TERMS OF USE
EFFECTIVE DATE: 4/28/2015
Welcome to www.senvol.com (“Site”), owned and maintained by Senvol. Senvol provides information on its Site to all users as well as enhanced, special access to registered subscribers in good standing, (each a “Subscriber”), all subject to these following Terms of Use. Please read these Terms of Use carefully before using the Site. In the event of any inconsistency between the Senvol Privacy Policy (“Privacy Policy”) and these Terms of Use, the Terms of Use will control.
ACCEPTANCE OF TERMS OF USE
By accessing and using the Site and/or clicking the “I Agree” button when you subscribe, you signify that you have read and understood these Terms of Use and our Privacy Policy incorporated herein by reference and accept and agree to be bound by these Terms of Use.
If you are using the Site on behalf of an organization, you are agreeing to these Terms of Use for that organization and promising that you have the authority to bind that organization to these Terms of Use. In that case, “you” and “your” as used herein will refer to that organization. If you do not agree to these Terms of Use, you should not access or use the Site.
These Terms of Use will apply to all uses of the Site, including Subscribers, provided that the sections below entitled “Subscriber Terms” will be relevant to uses only for so long as they are Subscribers. In the case of any conflict between the Subscriber Terms and any other provision of these Terms of Use, then the Subscriber Terms will control with respect to use by Subscribers. To the extent reasonably possible, the Subscriber Terms and all other provisions of these Terms of Use will be construed in such a manner so as to give practical and legal effect to both sections.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.
CHANGES TO TERMS
Senvol reserves the right to modify, amend, update, or delete these Terms of Use at any time and for any reason without notice to you. Any such modifications, amendments, updates or deletions will be effective immediately upon posting to the Site. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Site so that you are aware of any changes, as they are binding on you.
HOW YOU MAY USE THE SITE
You agree to use the Site only for lawful purposes and as permitted by these Terms of Use, and not to engage in any conduct that restricts or inhibits any other user from using or enjoying the Site. You will not post on or transmit through the Site: any defamatory or abusive statements; statements that threaten the persons of others; statements that are bigoted, hateful, racially offensive, or that endorse or advocate illegal activity; advertisements or other forms of solicitation. You agree not to engage in connection with your use of the Site in any conduct that is anti-competitive, deceptive or otherwise in violation of any law including those governing competition or trade practices. You further agree not to tamper with the Site or its functionality. You will not post or transmit any information, file or software that contains a virus, worm or any other potentially contaminating or destructive information, data or feature.
ACCESSING THE SITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Site and any service, information, or other Content (defined below) that we provide on the Site in our sole discretion without notice. We will not be liable, if for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user and/or Subscriber access to some parts of the Site, or the entire Site.
You are responsible for:
- Making all arrangements necessary for you to have access to the Site.
- Ensuring that all persons who access the Site through your Internet connection are aware of and comply with these Terms of Use.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you agree to not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if, in our opinion, you have violated any provision of these Terms of Use.
SUGGESTIONS SUBMITTED TO SENVOL THROUGH THE SITE
By submitting ideas, suggestions, documents, and/or proposals (“Suggestions”) to Senvol through its suggestion or feedback pages, by email, or by phone or by otherwise providing Suggestions to Senvol, you acknowledge and agree that: (a) your Suggestions do not contain confidential or proprietary information; (b) Senvol is not under any obligation of confidentiality, express or implied, with respect to the Suggestions; (c) Senvol may use or disclose (or choose not to use or disclose) your Suggestions for any purpose, in any way, in any media worldwide; (d) Senvol may have something similar to the Suggestions already under consideration or in development; (e) your Suggestions automatically become the property of Senvol without any obligation of Senvol to you and you hereby assign to Senvol all right, title and interest (including all intellectual property rights) in such Suggestions; and (f) you are not entitled to any compensation or reimbursement of any kind from Senvol under any circumstances.
INTELLECTUAL PROPERTY AND PROHIBITED USES
The materials, information and all other content contained on the Site, including without limitation, Senvol’s searchable database and the Subscriber Content as applicable (“Content”), are proprietary to and owned exclusively by Senvol, its licensors, its affiliates and/or third parties. Without limiting the generality of the foregoing, Senvol and/or its affiliates own copyright in the selection, coordination, arrangement and enhancement of such Content. This Content is protected under federal and state intellectual property laws and international treaties. You acknowledge that you do not acquire any ownership rights in the Content by use of the Site. Senvol grants you a limited, revocable, non-exclusive and non-transferable license to use and display the Content only on your computing device. Except as expressly stated herein, you have no right to print, copy, download, display, perform, decompile, reverse engineer, reproduce, distribute, transmit, modify, create derivative works of, edit, alter or enhance any of the materials or other Content in any manner. You agree not to “link,” “frame” or “mirror” the Site, or any Content contained on or accessible from the Site, on or from any other server or device without the advanced written authorization of Senvol. You also agree not to access (or attempt to access), or systematically retrieve data from, any part of the Site through any automated means (including use of scripts, bots or web crawlers).
This limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. This limited license may also be terminated at any time in Senvol’s sole discretion. You may also terminate this license at any time by ceasing to use the Site.
“Senvol,” the Senvol Database, Senvol logo, Senvol’s domain name, and all related product and service names, design marks and slogans are the proprietary trade names, trademarks, service marks, copyrighted material, and/or registered domain names of Senvol or its affiliates. Other trade names, trademarks, service marks and domain names contained on the Site are the intellectual property of their respective owners. Any product, process, or technology described in the Content may be the subject of other intellectual property rights owned by Senvol or other parties and are not licensed hereunder. Unless otherwise expressly provided to you in writing by Senvol, you are not granted any right or license to use any trade name, trademark, copyrighted material, patent or other intellectual property right of Senvol, its affiliates or any other party.
Senvol claims no ownership in, nor any affiliation with, third-party trademarks or brand names that may appear on the Site. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of Senvol should be inferred from their use. You are not permitted to use the trademarks displayed on this Site without the prior written consent of Senvol or the third party that may own the trademarks.
COUNTRY SPECIFIC RESTRICTIONS
Senvol hosts the Site from the United States. Senvol makes no representation that the Site is appropriate or available for use at other locations outside of the United States. Access to the Site from territories where the Site’s content is illegal is prohibited. If you access the Site from a location outside of the United States, you are responsible for compliance with all applicable laws. You may not use the Site or export information and materials in violation of the export laws of the United States or any other country.
CONSENT TO MONITORING AND DISCLOSURE
Senvol is under no obligation and does not assume any obligation to monitor the information residing on or transmitted to or from the Site. Senvol undertakes no obligation to determine whether your conduct during your use of the Site complies with applicable laws or regulations. However, you agree that Senvol may in its sole discretion monitor the Site in connection with its operation in order to protect users of the Site and comply with applicable laws, regulations or requests from governmental authorities. Unless otherwise prohibited by applicable law, confirmed in writing by Senvol or explicitly deemed confidential by the Privacy Policy, all information provided by you to Senvol in connection with the Site will be deemed not to be confidential, and Senvol will not protect any such information from disclosure. Senvol will be free to use, disclose and distribute such non-confidential information to third parties without any limitation.
NO ENDORSEMENT
Senvol does not endorse any products or services of other parties appearing on, or accessible through, the Site. References on the Site to any such products or services or the inclusion on the Site of links to, or frames of, the websites or computer systems of any third parties does not constitute or imply an endorsement by Senvol of such products, services, websites or systems. Senvol is not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by Senvol. If you decide to leave this Site and navigate to any websites linked through this Site, you do so at your own risk. Senvol makes no representation or warranty with respect to, and is not responsible for the quality of, the products, services, websites or computer systems or information provided by third parties that may be referred to on, or accessible through, the Site.
DISCLAIMER OF WARRANTIES
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE, ITS CONTENT AND THE INTERNET GENERALLY. THE CONTENT PROVIDED ON THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT ALLOWED BY LAW. SENVOL DOES NOT WARRANT THAT THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINTED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. NEITHER SENVOL NOR ITS AFFILIATES WARRANT THAT THE CONTENT ON THE SITE OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY SYSTEMS, SOFTWARE INFORMATION, OR OTHER MATERIAL ACCESSIBLE ON OR THROUGH THE SITE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SENVOL OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE. SENVOL AND ITS AFFILIATES DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION DISCLOSED ON THE SITE OR OTHER CONTENT ACCESSIBLE THROUGH IT.
SENVOL WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED ON THE SITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SENVOL, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (“SENVOL PARTIES”) WILL NOT BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR PERFORMANCE IN RELIANCE OF THE INFORMATION ON OR ACCESSED THROUGH THE SITE OR THE INTERNET GENERALLY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, SENVOL’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to indemnify and hold the Senvol Parties harmless from any claim or demand made by any third party, and to pay as incurred all liability, losses, damages, and other costs associated with the same (including reasonable attorneys’ fees), due to or arising out of: (a) Suggestions, product information or other information you submit, post, transmit, modify or otherwise make available through the Site; (b) your use of the Site; (c) your violation of these Terms of Use; or (d) your violation of any rights of another.
WAIVER OF JURY TRIAL AND CLASS ACTIONS
YOU AND SENVOL ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
TERMINATION
Senvol may terminate, limit or suspend your access to the Site at any time for any reason at all without notice to you. Grounds for such termination, limitation of access or suspension include without limitation: (a) breaches or violations of these Terms of Use (including Subscriber Terms, as applicable); (b) requests by law enforcement or other government agencies; (c) discontinuance or material modification to the Site (or any part thereof); (d) unexpected technical or security issues or problems; and/or (e) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause will be made in Senvol’s sole discretion and that Senvol will not be liable to you or any third party for any termination of your account, any associated email address, or access to the Site. All provisions of these Terms of Use relating to intellectual property rights, our Privacy Policy, limitations of liability, and indemnification will survive termination.
