Effective Date: May 1, 2019
Notice Version: 1.0
e-Ventus Corporation Legal
Department 1350 Euclid Avenue,
Suite 625 Cleveland, OH 44115
You must be at least eighteen (18) years of age to access, use, or visit the Website, and by doing so, you represent and warrant to us that you are at least eighteen (18) years of age. If you are not at least eighteen years of age, please STOP and DO NOT access, use, or visit the Website.
e-Ventus reserves the right to change these Terms at any time. By continuing to use, access, or visit the Website after changes to these Terms have been made, you indicate your acceptance of and agreement to all such changes.
These Terms apply to all users of the Website, including without limitation Users who may purchase Products or Services from e-Ventus, or who may also be contributors of Content, information, or other materials to the Website. The Website includes, but is not limited to, all content, artwork, photos, text, music, audio, videos, data, software, and code, as well as all Products and Services offered or sold via the Website.
A. “e-Ventus”, “us”, “we”, “our”, and “Our Company” refer to e-Ventus Corporation, the owner of the Website.
B. A “Visitor” is someone who merely visits or browses our Website.
C. A “Member” is someone who has registered with our Website to obtain or use our Products, Services, information or submits a request for information.
D. A “User” is either a Visitor or a Member.
E. A “Product” or a “Service” refers to any products or services that we sell or give away.
F. “Content” refers to all text, artwork, photos, graphics, designs, music, audio, video, data, software, code, and information found on or offered through our Website or Services, whether produced or provided by us, our Members, or a third party.
G. “Member Content” is Content that has been posted or provided by Members.
H. Any capitalized words not defined herein are to be given the same definitions they are given elsewhere on our Website.
We provide the Website to you solely for informational purposes, and we hereby grant you permission to access, visit, and use the Website as set forth in these Terms, provided that:
A. You agree not to distribute in any medium the Website or any part of it.
B. You agree not to alter or modify the Website or any part of it.
C. You agree not to access any Content through any technology or means other than through the tools provided on the Website itself or other explicitly authorized means that we may designate.
D. You agree not to use the Website for any commercial use other than purchase of Products or Services from us, or to obtain information from us. Prohibited commercial uses include without limitation the following:
E. You agree not to tamper with the Website in a manner that would in any way adversely affect its performance.
G. In your use of the Website, the Content, the Services, and any software provided therein or therewith, you will comply with these Terms, as well as all applicable federal, state, local, and international laws, statutes, ordinances, and regulations.
H. e-Ventus reserves the right, at our sole discretion, to discontinue the Website or any aspect of it at any time, or to block or suspend any User or account.
I. Without limiting the foregoing, e-Ventus has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user of the Website. YOU WAIVE AND HOLD HARMLESS E-VENTUS CORPORATION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ANY LAW ENFORCEMENT INVESTIGATION OR COURT ORDER.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Website.
A. All content on the Website, including without limitation the text, artwork, photos, music, audio, videos, data, software, code, scripts, graphics, images, designs, sounds, interactive features, information, and similar (“Content”), and the trademarks, service marks, and logos contained on the Website (“Marks”), are owned by or licensed to e- Ventus, and are protected by copyright law, trademark law, and other applicable intellectual property laws.
B. Your use of or access to the Website does not grant you any ownership or use rights in any of the Marks, and you shall not make any use of any Mark without the prior written consent of its respective owner.
C. All Content on the Website is provided to you on an as-is basis, and is for your informational, personal, and non-commercial use only. e-Ventus hereby grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website, Content and Services solely as provided herein and strictly in accordance with these Terms. Website Content may not be altered, modified, copied, reproduced, transmitted, re-transmitted, distributed, disseminated, sold, published, broadcast, downloaded, displayed, licensed, circulated, or otherwise exploited for any purpose whatsoever without the prior written consent of the respective owner(s) of such Content. Your use of or access to the Website does not grant you any ownership or use rights in or to any of the Content except as specifically set forth in this Section 3.C. No print-out or electronic version of any part of our Website, Content, or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances. e-Ventus reserves all rights in and to the Website and Content not expressly granted herein.
D. You may access Content only as permitted under these Terms.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including without limitation any use, copying, or distribution of the Content through the Website for any commercial purpose.
F. You agree not to circumvent, disable, or otherwise interfere with (i) any security-related features of the Website, or (ii) any features that prevent or restrict use or copying of any of the Content, or (iii) any features that enforce limitations on use of the Website or the Content therein.
Certain areas of the Website may require registration or may otherwise ask you to provide information in order to participate in certain features or access certain Content. If you elect not to provide such information, you may not be able to access certain Content or participate in certain features of the Website.
