Modifications and Amendments. EnviroNova.com reserves the right to modify or discontinue, temporarily or permanently, the Sites or the Service for any reason, at its sole discretion, with or without notice to You. EnviroNova.com likewise may change the terms and conditions of the Terms from time to time with or without notice to You. You agree to review the Terms periodically to ensure that You are aware of any modifications. Your continued access or use of the Sites after the modifications have become effective shall be deemed Your conclusive acceptance of the modified Terms.
User Name and Password. When registering or completing and submitting a profile or application on any of the Sites, You will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of Your user name and password and for any and all activities that occur under Your password or account. You agree to immediately notify EnviroNova.com of any unauthorized use of Your account, user name or password or any other breach of security known to You. You may not use the account, username, or password of someone else at any time. EnviroNova.com shall not be liable for any loss that You incur as a result of someone else using Your user name or password, either with or without Your knowledge. You may be held liable for any losses incurred by EnviroNova.com, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account, user name or password.
Use of Software. EnviroNova.com may make certain software available to You from the Sites. If You download software from the Sites, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to You by EnviroNova.com, for Your personal, noncommercial, home use only. EnviroNova.com does not transfer either the title or the intellectual property rights to the Software, and EnviroNova.com retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may You decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by EnviroNova.com or its licensors and You may not copy or use them in any manner.
WARRANTY DISCLAIMER. ENVIRONOVA.COM HEREBY DISCLAIMS ALL WARRANTIES. ENVIRONOVA.COM IS PROVIDING THE SITES AND THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITES OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EnviroNova.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITES AND THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ENVIRONOVA.COM DOES NOT WARRANT (I) THAT THE SITES OR THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THAT THE OPERATION OF THE SITES OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (III) THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SERVICE OR (IV) THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. EnviroNova.com disclaims any warranty that the Sites and the Service (or any information or software contained therein) are free of viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. EnviroNova.com assumes no responsibility for the deletion or failure to store or transmit any data or other information provided by You in connection with the Service.
Ownership. The contents of the Sites and the Service, including their "look and feel" (e.g., text, graphics, images, logos, and button icons), editorial content, notices, software (including html-based computer programs), and other material and the compilation of all such content on the Sites are protected under both United States and foreign copyright, patent, trademark, and other laws. Such contents, the Sites and the Service and all rights therein are, and shall at all times remain, the sole and exclusive property of EnviroNova.com or its affiliates and/or their respective licensors. The information and materials contained in the Sites or the Service may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, supplemented, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of EnviroNova.com. The Sites and the Service are proprietary and confidential to EnviroNova.com, and You agree to use the Sites and Service solely for Your internal business purposes. You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purposes, the Sites or Service or use of or access to the Sites or Service or any information or technology obtained from the Sites, or assist or permit any third party to do so. You agree that You will not use any robot, spider, other automatic device, or manual process to monitor or copy pages of the Sites or the content contained therein. You agree that You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or Service or any transaction being conducted on the Sites.
Compliance with Laws. You agree to comply with by all applicable local, state, national, and international laws and regulations, and any rules or policies that may be published from time to time by EnviroNova.com, in Your use of the Sites and the Service. The Sites and the Service are available only to individuals who are permitted to use them under applicable law. If You do not qualify, You may not use the Sites or the Service. You agree to be solely responsible for Your actions and the contents of Your transmissions through the Sites and Service. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent Your identity or affiliation with a person or entity.
Violations. You agree that EnviroNova.com may terminate Your password, account, or use of the Sites or the Service in its sole discretion for any reason. To ensure that EnviroNova.com provides a high quality experience for You and for other users of the Sites and the Service, You agree that EnviroNova.com or its representatives may access Your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Sites or the Service. EnviroNova.com does not intend to disclose the existence or occurrence of such an investigation unless required by law, but EnviroNova.com reserves the right to terminate Your account or Your access to the Sites or Services immediately, with or without notice to You, and without liability to You, if EnviroNova.com believes that You have violated any of these Terms, submitted or otherwise furnished EnviroNova.com with false or misleading information, or interfered with use of the Sites or the Service by others.
