BY ACCESSING, VISITING, BROWSING, USING, DOWNLOADING OR ATTEMPTING TO INTERACT WITH ANY PART OF THE WEBSITE, INCLUDING WITHOUT LIMITATION THE WEBSITE'S FORMS OR OTHERWISE, YOU AGREE, ON BEHALF OF YOURSELF AND ANY ENTITY FOR WHICH YOU ARE AN AGENT OR YOU APPEAR TO REPRESENT (SUCH ENTITY ALSO BEING INCLUDED IN THE TERMS “YOU,” “YOUR,” OR “USER” REFERRED TO ABOVE) THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE WEBSITE.
ENVOI RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN ENVOI'S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE HYPER-LINKS FOR THIS AGREEMENT LOCATED AT THE BOTTOM AND WITHIN VARIOUS PAGES ON THE ENVOI WEBSITE INCLUDING WITHOUT LIMITATION ITS MAIN LANDING PAGE.
1. RESTRICTIONS ON USE
2. ADDITIONAL USE LIMITATION
You may not modify, copy, translate, decompile, disassemble, reverse engineer, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell, or delete or change any Content, the website, or any copyright, trademark, or other proprietary notice on any Content or the website, except as expressly permitted by Envoi. Envoi requires these limitations to protect the integrity of its website, the Content, and our intellectual property.
3. PROPRIETARY INFORMATION
The material and content accessible from this website, and any other website owned, operated, licensed, or otherwise controlled by Envoi, including without limitation all text, video, audio, streaming content, graphics, images, photographs and other perceivable media, as well as documents and information downloadable from the website (the “Content”) is the proprietary information of Envoi or the party that provided or licensed the Content to Envoi, whereby such providing party retains all right, title, and interest in the Content subject to the license grants to Envoi. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, displayed, performed, or transmitted in any way without the prior written consent of Envoi. Modification or use of the Content except as expressly provided in this Agreement violates Envoi’s intellectual property rights and/or the intellectual property rights of others. Neither title nor intellectual property rights in and to the website or its Content are transferred to you by access to this website.
This website may be hyper-linked to other websites which are not maintained by, or related to, Envoi. Hyper-links to such websites are provided as a service to users and are not sponsored by or affiliated with this website or Envoi. Envoi has not reviewed any or all of such websites and is not responsible for the content of those websites. Envoi is not responsible for webcasting, streaming, downloads, or any other form of transmission received from any hyper-linked website or third party content embedded on the website. Hyper-links are to be accessed at the user's own risk, and Envoi makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the websites hyper-linked to this website. Envoi provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party website or embedding of content on the website does not necessarily imply endorsement by Envoi of that website or content or any association with their operators.
You hereby grant to Envoi the royalty-free, perpetual, irrevocable, worldwide, sublicensable through multiple levels, transferrable, non-exclusive right and license to use, reproduce, make, modify, adapt, publish, translate, broadcast, create derivative works from, distribute, offer to sell, sell, import, perform, and display all text, video, audio, streaming content, graphics, images, photographs and other perceivable media, suggestions and improvements communicated to Envoi through this website or the communication methods noted on this website (together, the “Submission”), and to incorporate any Submission, in whole or in part or modified as Envoi sees fit, in other works, products, or services in any form, media, or technology now known or later developed. You hereby waive in perpetuity all so-called "moral rights," rights of integrity, rights of paternity, rights of disclosure, rights of withdrawal, rights of attribution, rights to prevent attribution in the event of a distortion, mutilation, or modification, and all such analogous rights in or related to any Submission. You represent and warrant that you have all the rights and permissions necessary to grant the above license, including without limitation any necessary licenses, waivers, or assignments of copyrights, patents, trademarks trade secrets, or other intellectual property rights, publicity rights, and privacy rights, and that your Submission conforms to all of the terms and conditions of this Agreement. Envoi will not be required to treat any Submission as confidential, and may use any Submission to the full extent of its license without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Envoi products, services or other business operations.
You understand that Envoi cannot and does not guarantee or warrant that files, including without limitation Content, available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for any reconstruction of any lost data. Envoi does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Envoi.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, ANY INFORMATION OR OTHER COMMUNICATIONS SENT TO YOU AS A RESULT OF YOUR INTERACTION WITH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION SENT TO YOU BY YOUR REQUEST THROUGH THE METHODS PROVIDED ON THIS WEBSITE (COLLECTIVELY "WEBSITE AND RELATED SERVICES") ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ENVOI DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT REGARDING OR RELATING IN ANY WAY TO THE WEBSITE AND RELATED SERVICES. ENVOI DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE, OR ANY OTHER WEBSITE AND RELATED SERVICES, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND RELATED SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ENVOI DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE WEBSITE AND RELATED SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE WEBSITE AND RELATED SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND ENVOI MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.