If the Website requires you to register or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a username. It is entirely your responsibility to maintain the confidentiality of your username, password, and account. Additionally, you are entirely responsible for any activities that occur under your account. You agree to notify e- Ventus immediately of any unauthorized use of your account by contacting us at the contact information listed at the top of these Terms. You further agree not to email, post, or otherwise disseminate any username, password, or other information that provides you access to the Website. e-Ventus has no responsibility for maintaining the confidentiality of your username or password, and is not liable for any loss that you may incur as a result of someone else using your username, password, or account, either with or without your knowledge.
e-Ventus always welcomes consumer feedback and appreciates your interest in sharing your thoughts with us. However, it is our policy not to accept or consider unsolicited ideas from outside our company, including without limitation ideas for new or improved products, packaging, technologies, services, product or service names, promotion, or marketing strategies.
Should you submit an idea to us via the Website in spite of our policy, we will treat the information as non-confidential and non-proprietary and we will be free to use the information for any purpose. We will not be obligated to return or acknowledge receipt of your submitted information, or to provide to you or any other party any payment or other consideration therefor. Without limiting the foregoing, all posts, remarks, suggestions, ideas, graphics, or other information that you communicate to us through the Website (including but not limited to any messages on bulletin boards, through email, or by other means) becomes and remains our property. Accordingly, you agree that (a) we will not treat any such submission as confidential; (b) you cannot and will not sue us or initiate any action against us for using the ideas you submit; (c) we do not have to pay you or anyone else if we use your submission or anything similar; and (d) we will have exclusive ownership of all present and future rights to submissions of any kind, and that we can use them for any purpose without compensating you or anyone else for them.
You agree that you will not submit to the Website any Member Content: (i) that is copyrighted; or (ii) that is protected by trade secret; or (iii) that is otherwise subject to proprietary rights, including without limitation copyrights, trademark rights, patent rights, and/or privacy or publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post and use the material and to grant to us all of the rights thereto as granted herein. You hereby represent and warrant to e-Ventus that rights to any Member Content you submit to the Website are either owned by you, or that permission for your submission has been obtained from the rightful owner of such materials. In addition, you agree that you will not submit Member Content that is fraudulent, slanderous, defamatory, discriminatory, pornographic, obscene, or threatening.
e-Ventus does not endorse any Member Content you submit and we expressly disclaim all liability in connection therewith. We do not permit infringement of copyrights, patents, trademarks, or other intellectual property rights on the Website, and we will remove all infringing Member Content if properly notified that such Member Content or user submission infringes on another’s intellectual property rights, as set forth in our Digital Millennium Copyright Act Notice, located at the above Company URL’s, and incorporated herein by reference. We further reserve the right to remove any Member Content or user submissions at our sole discretion for any reason whatsoever and without prior notice. e-Ventus reserves the right, at its sole discretion, to decide whether Member Content or a user submission is appropriate and complies with these Terms. Further, we may in our sole discretion remove any member Content or other user submissions or take any other preventative measures we feel to be appropriate, including without limitation terminating or blocking access to the Website and/or suspending or deactivating Member accounts, without prior notice and at our sole discretion, if we determine that submitted material is in violation of these Terms.
Our Website publishes Content supplied by third parties, including without limitation, Users, Advertisers, Merchants, and Sponsors. Our Company has no editorial control over such third- party Content, including without limitation Member Content. Any opinions or other information expressed or provided by third parties, including without limitation Users, are solely those of their respective owners or authors, and not those of Our Company. Our Company does not guarantee the accuracy, completeness, merchantability, fitness for a particular purpose, or legality of any such content provided by third parties, including without limitation Member Content. Content provided by third parties is not intended to malign or disparage anyone or anything. We shall not be liable in any manner for any third-party Content, including without limitation Member Content, posted on our Website or in connection with our Services, including without limitation Content or Member Content that may be offensive, inappropriate, obscene, discriminatory, unlawful, defamatory, slanderous, threatening, or otherwise objectionable.
Further, you understand and acknowledge that we do not operate or control the products or services offered by third-party Merchants. These Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and any Merchant. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US.
The materials published on the Website are intended to promote our Products and Services available in the United States. No representation is made or intended that the Products or Services described on the Website are available either outside the United States or in all parts of the United States.
All matters relating to the Website are governed by the laws of the State of Ohio and the United States of America, as applicable. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information to the Website, you explicitly authorize such transfer.
The Website is provided to you by e-Ventus, free of charge, on an AS-IS basis. The Website and all Content therein – including without limitation all Products, Services, instructions, information, materials, suggestions, advice, tips, third-party materials and submissions, and Member Content – are provided “AS IS”, with no warranties whatsoever. All express, implied, and statutory warranties, including without limitation warranties of title, merchantability, fitness for a particular purpose, non-infringement, accuracy and completeness, quiet enjoyment, and quiet possession, are hereby disclaimed to the fullest extent permitted by law. Further, e-Ventus makes no warranties or representations about the accuracy, reliability, or completeness of the Website, its Content (including without limitation third-party submissions and Member Content), or the content of any site to which the Website links. You hereby further acknowledge and agree that (i) nothing contained in our Website, Content, Products, or Services constitutes business, financial, investment, legal, and/or other professional advice; (ii) nothing contained in our Website, Content, Products, or Services should be taken or relied upon as business, financial, investment, legal, or other professional advice; and (iii) no professional relationship of any kind is created between you and us.
