You understand and agree that our website is provided “AS-IS” and that EVSUITE INC. assumes no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to our website. Nor does EVSUITE INC. assume any liability for the failure to store or maintain any user communications or personal settings.
3. Certain names, logos, and/or phrases on our website may constitute trademarks and/or copyrights of EVSUITE INC. or its clients. The mark “EVSUITE INC.’’ and the contents of this website are the sole property of EVSUITE INC. Reproduction in whole or in part is strictly prohibited without our express written permission.
All of the writing on our website is the copyrighted property of EVSUITE INC. and is protected as such. None of the material may be reproduced without our written permission, with the exception of downloading or printing a single copy for yourself. This copyright extends to original material of EVSUITE INC., any user-generated content, and any compilations of user-generated content, whether or not edited or filtered. The right to download and store or output the materials found on our website is granted for viewing use only. Materials may not be reproduced in any form. Any reproduction or editing by any means mechanical or electronic without explicit written permission is expressly prohibited.
We reserve the right to republish any material contributed by our users. By posting a message, a user expressly grants the right to EVSUITE INC. to republish or sell the message as part of any edited compilation. Material that is copyright protected may not be submitted without permission from the copyright owner. Since there are many thousands of possible sources spread out across the Internet, it is impossible for us to know if a posting represents a copyright infringement. Please remember you are responsible for the material you submit to our website, including taste, reliability, originality and copyright. Author(s) may be held legally responsible for copyright infringement, defamation or invasion of privacy, as well as any damages arising out of actions resulting from materials submitted by you and posted by us. You are responsible for ensuring that your message or posting does not violate any extant copyrights. If you believe that your copyrighted material has been posted to our website without permission, please contact us with “Copyrighted Material” in the subject line for assistance in its removal.
EVSUITE INC. will have a nonexclusive global license to publish, adapt and resell the content submitted by users and contributors within our website. These nonexclusive publishing license and resale/adaptation rights extend to any materials submitted “for publication” within our website, including both message board postings and content submitted to EVSUITE INC. for uploading and subsequent publishing within non-message board areas. EVSUITE INC. and our website’s staff are not and will not be responsible for any misleading, false, or otherwise injurious information and advice communicated in our website or for any results obtained from the use of such information or advice.
EVSUITE INC. will not be liable for any loss or damage suffered by a user through the user’s reliance on information and advice gained in these areas.
4. EVSUITE INC. cannot guarantee that all content and materials that appear on our website is not infringing on any registered or non-registered copyrights. On any given day, potentially thousands of new postings may appear on our website, and it is humanly impossible to verify that each and every one of these postings are free of copyright infringement.
5. Online behavior requires common sense and basic etiquette. Accordingly, here are some rules that you agree to follow, particularly in those areas of our website that permit user-generated content:
• No strong, vulgar, obscene, or otherwise harmful language.
• No racially, ethnically or otherwise, objectionable language.
• No harassing, intimidating, stalking, or threatening other community members.
• No libelous, defamatory, or otherwise tortious language.
• No online vandalism. This includes using abusive language and repeatedly hitting the return key in a chat room, or otherwise acting in a manner that negatively impacts the ability to engage in real time exchanges.
• No impersonating any person, including, but not limited to, other community members or employees.
• No posting, distributing, transmitting, or promoting illegal content. No invasion of another’s privacy.
• No actions that are harmful to minors.
• No manipulation or forging of identifiers in order to disguise the origin of any information posted on our website or otherwise provided to EVSUITE INC. or its employees.
• No posting, providing, transmitting, or otherwise making available any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law.
• No posting, providing, transmitting, or otherwise making available any junk mail or spam.
• No posting, uploading, emailing, or otherwise transmitting any material that contains any malicious computer code (including spyware, worms, Trojan horses, viruses, etc.).
• No posting, providing, transmitting, or otherwise making available any information which violates regulations promulgated by the Securities and Exchange Commission, or that of any securities exchange, such as The New York Stock Exchange.
• No collecting, storing, or posting of personal data about or of other community members.
• No soliciting of any kind in user forums.
6. Content from our website, including but not limited to any user information such as names, email addresses, or other contact information, may not be taken from the website and used for any purpose. Names, email addresses and other contact information from member profile information or the pages and postings on this site may not be used by outside vendors or other third parties for purposes of solicitation. Unsolicited emails to our members or to our clients may constitute misrepresentation, misappropriation of our business name and reputation, unfair competition, and may also violate laws that prohibit unsolicited email, for which EVSUITE INC. shall be entitled to take appropriate legal action including seeking injunctive relief, an accounting of profits, damages, legal fees and costs.
7. We reserve the right from time to time to make modifications and changes to our website. These modifications and changes may include, but are not limited to, discontinuing, temporarily or permanently, any service offered by, or through our website (or any part thereof) with or without notice. You agree that EVSUITE INC. shall not be liable to you or to any other party for any changes and modifications to our website.
9. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THE SERVICES PROVIDED IN OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EVSUITE INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EVSUITE INC. MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET ANY OF YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE IN OUR WEBSITE WILL BE USEFUL, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OFFERED IN OUR WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE OPERATION OF AREA INCLUDING THE OPERATION OF ANY SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE IN OUR WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (OR ANY COMPONENT CONNECTED TO YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
10. YOU EXPRESSLY UNDERSTAND AND AGREE THAT EVSUITE INC. SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL AND REPUTATION, OR OTHER INTANGIBLE LOSSES. THIS LIMITATION ON LIABILITY APPLIES EVEN IF EVSUITE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that your member account is non-transferable and any rights to your account or contents within your account terminate upon your death.