Legal Notices

Terms of Use

By accepting the Terms of Use and/or using the Web Site, you agree to use it in strict accordance with, and to be bound by, all of the terms and conditions contained in these Terms of Use ("Terms"). Unless expressed otherwise, any new features that augment or enhance the existing services available though ENDIVA Software, Inc. shall be subject to these terms. The Terms apply to all users unless specified otherwise. If you do not wish to be bound by these Terms or if you do not understand these terms, do not use or access our services and products.

Description of Services and Users

ENDIVA Software, Inc. provides fully integrated web services packages that assist its customers ("Licensees") in creating and maintaining their personal and/or business websites, and managing their e-community and e-commerce functions. By using ENDIVA as a platform to create their websites, Licensees can then allow their members, clients, and/or any other visitors of their website (collectively, "Public Users") to access and use their website at leisure or as permitted by the Licensees. ENDIVA is not involved in the actual uploading of any of the information, content, links, and the recruiting of any members that the Licensees find suiting to their needs for the existence of their association web site. Hence, ENDIVA has neither control over the quality, safety, legality and accuracy of the information posted nor any activities or communications that are conducted by our Licensees, their affiliations, and their members.

Grant of Rights

ENDIVA Software, Inc. grants all users a non-exclusive, non-transferable license to use all portions of the Web Site based on ENDIVA platforms in strict accordance with the provisions of these Terms. These Terms do not grant you the right to use any ENDIVA Software, Inc. trademark service mark or logo for any purpose whatsoever.

Personal Information (Privacy)

As stated above in Description of Services, ENDIVA has no control over any activities or communications that are conducted by our Licensees, their affiliations, and their members. ENDIVA has no access to any personal information that is obtained via this Web Site; such information is governed and obtained by its Licensees. The ENDIVA web tools allow all their Licensees to post their Privacy Policy onto their Web Site. If the Licensees choose to utilize the Privacy Policy posting option, ENDIVA encourages all users to consult the policy via the provided hypertext link on the home page of the Web Site.

Proprietary Materials (Copyright)

• Copyright materials/Information. The Web Site contains copyrighted material, trademarks and other proprietary information of ENDIVA and others (collectively "Proprietary Material"), including, but not limited to, design, page layout, color scheme, graphical themes, background style, frame, text, software, photos, video, graphics, images, music and sound. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any ENDIVA Proprietary Material.
• Use of Material. The entire Proprietary Materials that belong to ENDIVA are: Copyright 2003, ENDIVA Software, Inc. All Rights Reserved. Complying with all applicable copyright laws is the responsibility of all users. Commercial use of all ENDIVA Proprietary Materials requires prior written consent from ENDIVA Software, Inc. Except as otherwise expressly permitted by the Terms, or as permitted under copyright law, no posting, copying, downloading, uploading, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise reproducing, storing, transmitting, modifying or commercially exploiting any Proprietary Material in any form or by any means, for any purpose, is permitted without the express written permission of ENDIVA. In the event of any copying, redistribution or publication of copyrighted material as permitted by law, no changes in or deletion of trademark, page layout, design appearance, legend, or copyright notice shall be made.
• Trademarks. The ENDIVA marks and logos are service marks and trademarks of ENDIVA Software, Inc. Registered ENDIVA trademarks include, but are not limited to: ENDIVA, DynaForm, SmartContainer, WebOS, .Web, The Dot Web Company, SmartFirewall, and SmartWebSite. Other trademarks, service marks and logos used in the Web Site are the trademarks, service marks or logos of their respective owners. Third party content and software required by or made available by or through this site is the property of its respective owner, and their use is subject to the license or terms provided by such owner.
• Exceptions. Due to the nature of ENDIVA services and products, not all Proprietary Materials on the Web Site belong to ENDIVA Software, Inc. ENDIVA’s Licensees, who are bound by the Software License Agreement and these Terms, supply most of the areas of the site that contain information. It is the responsibility of the Licensees to be able to distinguish between Proprietary Materials that belong to ENDIVA and the Licensees. It is the responsibility of the Public Users to inquire about ownership of the Proprietary Materials if they plan to use, modify, or acquire any the Proprietary Material in question.

Continue to next page