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AGREEMENT BETWEEN USER AND EVI
1. Restrictions on Use
EVI reserves the right to change the terms, conditions, and notices under which the EVI Solution and the EVI Public Website is offered, including but not limited to any charges associated with the use of the EVI Solution or the EVI Public Website now or in the future. You are responsible for regularly reviewing these terms and conditions.
3. Personal and Non-commercial Use Limitation
4. Links to Third Party Sites / Business Relationships
EVI makes no representations whatsoever about any other website which you may access through the EVI Solution or the EVI Public Website. When you access a non-EVI Web site, even one that may contain the EVI logo or other EVI trademark, service mark or trade name, please understand that it is independent from EVI and that EVI has no control over the content on that Website. EVI is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EVI is not responsible for webcasting or any other form of transmission received from any Linked Site. EVI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EVI of the site or any association with its operators. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
5. No Unlawful or Prohibited Use
As a condition of your use of the EVI Solution or the EVI Public Website, you warrant to EVI that you will not use the EVI Solution or the EVI Public Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the EVI Solution or the EVI Public Website in any manner which could damage, disable, overburden, or impair the EVI Solution or the EVI Public Website or interfere with any other party’s use and enjoyment of the EVI Solution or the EVI Public Website.
6. Use of Communication and Collaboration Services
The EVI Solution or the EVI Public Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, shared storage spaces, physical and human resource databases, graphical resource and incident management facilities, and/or other message, communication, information sharing, and/or collaboration facilities designed to enable you to communicate, share information, and collaborate with individuals, a group of individuals, or the public at large (collectively, “Communication and Collaboration Services”). You agree to use the Communication and Collaboration Services only to search, view, enter, share, send and receive messages and material that are proper and related to the particular Communication and Collaboration Service. By way of example, and not as a limitation, you agree that when using a Communication and Collaboration Service, you will not:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication and Collaboration Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication and Collaboration Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Falsify, or inappropriately enter or modify, information that can be shared with, viewed by, and/or utilized by other users.
• Restrict or inhibit any other user from using and enjoying the Communication and Collaboration Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication and Collaboration Service.
• Harvest or otherwise collect personal information about others, including e-mail addresses, without their consent.
• Harvest or otherwise inappropriately collect any human or physical resource information, without the consent of the owner of that specific resource record.
• Violate any applicable laws or regulations.
Your participation in the Communication and Collaboration Services may be edited, censored or otherwise controlled by EVI; however, EVI has no obligation to monitor the Communication and Collaboration Services. EVI reserves the right to review materials posted to any Communication and Collaboration Service, and to remove any materials in its sole discretion. EVI reserves the right to terminate your access to any or all of the Communication and Collaboration Services at any time without notice for any reason whatsoever; provided, however, that any such termination be subject to the terms of any applicable agreements with EVI. EVI reserves complete and sole discretion with respect to the operation of the EVI Solution and the EVI Public Website.
EVI reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in EVI’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication and Collaboration Service. EVI does not control or endorse the content, messages or information found in any Communication and Collaboration Service and, therefore, EVI specifically disclaims any liability with regard to the Communication and Collaboration Services within the EVI and the EVI Public Website and any actions resulting from your participation in any Communication and Collaboration Service within the EVI and the EVI Public Website.
Materials uploaded to a Communication and Collaboration Service may be subject to posted limitations on usage, reproduction, and/or dissemination and you are responsible for adhering to such limitations if you download the materials.
7. Materials Provided to EVI, Entered into the EVI Solution, or Posted on the EVI Website
EVI may, in its sole discretion, audit and review any type of information (without limitation) provided to EVI, entered into an EVI Solution application, or posted on the EVI Public Website, and may authorize restrictions on access thereto.
EVI does not claim ownership of the materials you provide to EVI, enter into EVI Solution, or post, upload, input or submit to the EVI Public Website or its associated services (collectively “Submissions”). By entering, posting, uploading, inputting, providing or submitting your Submission you are granting EVI and its necessary sublicenses a royalty free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to use your Submission in connection with the operation of the EVI Solution, the EVI Public Website, or other EVI Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
Notwithstanding the above, You retain exclusive ownership rights over Your proprietary business data, information and strategy, as well as the data or other information entered on the EVI Website as part of conducting Your business using our Solution and website. EVI reserves the right to collect information from activity on its Website. In addition, EVI reserves the right to anonymize, aggregate, and analyze such information, and to create “meta data” (meta data is data that describes data). In no event will You, Your users specific data, information and strategy, and/or any other information relating specifically to You or Your users be identifiable. Any such meta data is the exclusive property of EVI.
