Evigia Legal Policies and Disclaimers
The following terms and conditions apply to all visitors of the Evigia Systems, Incorporated (“Evigia”) web site and by accessing this web site you accept the following terms and conditions. Evigia reserves the right to change these terms and conditions from time to time at our sole discretion and we therefore advise you to check this page regularly.
Unless otherwise specified, all product and service names, slogans and logos are trademarks, service marks, or trade names (“Marks”) of Evigia. All other Marks are the property of their respective owners. The use of any of our Marks without our express written consent is strictly prohibited. Your access to this web site should not be construed as granting, by implication, estopppel or otherwise, any license or right to use any Marks appearing on the web site without the prior written consent of Evigia or the third party that owns the Mark.
Unless otherwise specified, all materials appearing on our web site, including the text, site design, graphics, logos, icons and images, audio and video clips, as well as the selection, assembly and arrangement thereof, and all software are the property of Evigia and are protected by U.S. and international copyright laws. All other copyrighted materials are the property of their respective owners. Copyright notice is included on every page of the Evigia site.
You may view, download, print and retain a copy of pages of our web site provided that (1) your use of such information from our web site is for your informational, personal and non-commercial use only, (2) you will not copy, transfer or transmit such information to another person or entity, post it on any network computer or broadcast it in any media, (3) any copy of the information that you make shall retain all legal notices, copyright and other proprietary notices contained therein, and (4) you make no modifications of such information.
Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any information from our web site in whole or in part without prior written permission. If you wish to obtain permission to reprint or reproduce any materials appearing on our web site you may contact Evigia for express permissions and limitations. All rights not expressly granted herein are reserved.
LINKS AND SEARCH RESULTS
Our web site may contain links to other sites or automatically produce search results that refer or link to other sites. Clicking on such a link to a third party site will cause you to leave our web site. We do not control or endorse the linked third party sites and are not responsible for the contents of any linked third party site, any link contained in a linked third party site, or any changes or updates to such third party sites. We do not guarantee, represent or warrant that the content of these sites is accurate, legal, inoffensive, or free from viruses or other features that may adversely affect your computer. These links are provided to you only as a convenience and are governed by terms and conditions of the third party site to which you are linked.
We generally do not object to links made from third party web sites to the main home page page of our web site (www.evigia.com). Links to our web site may contain the name “Evigia” but may not have any of our trademarks without approval. Without our prior written consent, (1) you may not link to any page of our web site other than the home page, (2) links may not be presented in any way that suggests we control, endorse or recommend the third party site, its content or any goods or services offered by the third party and (3) our web site and its content may not be “framed” or presented in any way other than in a separate browser window that opens up upon clicking of the link.
You may not link to this web site if we notify you in writing to remove links to this web site. You may not use metatags or any other hidden text incorporating our name or trademarks without our prior written consent.
Every effort has been made to ensure the accuracy of the information presented on our web site; however, Evigia assumes no responsibility for the accuracy of the information. Any information, including information about our products, is subject to change without notice. Evigia may make improvements and/or changes in the products and/or the programs described in this web site at any time without notice. Any mention of non-Evigia products or services is for information purposes only and constitutes neither an endorsement nor a recommendation from Evigia.
ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EVIGIA, OR ANY OF ITS AFFILIATES, PARTNERS, SUPPLIERS OR DISTRIBUTORS, BE LIABLE TO ANY PERSON FOR ANY GENERAL, DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, LOSS OF PROFITS OR REVENUES OR COSTS OF REPLACEMENT GOODS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR WEB SITE OR ANY HYPERLINKED SITE, EVEN IF EVIGIA HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
DISCLOSURE AND FORWARD-LOOKING STATEMENTS
All statements included or incorporated by reference in this web site, other than statements or characterizations of historical fact, are forward-looking statements. These forward-looking statements are based on our current expectations, estimates and projections about our industry, management’s beliefs, and certain assumptions made by us. Forward-looking statements can often be identified by words such as “anticipates“, “expects“, “intends“, “plans“, “predicts“, “believes“, “seeks“, “estimates“, “may“, “will“, “should“, “would“, “could“, “potential“, “continue” or similar expressions, and variations or negatives of these words.
In addition, any statements that refer to expectations, projections or other characterizations of future events or circumstances, including any underlying assumptions, are forward-looking statements. These forward-looking statements speak only as of the date they are made and are based upon the information available to us at that time. Such information is subject to change, and we will not necessarily inform you of such changes. These statements are not guarantees of future results and are subject to risks, uncertainties and assumptions that are difficult to predict. Therefore, our actual results could differ materially and adversely from those expressed in any forward-looking statement as a result of various factors. Our annual financial filings discuss the foregoing risks as well as other important risk factors that could contribute to such differences or otherwise affect our business, results of operations and financial condition. We undertake no obligation to revise or update publicly any forward-looking statement for any reason, except as required by law.
CHOICE OF LAW
Evigia creates, manages and operates this web site from its offices in the State of Michigan, in the United States. Use of this web site or any information or materials made available by us through this web site is governed by the laws of the State of Michigan, United States, without reference to conflict of law provisions. Any dispute arising out of or related to your use of this site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the state and federal courts sitting in Washtenaw County, Michigan. You agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule.
Any cause of action you may have with respect to your use of the web site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the foregoing terms and conditions or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent hereof, and the remainder of the terms and conditions shall continue in full force and effect.
Any rights not expressly granted herein are reserved. Evigia may, in its sole and absolute discretion, change, modify, terminate or suspend any portions of our web site and Evigia may impose limits or restrictions on the use of our web site.