The following terms and conditions govern all use of the EnvKey Application, other EnvKey services, and all content, services and products available at or through the envkey.com website (taken together, the Service). The Service is owned and operated by Envkey Inc. The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Envkey Inc. (collectively, the 'Agreement').
Please read this Agreement carefully before accessing or using the EnvKey Application or EnvKey services. By accessing or using any part of the EnvKey Application or EnvKey services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the EnvKey Application or use any services. If these terms and conditions are considered an offer by Envkey Inc., acceptance is expressly limited to these terms.
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Envkey Inc. may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Envkey Inc. liability. You must immediately notify Envkey Inc. of any unauthorized uses of your account or any other breaches of security. Envkey Inc. will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Without limiting any of those representations or warranties, Envkey Inc. has the right (though not the obligation) to, in Envkey Inc.'s sole discretion (i) refuse or remove any content that, in Envkey Inc.'s reasonable opinion, violates any Envkey Inc. policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Envkey Inc.'s sole discretion. Envkey Inc. will have no obligation to provide a refund of any amounts previously paid.
Envkey Inc. has not reviewed, and cannot review, all of the material uploaded by users to the Service, and cannot therefore be responsible for that material's content, use or effects. By operating the Service, Envkey Inc. does not represent or imply that it endorses the material there uploaded, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Envkey Inc. disclaims any responsibility for any harm resulting from the use by users of the Service, or from any downloading by those users of content there uploaded.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which envkey.com links, and that link to envkey.com. Envkey Inc. does not have any control over those non-envkey.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-envkey.com website or webpage, Envkey Inc. does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Envkey Inc. disclaims any responsibility for any harm resulting from your use of non-Envkey Inc. websites and webpages.
As Envkey Inc. asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by envkey.com violates your copyright, you are encouraged to notify Envkey Inc. in accordance with Envkey Inc.'s Digital Millennium Copyright Act ('DMCA') Policy. Envkey Inc. will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Envkey Inc. or others, Envkey Inc. may, in its discretion, terminate or deny access to and use of the Service. In the case of such termination, Envkey Inc. will have no obligation to provide a refund of any amounts previously paid to Envkey Inc.
This Agreement does not transfer from Envkey Inc. to you any Envkey Inc. or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Envkey Inc. Envkey Inc., EnvKey, envkey.com, and all other trademarks, service marks, graphics and logos used in connection with envkey.com, or the Service are trademarks or registered trademarks of Envkey Inc. or Envkey Inc.'s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Envkey Inc. or third-party trademarks.
Envkey Inc. reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Envkey Inc. may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Envkey Inc. may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Service. Notwithstanding the foregoing, if you have a Service account, such account can only be terminated by Envkey Inc. if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Envkey Inc.'s notice to you thereof; provided that, Envkey Inc. can terminate the Service immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Service is provided 'as is'. Envkey Inc. and its suppliers, licensors and affiliate companies hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Envkey Inc. nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
In no event will Envkey Inc., or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to Envkey Inc. under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. Envkey Inc. shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that (i) your use of the Service will be in strict accordance with the Envkey Inc. Privacy Statement, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless Envkey Inc., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to out of your violation this Agreement.
This Agreement constitutes the entire agreement between Envkey Inc. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Envkey Inc., or by the posting by Envkey Inc. of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of Delaware, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Wilmington, DE.
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Envkey Inc. may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Envkey Inc.
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