MyEnvera Terms of Use (v1)

TERMS AND CONDITIONS

Welcome to MyEnvera.com.  Hidden Eyes, LLC d/b/a Envera Systems (herein referred to as “us”, “we”, or “Envera”) operates this Site to provide online access to client accounts and information. By accessing and using this Site, You agree to each of the terms and conditions set forth herein (“Terms of Use”). These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement.”

Envera reserves the right to modify this Agreement at any time without giving You prior notice. Your use of the Site following any such modification constitutes Your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

1. Use of Site

You may use this Site, and the information, writings, images and/or other works that You see, hear or otherwise experience on this Site (singly or collectively, the “Content”) solely for Your non-commercial, personal purposes to monitor Your account with Envera and/or to update/modify Your account information. No right, title or interest in any Content is transferred to You, whether as a result of downloading such Content or otherwise. Except as expressly authorized by this Agreement, You may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from this Site, except as expressly permitted by the Terms of Use.

2. User Conduct

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for You. You agree not to use the Site in any manner that might interfere with the rights of third parties.

3. Prohibited Uses

You are solely responsible for any and all acts and omissions that occur under Your account or password, and You agree not to engage in unacceptable use of the Site, which includes, without limitation, use of the Site to: (a) disseminate, store or transmit unsolicited messages, chain letters or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate, store or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Site or any other computer network; (g) disseminate, store or transmit viruses, Trojan horses or any other malicious code or program; or (h) engage in any other activity deemed by Envera to be in conflict with the spirit or intent of this Agreement.

4. Privacy

Envera understands that this Site will be used by its users to supply personal information to revise, update, or modify the users’ account information with Envera.  When reasonably practicable, Envera will attempt to respect Your privacy.  Envera will not monitor, edit, or disclose any personal information about You or Your account, including its contents or Your use of the Site, without Your prior consent unless Envera has a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of Envera; (iii) enforce this Agreement; (iv) protect the interests of users of the Site other than You or any other person; or (v) operate or conduct maintenance and repair of Envera’s services or equipment, including the Site as authorized by law.  You acknowledge that You have no expectation of privacy with respect to the Internet generally.

5. Copyright

The Site and all of its Content, including in compilations, are protected by U.S. copyright laws, and belong to Envera or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Envera or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. You may not manipulate or alter in any way images or other Content on the Site.

6. Trademarks

“Envera”, “MyEnvera”, “Envera Systems” and other names and/or marks found on this Site are either trademarks, trade names or service marks of Envera and its licensors, or are the property of their respective owners.  These marks may not be copied, imitated or used, in whole or in part, without the express prior written permission of Envera.  In addition, page headers, custom graphics, button icons, and scripts may be service marks, trademarks, and/or trade dress of Envera, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Envera.

7. Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK.  ENVERA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT. ENVERA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE CONTENT, AND ANY SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. ENVERA DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. ENVERA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

ENVERA FURTHER DISCLAIMS ANY RESPONSIBILITY TO MONITOR OR CONFIRM THE ACCURACY OF ANY INFORMATION SUPPLIED BY YOU.

8. Limitation of Liability

IN NO EVENT WILL ENVERA BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, (II) ANY ACCOUNT MODIFICATIONS CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT, EVEN IF ENVERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

9. Indemnification

You understand and agree that You are personally responsible for Your behavior on the Site. You agree to indemnify, defend and hold harmless Envera, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Site from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of Your use, misuse, or inability to use the Site or the Content, or any violation by You of this Agreement.

10. Password Security

If You register for login access to MyEnvera.com, You are responsible for maintaining the confidentiality of Your login identification and password information, and for restricting access to Your computer. You agree to accept responsibility for all activities that occur under Your member identification and password. 

11. General Provisions

a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Envera of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Envera therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

c. Enforcement/Choice of Law/Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, Envera’s Privacy Policy, Your use of the Site, any other Envera web site or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Florida, without regard to any conflict of laws provisions. The Courts of Florida shall have exclusive jurisdiction for all disputes pertaining to this Agreement and/or the Site and You hereby consent to the exercise of jurisdiction by the Courts of Florida.

d. Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Envera’s Designated Agent – Crystal Clark at info@everasystems.com.

© Copyright 2012 Hidden Eyes, LLC. All rights reserved.

Date of Last Modification: November 2, 2012