LIMITED LIABILITY. ENVIRONOVA.COM’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ENVIRONOVA.COM BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY ENVIRONOVA.COM. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action, and includes but is not limited to any liability associated with any viruses which may infect Your computer equipment. Calculators and tools contained on the Sites or in the Service provide You with estimates that may be different than actual amounts. Notwithstanding the foregoing, because some jurisdictions do not allow for the exclusion or limitation of liability to the full extent described above, some of these exclusions may not apply to You. If these limitations or exclusions are held to be invalid or unenforceable for any reason, the maximum collective liability of EnviroNova.com, its officers, directors, employees, and agents, if any, for losses or damages shall not exceed $100. In no event shall EnviroNova.com, its officers, directors, employees, and agents be liable to You for any losses or damages greater than the amount referred to above.
Affiliated Sites and Links. On the Sites, You will find content, functions, information, and tools, including those provided by third parties that are not the property of EnviroNova.com. On the Sites You may also find links that will transfer You to the websites of organizations that can provide You with value-added information and/or functionality. By linking to these websites, EnviroNova.com does not represent or imply that there is any business relationship between the two entities. Furthermore, EnviroNova.com strives to keep these links as current and accurate as possible, but it cannot guarantee and expressly does not warrant that such links point to the intended third party site. Links to and from these sites do not constitute an endorsement by EnviroNova.com. EnviroNova.com has no control over, and no liability for any third party websites or materials, including those of partners and affiliates whose Internet sites may be linked with the Sites. Because neither EnviroNova.com nor the Sites have control over the content and performance of these partner and affiliate sites, EnviroNova.com makes no guaranty and does not warrant the accuracy, currency, content, or quality of the information provided by such sites or that such sites are error-free or that Your access will be uninterrupted or that material accessible from the Sites is free of viruses. In addition, EnviroNova.com assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with Your use of the Sites, You may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that EnviroNova.com makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms shall govern Your use of any and all third party content.
Prohibited Uses. EnviroNova.com imposes certain restrictions on Your permissible use of the Sites and the Service. You shall use the Sites and the Service only for the purposes authorized by EnviroNova.com. You may not use the Sites or the Service in violation of any applicable laws or regulations or in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others. You are prohibited from violating or attempting to violate any security features of the Sites or Service, including, without limitation, (a) accessing content or data not intended for You, or logging onto a server or account that You are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Sites, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (d) using the Sites or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by EnviroNova.com in providing the Sites or Service. Any violation of system or network security may subject You to civil and/or criminal liability.
Indemnity. You agree to indemnify, defend, and hold harmless EnviroNova.com and its related companies, and their respective directors, officers, employees, and agents, from and against all losses, expenses, damages, and costs, including reasonable attorney fees, arising out of or relating to (i) access to or use of the Sites or the Service by You or any other person accessing the Sites or the Service using Your user name and password, (ii) Your violation of these Terms. EnviroNova will notify You promptly of any such claim, loss, liability, or demand, and will provide You with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.
Copyright. All contents of Sites or Service are: Copyright © 2007 EnviroNova. All rights reserved.
No License. Nothing contained on the Site should be understood as granting You a license to use any of the trademarks, service marks, or logos owned by EnviroNova.com or by any third party.
Miscellaneous. You represent and warrant that You possess the legal right and ability to enter into these Terms and to use the Sites and the Service in accordance with these Terms. EnviroNova.com makes no claim that the Sites or the Service may be lawfully viewed or accessed outside of the United States. Together with any other written contract, these Terms comprise the entire agreement between You and Company and supersedes all prior agreements between the parties regarding the subject matter contained herein. These Terms shall be governed in all respects by the substantive laws of the state of California, without regard to its provisions relating to conflict of laws. You and EnviroNova.com agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within the County of San Diego, California. The failure of EnviroNova.com to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect. In no event shall EnviroNova.com be liable for damages caused by third parties not under its control or by other causes beyond its reasonable control, including, but not limited to, damages caused by third party telecommunications service providers. You agree not to assign or transfer any of your rights or obligations under these Terms. You agree that regardless of any statute, regulation, or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.