AGREEMENT BETWEEN USER AND EVAdvantage
The EVAdvantage Web Site is comprised of various Web pages operated by EVAdvantage.
The EVAdvantage Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the EVAdvantage Web Site constitutes your agreement to all such terms, conditions, and notices.
EVAdvantage reserves the right to change the terms, conditions, and notices under which the EVAdvantage Web Site is offered, including but not limited to the charges associated with the use of the EVAdvantage Web Site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the EVAdvantage Web Site, you warrant to EVAdvantage that you will not use the EVAdvantage Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the EVAdvantage Web Site in any manner which could damage, disable, overburden, or impair the EVAdvantage Web Site or interfere with any other party’s use and enjoyment of the EVAdvantage Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the EVAdvantage Web Sites.
EVAdvantage reserves the right, in its sole discretion, to terminate your access to the EVAdvantage Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the EVAdvantage Web Site. Use of the EVAdvantage Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and EVAdvantage as a result of this agreement or use of the EVAdvantage Web Site. EVAdvantage’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of EVAdvantage’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the EVAdvantage Web Site or information provided to or gathered by EVAdvantage with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and EVAdvantage with respect to the EVAdvantage Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and EVAdvantage with respect to the EVAdvantage Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the EVAdvantage Web Site are: Copyright 2007 by EVAdvantage and/or its suppliers. All rights reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.