TERMS AND CONDITIONS OF USE OF EVISUM.COM

 

Welcome to Evisum.com., provided by Evisum, Inc., a Pennsylvania corporation.  Evisum provides service (sometimes referred to as the AService@) to you pursuant to the following terms and conditions, which are updated periodically without notice.

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.

 

Your continued use of Evisum.com after any updates or revisions constitutes your acceptance of the new terms. Further, these terms and conditions apply exclusively to your access to, and use of Evisum.com and do not alter in any way the terms or conditions of any other agreement you may have with Evisum.com for products, services or otherwise.

 

Privacy Policy

Evisum.com is strongly committed to protecting the privacy of its user community. The intent of  this privacy policy is to detail the information Evisum.com may gather about individuals who visit its Web sites, how that information is used, and Evisum.com=s disclosure practices. Please note that this policy applies only to Evisum.com Web sites and not to the Web sites of other companies or organizations to which we provide links.

 

Site Usage Information

Evisum.com gathers "site usage" information from all visitors to the Evisum.com Web sites. Such data is used in the aggregate, to help determine general usage patterns and fine-tune layout in order to ensure that our sites are as useful and enjoyable as possible. This "site usage" and statistical information may be made public information at Evisum.com discretion.

 

Please note that Evisum.com does not control all HTML served in conjunction with its sites. Evisum.com sites may include content from other parties that may perform user activity tracking other than that described herein. In particular, some of our partners may use "cookies" in ways that we do not.

 

Individual User Information

Individually identifiable information will not be released without that individual's prior consent. Visitors are specifically asked for individually identifiable information when signing up to use certain Evisum.com services. In some instances, users may be asked for personal interest and demographic information in order to create a more customized user experience; however these fields will generally be optional.

 

Disclosure

Evisum.com reserves the right to access and disclose individually identifiable information to comply with applicable laws and lawful government requests, to operate its systems properly or to protect itself or its users. Where practical, Evisum.com will attempt to obtain the prior consent of the individual prior to disclosing individually identifiable information. As mentioned above, we reserve the right to share aggregated "site usage" information with third parties.

 

Copyright

All Web-site materials, including, without limitation, the Evisum.com logo, design, text, graphics, other files, and the selection and arrangement thereof are Copyright 8 2000 Evisum. Inc.  ALL RIGHTS RESERVED. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Evisum or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial and informational use only; provided that you may not, without the permission of Evisum or the respective copyright owner, (a) copy, publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.

 

Trademarks

Evisum, the Evisum logo and the products and services described in this Site, including without limitation Evisum.com, are either trademarks or registered trademarks of Evisum may not be copied, imitated or used, in whole or in part, without the prior written permission of Evisum.  In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Evisum, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Evisum. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

 

No Resale of Service

You agree not to copy, duplicate, reproduce, sell, resell, or exploit for any commercial purpose, any portion of the Service, use of the Service, or access to the Service.

 

Licenses and Site Access

Evisum grants you a non-assignable, non-transferable, and non-exclusive limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Evisum or any third party.

 

You may not use, frame or utilize framing techniques to enclose any Evisum trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Evisum's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing an Evisum name, trademark or product name without Evisum's express written consent.

 

Evisum may terminate this license at any time and for any reason or for no reason, without any notice.  Evisum reserves the right to revoke this license or to alter its terms periodically, without notice to you.  Evisum reserves the right to take any action it deems appropriate in its sole discretion against any use that does not conform to these provisions.

 

Linking

You are granted a limited, nonexclusive right to create a hyperlink to this Site provided such link does not portray Evisum or any of its services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Evisum logo or other proprietary graphic or trademark of Evisum to link to this Site without the express written permission of Evisum. This limited right may be revoked at any time.

 

Evisum may provide, or third parties may provide, links to other World Wide Web sites or resources.  Evisum makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Evisum and Evisum is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Evisum is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Evisum of the site or any information contained therein. When leaving the Evisum site, you should be aware that Evisum's terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

 

Evisum shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or resource.

 

User Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (referred to as AContent"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Evisum, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Evisum does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Evisum be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

 

In using this Site, you agree:

 

a)  not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites;

b)  not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites;

 

c)  not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;

 

d)  not to use or attempt to use another's account, service or system without authorization from Evisum, or create or use a false identity on this Site;

 

e)  not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;

 

f)  not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access;

 

g) upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

 

h) harm minors in any way.

 

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.

 

Forums and Interactive Areas

This Site may include discussion forums or other interactive areas. Forums and interactive areas shall be used only for noncommercial purposes. By using any forum or interactive areas, you agree not to do any of the following:

 

a) upload to, distribute or otherwise publish through this Site any message, data, information, text or other Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

 

b) upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the US Securities and Exchange Commission or any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ.

 

 

c) upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content.

 

d) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.

 

e) without Evisum's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.

 

Evisum takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Evisum reserves the right but not the obligation to remove any materials it deems objectionable. You agree to hold harmless Evisum and its affiliates and parties with whom Evisum has contracted for purposes of hosting or maintaining this Site from all claims based upon communications made or materials posted by others or the use by third parties of this Site.

 

Copyright Policy and Copyright Agent

It is Evisum's policy to respect the copyright and intellectual property rights of others and we ask our users to do the same.  Evisum may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Evisum may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.  If you believe that your work has been copied by others in a way that constitutes a copyright infringement, please provide the following to Evisum=s copyright agent:

 

a) a signature of the person authorized to act on behalf of the owners or owners of the copyright interest;

 

b) a description of the location of the material that you claim is being infringed;

 

c) a description of the copyrighted work you claim is being infringed;

 

d) your address, telephone number and e-mail address;

 

e) a statement made by you that you have a good faith belief that the disputed use is not authorized by the owner of the copyright, the owner=s agent or the law.

 

Indemnification

By using Evisum, you shall remain solely liable for the Content of any messages or other information you upload or transmit to Evisum, including any discussion forums or interactive areas of this Site. You agree to indemnify and hold harmless Evisum, its subsidiaries, officers and employees from any claim, action, demand, loss or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to content you submit, your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.  You hereby agree to release Evisum, its parents, subsidiaries, affiliates, officers and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Services.

 

Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Evisum, or postings on this Site, are non-confidential and shall become the sole property of Evisum. Evisum shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Evisum, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

 

The information contained within press releases issued by Evisum should not be deemed accurate or current except as of the date the release was posted. Evisum has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

 

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.

 

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EVISUM AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY EVISUM OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

 

USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT EVISUM DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, EVISUM AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.

 

EVISUM DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. EVISUM DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY EVISUM VIA EMAIL OR OTHER MEANS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES EVISUM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF EVISUM OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.

 

EVISUM ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NON-DELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MIS-DELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF EVISUM, ITS AFFILIATES, ITS LICENSORS OR A USER'S OWN ERRORS AND/OR OMISSIONS.

 

EVISUM DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEB SITE WILL BE MAINTAINED.

 

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

Limitation on Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, SHALL EVISUM OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING EVISUM.COM OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE EVISUM OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF EVISUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

 

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the Court of Common Pleas of Allegheny County, Pennsylvania, or the United States District Court for the Western District of Pennsylvania, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

 

Termination

Notwithstanding any of these terms and conditions, Evisum reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site.

 

Severability

If any provision of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.