LegalPrint version

Terms & Conditions of Service

Envisionext, Inc. ("Company") provides hosting and web development services on its Envisionext.com Website. The Service is downloadable to Member's websites, in accordance with the terms and conditions of this Agreement.

Company may, without prior notice, from time to time, add to, delete from, or modify this Agreement. Any additions, deletions, or modifications to the operating rules or policies set forth in this Agreement will be published by Company on its website at www.envisionext.com. The amended Terms and Conditions of this Agreement will be deemed accepted by Member the first time that Member uses the Service after the amended Terms and Conditions are posted on Company's website. The Terms and Conditions of this Agreement and amendments hereto comprise the entire agreement between Member and Company. Please read them carefully.

BY COMPLETING THE REGISTRATION FORM ("FORM") AND CLICKING THE "I ACCEPT" BUTTON, YOU REPRESENT THAT YOU ARE AT LEAST 21 YEARS OF AGE AND INDICATE YOUR AGREEMENT TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF SERVICE. IN ADDITION, BY COMPLETING THE FORM AND CLICKING THE "I ACCEPT" BUTTON, YOU REPRESENT THAT YOU ARE FAMILIAR WITH THE LAWS OF YOUR COMMUNITY AND THAT THE ADULT-ORIENTED MATERIALS ACCESSIBLE THROUGH THE SERVICE CAN BE DOWNLOADED AND VIEWED IN YOUR COMMUNITY.

Registration

Member hereby agrees that all of the information that he or she shall give as part of the registration process is true, accurate, current and complete as provided in the Form. Member is responsible for notifying Company via email if there has been any unauthorized use of his or her Membership information and/or password. It is Member's responsibility to protect his/her password and account information at all times.

Company has the right to terminate Member's account if it is discovered that any of the information provided by Member during the registration process is not current, accurate, complete and truthful information. Company also has the right, under the aforementioned conditions, to deny any and all current or future usage of the Service by Member.

Privacy For an explanation of our privacy policy related to the collection, use and storage of our Members' information, please read our Privacy Policy.

Member agrees to indemnify and hold Company and Service harmless for accessing and disclosure of information, including user names, if Company believes in good faith that such action is reasonably necessary to comply with applicable laws and lawful government requests, to operate its systems properly, or to protect itself, its users, or others. Member understands the nature of the Internet and that communications can be intercepted and agrees to hold Company harmless for any loss and/or damages associated with lost, misrouted or intercepted data.

External Links

The Service's Website may contain links to other Internet sites and Advertisers of the Service. Company is not responsible for the accessibility of these outside fora, their resources, content, products and/or services. Company is not responsible for (nor does it endorse) any of the content, advertising, products or services, or other materials available on such sites or at such locations. Under no circumstances shall Company be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by use of or reliance on any content, goods or services available on such sites or at such locations.

Termination

Any misuse of the Service, including resale of the Service or access to the Service, any breach of the Terms and Conditions of this Agreement will result in the immediate termination of your Service account.

Indemnification

Member agrees to indemnify and hold harmless the Company, and its parents, subsidiaries, agents, affiliates, employees, directors and officers from any liability, claim, loss, damage, demand or expenses (including attorney's fees) asserted by any third party due to, arising from, or in connection with, Member's usage or conduct associated with the Service.

Disclaimer of Warranties

MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESS, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS. COMPANY MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY ACCESS TO, INFORMATION OBTAINED THROUGH, THE SERVICE OR THAT DEFECTS IN THE NETWORK OR SOFTWARE WILL BE CORRECTED.

MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR THE SERVICE'S WEBSITE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

COMPANY MAKES NO WARRANTY ASSOCIATED WITH ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM COMPANY OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. EXCLUSIONS DO NOT APPLY WHERE PROHIBITED BY LAW.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, SHALL THE COMPANY OR SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

COMPANY IS NOT THE PUBLISHER OF THE ADULT CONTENT FOUND ON THE WEBSITES WHERE ITS COUNTER IS DISPLAYED AND, AS SUCH, SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, CRIMINAL AND/OR CIVIL LIABILITY, RESULTING FROM ANY CONTENT FOUND ON ANY PAGE WHERE ITS COUNTER IS DISPLAYED OR UTILIZED. MEMBER AGREES TO INDEMNIFY COMPANY FOR ANY AND ALL LIABILITY AND/OR DAMAGES ASSOCIATED WITH OR ARISING FROM MEMBER CONTENT.

MEMBER SPECIFICALLY AGREES THAT COMPANY IS NOT RESPONSIBLE OR LIABLE TO MEMBER OR ANY THIRD PARTY FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. IF YOU ARE DISSATISFIED WITH SERVICE AND/OR THE CONTENT AVAILABLE ON OR THROUGH THE SERVICE, OR WITH ANY OF COMPANY'S TERMS AND CONDITIONS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

Proprietary Rights

Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or any other material contained in either sponsor advertisements or commercially produced information presented to Member by the Service ("Content") by the Company or the Company's sponsors, is protected by copyright, trademark, patent and/or other proprietary rights and laws. Therefore, Member is only permitted to use this Content as expressly authorized by the Company or the sponsor, as applicable. Member may not copy, reproduce, distribute, alter or create derivative works from this Content without the express written authority of the Company or the sponsor, as applicable. The Company reserves the right to change the Content at any time in its sole discretion.

Advertisers

Member may enter into correspondence with or participate in promotions from advertisers who advertise their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the sponsor. The Company assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

Legal Warning

Any attempt by any individual, to damage, destroy, tamper with or vandalize the Service, or otherwise interfere with the operation of the Service is a violation of criminal and civil law and the Company will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law.

Governing Law

This Agreement, and all transactions contemplated hereby, shall be governed by, construed and enforced in accordance with the laws of the State of New Jersey. This Agreement and the rights of the parties hereto shall be governed and interpreted in all respects by the law applied to contracts made and wholly to be performed within the State of New Jersey, without giving effect to the conflict of laws and rules thereto. The parties' rights and remedies hereunder shall be cumulative, and the exercise of one or more shall not preclude the exercise of any other(s). Should a dispute arise concerning the terms and conditions of this Agreement, or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration in New Jersey, pursuant to the Commercial Arbitration rules then in effect with the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction.

Other Provisions

This Agreement constitutes the entire agreement between Company and Member. This Agreement supercedes any and all previous written and oral assertions, communications, and understandings between the parties.

The failure of Company to exercise or enforce any right or provision of the Terms and Conditions of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of this Agreement is found to be invalid or contrary to law, than such provision(s) shall be construed, as nearly as possible, to reflect the parties' intentions, and the other provisions of the Terms and Conditions of this Agreement shall remain in full force and effect.

The section titles in the Terms and Conditions of this Agreement are for convenience only and have no legal or contractual effect or significance.