All of the information in the Website and Related Services, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the website or is otherwise transmitted or communicated to you, and Envoi does not undertake any obligation to update such information after it is posted or communicated to you, or to remove such information from this website if it is not, or is no longer accurate or complete.
SOME JURISDICTIONS, INCLUDING (AS TO CONSUMERS) NEW JERSEY, MAY NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES INCLUDING WITHOUT LIMITATION OF IMPLIED WARRANTIES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7. LIMITATION ON LIABILITY
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, ENVOI, ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND CONTENT PROVIDERS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, OWNERS, MEMBERS, SHAREHOLDERS, AND DIRECTORS (THE "ENVOI ENTITIES") WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, REGARDING OR RELATING IN ANY WAY TO THE WEBSITE AND RELATED SERVICES, EVEN IF THE ENVOI ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE ENVOI ENTITIES REGARDING OR RELATING IN ANY WAY TO THE WEBSITE AND RELATED SERVICES TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE MINIMUM AMOUNT ALLOWED BY LAW IF A TOTAL DISCLAIMER OF ALL LIABILITY IS NOT ALLOWED.
SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES TO PERSONAL OR PROPERTY DAMAGE, OR DAMAGES CAUSED BY THE NEGLIGENT OR WILLFUL ACTIONS OF ENVOI. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. TERMINATION OR RESTRICTION OF ACCESS
Envoi reserves the right, in its sole discretion, to terminate your access to the website or any portion thereof and the related services or any portion thereof at any time, without notice.
You will defend, indemnify, and hold the Envoi Entities harmless from any breach of this Agreement by you, including without limitation any use of Content or other Website and Related Services other than as expressly authorized in this Agreement and any claim or damage of any type regarding or relating to your Submission, such indemnification including without limitation any and all resulting loss, damages, judgments, awards, costs, fines, expenses, and attorney's fees (including without limitation for the cost of defense) (collectively “Losses”) of the Envoi Entities in connection therewith. You will also indemnify and hold the Envoi Entities harmless from and against any claims brought by third parties arising out of your use of the website, the Content, or other Website and Related Services, such indemnification including without limitation all resulting Losses, except to the extent such claims and Losses are due to the negligent or willful acts of the Envoi Entities.
10. TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of Envoi or the party that provided the trademarks, services marks, logos, and copyrighted works to Envoi. Envoi and any party that provided trademarks, service marks, logos, and copyrighted works to Envoi retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this website.
All Content of Envoi website owned by Envoi is: Copyright © 2020 Envoi, LLC, all rights reserved, unless otherwise noted.
Envoi may use and disclose your information in special instances when we have reason to believe disclosing this information is necessary to investigate, identify, contact, or bring legal action against someone who may be causing injury to or interfering with our rights or property, other website visitors, or anyone else. We may disclose your information when subpoenaed, if ordered or otherwise required by a court of law, arbitrator, or other similar proceeding or the rules governing such a proceeding, for government investigations, with government agencies if required by law, to exercise, establish, or defend Envoi's legal rights, to protect your vital interests or those of any other third party, and when Envoi otherwise believes in good faith that any applicable law requires it.
BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS THE ENVOI ENTITIES FROM ANY CLAIMS RESULTING FROM ANY OF THE AFOREMENTIONED ACTIONS TAKEN BY THE ENVOI ENTITIES.
This Agreement and any related dispute between the parties will be governed and interpreted pursuant to the laws of the state of Minnesota excluding any principles of conflicts of law. You specifically consent to personal jurisdiction in Minnesota in connection with any dispute between you and Envoi arising out of or relating to this Agreement or pertaining to the subject matter hereof. The parties to this Agreement each agree that the exclusive venue for any dispute between the parties arising out of or relating this Agreement or pertaining to the subject matter hereof will be in the state and federal courts located in Minnesota.
If any part of this Agreement is unlawful, void, or unenforceable, that part shall be modified by a court of competent jurisdiction to reflect to the maximum extent possible the original intention of the parties as dictated by the original wording, and if not so modifiable, that part will be deemed severable, and will not affect the validity and enforceability of any remaining provisions.
Envoi may assign or otherwise convey any of its rights and obligations under this Agreement, but you may not. All of the terms and conditions of this agreement shall inure and be binding upon any party's permitted successors and assigns.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Envoi as a result of this agreement or use of Envoi's website or any Website and Related Services.
This Agreement constitutes the entire agreement among the parties relating to the subject matter of this Agreement and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Envoi with respect to the subject matter of this Agreement. Notwithstanding the foregoing, any additional terms and conditions on this website will govern the items to which they pertain.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
The failure by Envoi at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by us will not be deemed a continuing waiver and will apply solely to the instance to which such waiver is directed.
This Agreement may contain typographical errors or other errors or inaccuracies and may not be correct or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update this Agreement at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Last Modified: June 30, 2020