The Website and the Content may contain errors or defects, and the Website may be subject to periods of interruption and inaccessibility. We do not guarantee and do not promise any specific results from the use of our Website or Services, including without limitation any related software. We do not represent or warrant that the Website, Content, or Services will be correct, complete, accurate, timely, up-to-date, reliable, error-free, or free of viruses or other harmful components. All liability for any damages caused by viruses or other harmful components is specifically disclaimed. While e-Ventus does its best to maintain the availability and accuracy of the Website and Content, neither e-Ventus nor its officers, directors, affiliates, employees, suppliers, agents, representatives, licensees, licensors, assigns, or successors, shall be liable to you or anyone else for any loss or injury, including without limitation lost profits, or any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, or any damages whatsoever, arising or resulting from these Terms or your use or access of the Website, the Content, the Products, or the Services (including without limitation related software), including without limitation the following, whether based in warranty, contract, tort, or any other legal theory, and even if we have been advised of the possibility of such damages:
You specifically acknowledge and agree that e-Ventus, and its officers, directors, affiliates, agents, employees, suppliers, representatives, licensees, licensors, assigns, and successors, shall not be liable to you or anyone else for any damage, injury, or loss resulting from user submissions (including without limitation Member Content) to the Website, or any infringing, defamatory, slanderous, offensive, discriminatory, fraudulent, or illegal material or conduct of any third party.
You hereby waive all claims against e-Ventus and its officers, directors, affiliates, employees, suppliers, agents, representatives, licensees, licensors, assigns, and successors that may arise out of your use of the Website, the Content, the Products, and the Services. By using the Website, you acknowledge and agree that your use is at your own risk, and you knowingly assume any and all risk associated therewith. NOTWITHSTANDING ANY DAMAGES THE USER MAY INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL OTHER DAMAGES), THE ENTIRE LIABILITY OF OUR COMPANY AND ANY OF ITS OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, SUPPLIERS, AGENTS, REPRESENTATIVES, LICENSEES, LICENSORS, ASSIGNS, AND SUCCESSORS SHALL BE LIMITED TO YOUR CESSATION OF USE OF THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE WEBSITE.
You understand and acknowledge that our Website, Content, and Services would not be provided without the limitation of liability as set forth in this Section 10. Thus, no advice or information, whether oral or written, obtain by you from us will create any warranty, representation, or guarantee that is not expressly stated herein.
You agree to defend, indemnify, and hold harmless e-Ventus, and its officers, directors, affiliates, employees, agents, representatives, licensees, licensors, assigns, and successors, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website, the Content, or the Services (and any related software); (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark right, other intellectual property right, or any privacy or publicity right; or (iv) any claim that one of your submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Website.
You affirm, represent, and warrant that you are eighteen (18) years old or older, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. Further, you acknowledge and agree that the Website is not directed or targeted to, or intended for use by, children under 13. If you are under 13 years of age, please DO NOT access, visit, or use the Website.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by e-Ventus without restriction.
A. Construction and interpretation of these Terms shall be governed by the substantive
laws of the State of Ohio, without respect to its conflict of laws principles.
B. Any legal controversy or claim arising from or relating to these Terms, or the Website or Services – excluding any legal action taken by us to collect or recover damages for or to obtain any injunction relating to Website operations, intellectual property, or our Services – will be settled solely and finally by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. Such arbitration will be conducted in Cleveland, Ohio, by an arbitrator or arbitrators to be selected jointly and mutually by the Parties, and judgement on the arbitration award may be entered into any court having jurisdiction thereupon. Either Party may seek any interim or preliminary relief from a court of competent jurisdiction in Cleveland, Ohio, if necessary to protect such Party’s rights or property pending the completion of arbitration. Each Party will bear half of the arbitration fees and costs.
C. The Website shall be deemed solely based in Ohio, and the Website shall be deemed a passive website that, except as expressly set forth in our Digital Millennium Copyright Act Policy, does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Ohio. Except as expressly set forth in our Digital Millennium Copyright Act Policy, any claim or dispute between you and us that does not require arbitration as set forth in Section 14.B shall be brought exclusively in a court of competent jurisdiction located in Cuyahoga County, Ohio. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
E. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
F. No waiver of any term of this these Terms by us shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision or any other right or provision hereunder.
G. Neither these Terms, nor your use of or access to the Website or the Content or the Services, creates any partnership, agency relationship, joint venture relationship, employee-employer relationship, or franchisee-franchisor relationship between you and e-Ventus.
H. We reserve the right to amend these Terms at any time at our sole discretion and without notice, and it is your responsibility to review these Terms for any changes. Your access to and use of the Website following any amendment to these Terms will signify your assent to and acceptance of such revised terms.
Copyright © e-Ventus Corporation 2019. This Terms and Conditions notice is protected under the United States Copyright Laws and the Copyright Laws of foreign countries. Neither this document nor any portion of it may be copied or duplicated without permission.