ENI

Terms and Conditions Use

By accessing the EVANSNEWTON.COM Website or using the Services (defined below), You agree to be bound by these Terms of Use.

  1. Use of Website
    1. These Terms of Use apply to You whether You access this Website through the home page or directly access any page located on the Website and maintained by Us, or if You access or use any of the Services available on or through the Website. We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time upon reasonable notice. Any changes to these Terms of Service will be posted on this page. Notice of all such changes will be posted in advance of the effective date. By using or continuing to use the Services or the Website after the effective date of any such changes, You agree to be bound by the new Terms of Service. If You do not agree to abide by these or any future Terms of Service, do not use the Services or access the Website. It is Your responsibility to regularly review these Terms of Service. Certain Services may be provided in restricted areas available only to authorized users. You may only access such restricted areas if you are authorized to do so. Your access to the Website or the Services may be governed by a separate written agreement between You and the Company. In the event of any conflict between the provisions of these Terms of Service and any separate written agreement between you and the Company related to the Services, that separate written agreement will be controlling. Nothing in these Terms of Service will modify any separate written agreement between You and the Company.
  2. Definitions
    1. "Services" means all of the services offered by the Company, including those which may be offered through the Website. Such services may be available only to authorized users.
    2. "Terms of Service" or "Agreement" refers to these Terms of Service. These Terms of Service include Our Privacy Policies and any other policies, terms or conditions referred to in these Terms of Use or posted on the Website.
    3. "We", "Us" or "Our" refer to Evans Newton, Incorporated, the owner and operator of the Website and the Services. Evans Newton, Incorporated may also be referred to as the "Company."
    4. "Website" refers to the internet website located at WWW.EVANSNEWTON.COM and any pages accessible through the home page for the Website and any content or materials placed on or available directly from the Website. Certain portions of the Website are available only to authorized users and may be entered only be entering a user name and password or access may be otherwise restricted. Only authorized users may access the restricted areas and use the Services in such areas.
    5. "You" or "Your" refers to You, the user of the Website or the user who accesses any material available on the Website or who accesses or uses the Services. You agree that You shall be liable for any use of the Website or Services or anyone using Your Username or ID to access the Services or the Website.
  3. Eligibility
    1. The Website is open to all users who have a legitimate interest in the use of the Website or the Services.
    2. We reserve the right to limit, restrict or deny access to the Website or the Services to any user at any time for any reason. Without limiting the generality of the foregoing, We may prohibit You or anyone from accessing or using the Website if: (1) You or they violate this Agreement; (2) In Our reasonable opinion, Your use of the Website or Services poses a risk to any other user of the Website or Services or exposes Us to any legal risk, or poses harm or a reasonable threat of harm to any computer system or related computer facilities used by the Website, accessed by the Services or to any other user of the Website or Services; or (3) is contrary to law.
  4. Limitation on Use of the Website
    1. You agree to comply with the following restrictions governing Your use of the Website.
      1. You may use the Website and Services only for the purposes of researching information about the Company and the Services it offers or for using the Services in the manner described in this Website or pursuant to any other written contract between You and the Company. You may not use the Website or the Services for any commercial purpose other than those authorized by the Company.
      2. You will not use the Website or Services for any illegal activity.
      3. You will not use the Website or Services for purposes of harassing any third party or for publishing or distributing any libelous, slanderous or defamatory materials or any obscene, scandalous or indecent materials.
      4. You represent and warrant that You are the owner or are authorized to use and distribute any data, material or information which You provide in the course of Your use of the Website and the Services.
      5. You represent and warrant that none of the data, information or materials submitted by You will violate or infringe upon the rights of any third party, including patent, copyright, trademark, privacy, publicity or other personal or proprietary rights.
      6. You agree not to use automated scripts to collect information from the Service or the Website.
    2. You further agree that You may not use the Website or Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website, or Services.
    3. You will not post any viruses or other computer code to the Website or Services which is designed to harm or damage any computer system or which is designed to interrupt or interfere with the proper functioning of the Services or any computer system, or which is designed to damage or destroy any data contained on any computer system or which interfere with the orderly use of the Services.
    4. You represent and warrant to Us that You have the right and authorization necessary to post any content You provide to Us for use in connection with the Services. You further represent and warrant that all data posted to the Services is posted in compliance with these Terms of Service and all applicable laws, including without limitation all privacy and confidentiality laws.
  5. Proprietary Rights in Content on the Website
    1. All content on the Website, including but not limited to design, text, graphics, other files, and their selection and arrangement (the "Content"), are the property of the Company. The Company owns the copyright in all Content, except for the content supplied by the Company’s affiliates or members, which content is used and posted with permission. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission.

      2. 2009 Evans Newton, Incorporated. All Rights Reserved.

    2. All trademarks, logos, trade dress and service marks on the Website are either trademarks or registered trademarks of the Company or its partners, affiliates or service providers and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
  6. Privacy Policy
    1. Our privacy policy is set forth on the following webpage: Privacy Policy. Our privacy policy is a part of these Terms of Service. By using the Website You agree to be bound by and comply with Our privacy policies.
  7. Disclaimers
    1. We are not responsible for any interruption or unavailability of the Services. You understand that these Services are Internet based and that We cannot guarantee continued access to or availability of the Internet or the Internet based Services. We are not responsible for the loss of any data posted by You during the course of Your use of the Website or Services.
    2. TO THE EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE. IN NO EVENT SHALL THE COMPANY’S LIABILITY FOR ANY CLAIMS EXCEED THE AMOUNT PAID BY THE USER.
  8. Links to Other Websites
    1. The Website contains links to other websites. We are 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 Us. Inclusion of any linked website on or through the Website or the Service does not imply approval or endorsement of the linked website by Us. If You decide to leave the Website and access these third-party sites, You do so at Your own risk.
  9. Indemnity
    1. You agree to indemnify, defend and hold Evans Newton, Incorporated and its officers, employees, agents, and representatives harmless from any and all claims, demands, actions, causes of action, demands, liabilities, judgments and damages, including reasonable attorneys’ fees, arising out of or related to Your use of the Website or Services or any violation of these Terms of Service.
  10. Additional Terms
    1. These Terms of Use, together with the Privacy Policy and any other policies of the Company posted by Us on the Website, constitute the entire Agreement between You and Us regarding the use of the Website. Our failure to exercise or enforce any right or provision of these Terms of Use in any instance shall not prevent Us from enforcing such rights on any other occasion. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
    2. These Terms of Use are governed by Arizona law. You consent to the jurisdiction and venue of such courts. In any legal action, the prevailing party shall recover their court costs and reasonable attorneys' fees.
    3. ENI does not warrant or represent that the Website, or the information contained on the Website may be lawfully accessed, viewed, downloaded, or used outside the United States. Users outside the United States are solely responsible for the compliance with the laws of the country from which they are accessing or using the Website or Services.
  11. Claims of Copyright Infringement or Other Intellectual Property Infringement
    1. We take all claims of copyright infringement and other intellectual property infringement claims seriously. If You believe any of the materials on the Website infringe Your copyright or otherwise infringe any of Your rights, please follow Our Copyright Claims Procedures and give us notice of Your claims at info@evansnewton.com. Our Copyright Claims Procedures are set forth here.