No compensation will be paid with respect to the use of your Submission, as provided herein. EVI is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in EVI’s sole discretion. EVI will not release your name or otherwise publicize the fact that you submitted materials or other information to it unless: (a) For the EVI Solution, EVI obtains your permission to use your name (or via opt-in you have elected to display or share your name and/or other personal information); or (b) For the EVI Public Website, EVI first notifies you that the materials or other information you submit to a particular part of the EVI Public Website will be published or otherwise used with your name on it; or (c) EVI is required to do so by law.
By entering, posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, enter, post, upload, input or submit the Submission.
When accessing secure areas on the EVI Public Website requiring authentication, and upon login to any EVI Solution application (which requires authentication), you are responsible for the additional terms and conditions of any agreements between EVI and you or your employer, software license holder, client, or other associate to the extent the agreements apply to you.
8. EVI Solution and EVI Content Available on the EVI Public Website
The EVI Solution, whether accessed or downloaded from the EVI Public Website, excluding software that may be made available by end-users through a Communication and Collaboration Service, is the copyrighted work of EVI and/or its suppliers. Your use of the EVI Solution is governed by the terms of the Master Subscription Agreement with the organization to which you are an “authorized user”.
The EVI Solution is owned by EVI and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the EVI Solution is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE EVI SOLUTION IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE MASTER SERVICES SUBSCRIPTION AGREEMENT. You acknowledge that the EVI Solution, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the EVI Solution, directly or indirectly, to any countries that are subject to U.S.A. export restrictions.
If you download or access any third-party content from the EVI public Website, EVI makes no representations or warranties concerning such content and you expressly agree that EVI has no liability for your use of such content.
9. Liability Disclaimer
THE INFORMATION, EVI SOLUTION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE EVI SOLUTION AND THE EVI PUBLIC WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EVI AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE EVI SOLUTION AND THE EVI WEB SITE AT ANY TIME. INFORMATION AND/OR ADVICE RECEIVED VIA THE EVI SOLUTION OR THE EVI PUBLIC WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, TECHNICAL, OPERATIONAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. FURTHER, EVI SHALL HAVE NO RESPONSIBILITY WHATSOEVER FOR THE PERSONAL OR BUSINESS CONDUCT OF USERS OF THE EVI SOLUTION OR THE EVI WEBSITE, INCLUDING POLICIES AND PROCEDURES RELATED TO EMERGENCY PREPAREDNESS, RESPONSE, AND RECOVERY. USER AGREES THAT ANY RELIANCE UPON THE EVI SOLUTION OR THE EVI PUBLIC WEBSITE IN THE PERFORMANCE OF ACTIONS RELATED TO EMERGENCY PREPAREDNESS, RESPONSE, AND RECOVERY SHALL NOT DIMINISH THIS USER’S DIRECT RESPONSIBILITY FOR THE POSITIVE OR NEGATIVE RESULTS ASSOCIATED WITH SUCH ACTIONS.
EVI AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, EVI SOLUTION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE EVI SOLUTION OR ON THE EVI PUBLIC WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. FURTHER, INFORMATION ENTERED, POSTED, DISSEMINATED AND SHARED IN THE EVI SOLUTION AND THE EVI PUBLIC WEBSITE MAY BE CONSIDERED OR CONSTRUED TO BE OF A PRIVATE AND/OR CONFIDENTIAL NATURE. THE DECISION ABOUT WHICH INFORMATION TO ENTER, DISSEMINATE, OR SHARE IS SOLELY THAT OF THE USER PERFORMING THESE ACTIONS. EVI DISCLAIMS ANY AND ALL RESPONSIBILITY FOR THE EXISTENCE, CONFIDENTIALITY, ACCURACY, OR VALIDITY OF ANY DATA ENTERED INTO THE EVI SOLUTION OR POSTED TO THE EVI WEBSITE. FURTHER, THE USER WHO PERFORMS THESE ACTIONS ACCEPTS SOLE RESPONSIBILITY FOR COMPLYING WITH ANY APPLICABLE LOCAL, STATE, OR FEDERAL PRIVACY LAWS, ORDINANCES, OR STATUTES.
