LEGAL NOTICES
TERMS AND CONDITIONS OF USE
PLEASE
READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
This Web site is
provided by Envision Utility Software, Inc. ("ENVISION") and may be
used for informational purposes only. By using the site or downloading materials
from the site, you agree to abide by the terms and conditions set forth in this
notice. If you do not agree to abide by these terms and conditions do not use
the site or download materials from the site.
LIMITED LICENSE
Subject
to the terms and conditions set forth in this Agreement, ENVISION grants you a
non-exclusive, non-transferable, limited right to access, use and display this
site and the materials thereon. You agree not to interrupt or attempt to interrupt
the operation of the site in any way.
ENVISION authorizes you to view and
download the information ("Materials") at this Web site ("Site")
only for your personal, non-commercial use. This authorization is not a transfer
of title in the Materials and copies of the Materials and is subject to the following
restrictions: 1) you must retain, on all copies of the Materials downloaded, all
copyright and other proprietary notices contained in the Materials; 2) you may
not modify the Materials in any way or reproduce or publicly display, perform,
or distribute or otherwise use them for any public or commercial purpose; and
3) you must not transfer the Materials to any other person unless you give them
notice of, and they agree to accept, the obligations arising under these terms
and conditions of use. You agree to abide by all additional restrictions displayed
on the Site as it may be updated from time to time. This Site, including all Materials,
is copyrighted and protected by U.S. copyright laws. You agree to comply with
all copyright laws in your use of this Site and to prevent any unauthorized copying
of the Materials. Except as expressly provided herein, ENVISION does not grant
any express or implied right to you under any patents, trademarks, copyrights
or trade secret information.
DISCLAIMER
THE MATERIALS MAY CONTAIN INACCURACIES
AND TYPOGRAPHICAL ERRORS. ENVISION DOES NOT WARRANT THE ACCURACY OR COMPLETENESS
OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER
INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY
RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL
BE AT YOUR SOLE RISK. ENVISION RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO
CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. ENVISION MAY MAKE
ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES
OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS
SITE, THE INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED "AS IS"
WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS
FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
THIRD
PARTY SITES
As a convenience to you, ENVISION may provide, on this Site,
links to Web sites operated by other entities. If you use these sites, you will
leave this Site. If you decide to visit any linked site, you do so at your own
risk and it is your responsibility to take all protective measures to guard against
viruses or other destructive elements. ENVISION makes no warranty or representation
regarding, and does not endorse, any linked Web sites or the information appearing
thereon or any of the products or services described thereon. Links do not imply
that ENVISION or this Site sponsors, endorses, is affiliated or associated with,
or is legally authorized to use any trademark, trade name, logo or copyright symbol
displayed in or accessible through the links, or that any linked site is authorized
to use any trademark, trade name, logo or copyright symbol of ENVISION or any
of its affiliates or subsidiaries.
INFORMATION PROVIDED BY YOU
ENVISION
does not want you to, and you should not, send any confidential or proprietary
information to ENVISION via the Site. You agree that any information or materials
that you or individuals acting on your behalf provide to ENVISION will not be
considered confidential or proprietary. By providing any such information or materials
to ENVISION, you grant to ENVISION an unrestricted, irrevocable, worldwide, royalty-free
license to use, reproduce, display, publicly perform, transmit and distribute
such information and materials, and you further agree that ENVISION is free to
use any ideas, concepts or know-how that you or individuals acting on your behalf
provide to ENVISION. You further recognize that ENVISION does not want you to,
and you warrant that you shall not, provide any information or materials to ENVISION
that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or
that incorporates the proprietary material of another.
LIMITATIONS OF DAMAGES
IN
NO EVENT SHALL ENVISION OR ANY OF ITS AFFILIATES OR SUBSIDIARIES BE LIABLE TO
ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING,
WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION
OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED
TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS
OF THE SITE OR ANY LINKED WEBSITE, EVEN IF ENVISION IS EXPRESSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION/WAIVER OF CERTAIN RIGHTS
You
agree to defend, indemnify and hold harmless ENVISION, its officers, directors,
employees and agents from and against any and all claims, liabilities, damages,
losses or expenses, including reasonable attorneys' fees and costs, arising out
of or in any way connected with your access to or use of the Site.
CHANGES
ENVISION
reserves the right, at its sole discretion, to change, modify, add or remove any
portion of this Agreement in whole or in part, at any time. Changes in this Agreement
will be effective when notice of such change is posted. Your continued use of
the Site after any changes to this Agreement are posted will be considered acceptance
of those changes.
ENVISION may terminate, change, suspend or discontinue
any aspect of the ENVISION Site, including the availability of any features of
the Site, at any time. ENVISION may also impose limits on certain features and
services or restrict your access to parts or all of the Site without notice or
liability. ENVISION may terminate the authorization, rights and license given
above and, upon such termination, you shall immediately destroy all Materials.
INTERNATIONAL USERS AND CHOICE OF LAW
This Site is controlled,
operated and administered by ENVISION from its offices within the United States
of America. ENVISION makes no representation that materials at this site are appropriate
or available for use at other locations outside of the United States and access
to them from territories where their contents are illegal is prohibited. You may
not use the Site or export the Materials in violation of U. S. export laws and
regulations. If you access this Site from a location outside of the United States,
you are responsible for compliance with all local laws. These Terms and Conditions
of use shall be governed by the laws of the State of New Mexico, without giving
effect to its conflict of laws provisions.
This Agreement constitutes the
entire agreement between ENVISION and you with respect to your use of the Site.
Any cause of action you may have with respect to your use of the Site must be
commenced within one (1) year after the claim or cause of action arises. If for
any reason a court of competent jurisdiction finds any provision of the Agreement
or portion thereof, to be unenforceable, that provision shall be enforced to the
maximum extent permissible so as to effect the intent of the Agreement, and the
remainder of this Agreement shall continue in full force and effect.