDIVA Software, Inc. and its affiliates with respect to this
Web site and Content, software, products and services provided through or otherwise associated with it.
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| (d) |
Use of this ENDIVA powered Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use,
including without limitation this Section. If any portion of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law,
including without limitation the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall
continue in effect.
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| (e) |
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated
and maintained in printed form. All rights not expressly granted herein are reserved.
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