EVI AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, EVI SOLUTION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF EVI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, BUSINESS PARTNERS, AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED.
10. Service Contact
11. Copyright and Trademark Notices
All of the content of the EVI Solution and the EVI Public Website are: Copyright 2006. Emergency Visions, Inc., 739 Trabert Avenue NW, Suite F, Atlanta, GA 30318, U.S.A. All rights reserved. Material contained in the EVI Solution and on the EVI Public Website contains the valuable properties of EVI, embodying substantial creative efforts, no part of which may be reproduced or transmitted in any form or by any means, or retained in any storage or retrieval system, without the express written permission of EVI.
EVI reserves all rights in its trademarks, service marks and trade names.
12. Notices and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to:
Emergency Visions, Inc.
739 Trabert Avenue NW, Suite F
Atlanta, GA 30318
14. User Representations
You represent and warrant that you are at least eighteen (18) years of age and that you possess the legal right and ability to enter into this Agreement and to use the EVI Solution or the EVI Website in accordance with this Agreement. You agree to be financially responsible for your use of the EVI Solution or the EVI Public Website (as well as for use of any account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement. If you have agreed to allow your minor child, or a child for whom you are legal guardian (a “Minor”), to use the EVI Solution or the EVI Public Website or to register as a member of the EVI Public Website services, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of the EVI Solution or the EVI Public Website; and (c) the consequences of any use of the Services by such Minor.
16. Waiver, Release and Limitation of Liability
YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST EVI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, BUSINESS PARTNERS, OR SUPPLIERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE EVI SOLUTION OR THE EVI PUBLIC WEBSITE.
17. Term & Termination
Either you or EVI may terminate your right to use the EVI Solution or the EVI Public Website at any time, with or without cause, upon notice; provided, however, that any such termination is subject to the terms of your agreement with EVI, if any. EVI also reserves the right to terminate or suspend any EVI Solution user account or any EVI Public Website membership or account without prior notice, but EVI will confirm such termination or suspension by subsequent notice. In addition, EVI may withdraw, suspend or discontinue any functionality or feature of the EVI Solution or the EVI Public Website; provided, however, that if your agreement with EVI provides for the continued use of any functionality or feature, EVI will continue to provide that respective functionality or feature to you subject to the provisions of such agreement. The provisions concerning Copyrights, Indemnification, Waiver, Release and Limitation of Liability, and General shall survive any termination of this Agreement.
This Agreement is governed by the laws of the State of Georgia, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Cobb County, Georgia, U.S.A. in all disputes arising out of or relating to the use of the EVI Solution or the EVI Public Website. Use of the EVI Solution or the EVI Public Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Any cause of action or claim you may have with respect to EVI must be commenced within one (1) year after the claim or cause of action arises. EVI’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. EVI may assign its rights and duties under this Agreement to any party at any time without notice to you.
You agree that no joint venture, partnership, employment or agency relationship exists between you and EVI as a result of this Agreement or use of the EVI Solution or the EVI Public Website. EVI’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of EVI’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the EVI Solution or the EVI Public Website, or information provided to or gathered by EVI with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, 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 this Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and EVI with respect to the EVI Public Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and EVI with respect to the EVI Public Website; provided, however, that any separate agreement between the user and EVI to access secure areas of the EVI Public Website remain in full force and effect. Unless otherwise specified herein, this Agreement is an additional agreement between the user and EVI with respect to the EVI Solution. For the EVI Solution, the Master Subscription Agreement between EVI and the organization to which you are an “authorized user” also provides terms and conditions to which you must adhere and comply.
EVI may deliver notice to you under this Agreement by means of electronic mail, a general notice on the EVI Public Website, or by written communication delivered by first class U. S. mail to your address on record in EVI’s account information. You may give notice to EVI at any time via electronic mail to email@example.com (for EVI Public Website issues) or to firstname.lastname@example.org (for EVI Solution issues), or by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:
Emergency Visions, Inc.
1000 Marietta St. NW, Suite 234
Atlanta, GA 30318
Attn: Customer Support
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