GOVERNING LAW
The laws of the State of Delaware in the United States of America will govern these Terms of Use, without reference to its choice of law principles. You consent to the exclusive jurisdiction in the state courts and federal courts of competent jurisdiction in the Delaware Court of Chancery or the U.S. District Court for the District of Delaware, for any claims or disputes that are determined not to be subject to resolution by arbitration.
ENTIRE AGREEMENT
These Terms of Use, including without limitations the Subscriber Terms, constitute the entire agreement between you and Senvol and governs your use of the Site, superseding any prior version of these Terms of Use. You agree that, except as otherwise expressly provided in these Terms of Use, there will be no third-party beneficiaries to these Terms. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
SITE SEPARATE AGREEMENTS
You may have other agreements with Senvol or its affiliates or subsidiaries not relating to your use of the Site. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Senvol that do not relate to your use of the Site. Please review the terms of those other agreements as they govern your relationship with Senvol and additional services that may be provided by Senvol through this Site.
TIME LIMITATION TO FILE A CLAIM
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
WAIVER AND SEVERABILITY OF TERMS
The failure of Senvol to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 the Terms remain in full force and effect.
ADDITIONAL TERMS FOR SUBSCRIBER
SUBSCRIBER TERMS
The following terms and conditions set forth certain terms and conditions pursuant to which Senvol provides enhanced access to Subscribers (such terms and conditions sometimes referred to herein as “Subscriber Terms”). The Subscriber Terms are an integral part of the Terms of Use and will be applicable to all users of the Site for so long as they are Subscribers.
SUBSCRIBER’S INFORMATION
All Subscribers will be required to submit information to Senvol that identifies the Subscriber, including but not limited to the Subscriber’s name, phone numbers, mailing addresses, and email addresses (“Subscriber Information”) via the Site registration pages in order to gain access to certain restricted content provided on the Site (“Subscriber Content”) and elect (at Subscriber’s option) to receive occasional email newsletters from Senvol.
Subscriber represents and warrants to Senvol that all of Subscriber Information disclosed on the Site registration pages is true, complete and accurate as of the date provided to Senvol. Without limiting the generality of the foregoing, Subscriber agrees to promptly update Subscriber’s Information to keep Subscriber’s Information accurate and complete by emailing info@senvol.com.
SHARING OF SUSCRIBER’S INFORMATION
Senvol reserves the right, without notice to Subscriber, to share Subscriber’s Information with anyone for any purpose to the extent described in the Privacy Policy. Subscriber hereby consents to the disclosure of Subscriber’s Information to such companies and acknowledges that, once this information is disclosed to those companies, Senvol will have no control over, nor will Senvol be responsible for, the use or further disclosure of Subscriber’s Information by any companies.
SUBSCRIBER LOGIN PROCEDURE
In order to access and view certain restricted Content provided on the Site (the “Subscriber Content”), Subscriber will be required to enter a user name and password on the Subscriber login page of the Site. Subscriber will access the Subscriber Content only though the login page provided by Senvol and will not permit any other person or entity to access the Subscriber Content using Subscriber’s user name or password. Subscriber will ensure that he/she logs off from his/her account at the end of each session. Subscriber agrees not to disclose Subscriber’s user name or password to any other person or entity and will hold Subscriber’s user name and password in confidence. In the event Subscriber determines that another party has gained access to Subscriber’s password or user name, or that another party has accessed the Subscriber Content using Subscriber’s user name or password, Subscriber will immediately notify Senvol of such access. In such event, Senvol will delete Subscriber’s old user name and password and, in its sole discretion, issue a new user name and password to Subscriber.
LIMITED USE OF INFORMATION
Senvol grants Subscriber a limited, nontransferable, nonexclusive, revocable right to access the Subscriber Content. Subscriber agrees not to (and not allow any third party to) copy, modify, decompile, reverse engineer, create a derivative work of, create an internal database of, sell, assign, sublicense, or grant a security interest in, or otherwise transfer any right in or to, the Subscriber Content. Subscriber is not permitted to further distribute or transfer any portion of the Subscriber Content to other parties. You also agree not to access (or attempt to access), or systematically retrieve data from, any part of the Subscriber Content through any automated means (including use of scripts, bots or web crawlers).
NEWSLETTER TERMS
Upon becoming a Subscriber, we will send our newsletter to your email address. Out of respect for your privacy, we provide you a way to unsubscribe. If you no longer wish to receive our newsletter, you may opt-out of receiving it by following the instructions included in each communication or by contacting us at info@senvol.com.