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Envoy Terms of Use

Envoy Terms of Use

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Published by HelloEnvoy

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Published by: HelloEnvoy on Aug 06, 2012
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02/26/2015

 
Envoy Terms of UseLast updated: November 28, 2012These Terms of Use are a legal agreement governing the use of the services (the
 Service
”)
and software
(the “
 Software
”)
offered by Envoy Commerce Corp., aDelaware corporation ("
ECC 
") through its website, mobile application, and anyother channel or interface that Envoy makes available to the public. Please carefullyread these Terms of Use and the Envoy Privacy Policy available on ECC
’s website(the “
Privacy Policy 
”) before using the
Service.Your use of the Service or Software constitutes your acceptance of and agreement toall of the terms and conditions in these Terms of Use and the Privacy Policy (this
 Agreement 
”)
. If you do not agree with any part of these Terms of Use or the PrivacyPolicy, you are not permitted to use the Service.ECC may change this Agreement at any time through updates that become effectiveupon posting on the Service or Software. Your use of the Service or Software aftersuch posting will constitute your acceptance of and agreement to such changes.Therefore, you should frequently review these Terms of Use and the Privacy Policyto see if they have been changed.Independent Envoys and ClientsThe Service and Software provide a platform to connect individuals seeking toobtain certain services ("
Clients
") and independent contractors seeking to providesuch services ("
Envoys
"). Both Client 
s and Envoys are “
Users
” of 
the Service andSoftware.ECC only provides a platform for enabling connections between Users through useof the Service and Software. ECC does not provide services to Clients, but ECCenables Envoys, which are independent contractors, to provide services to Clients.Although ECC performs certain background screenings in selecting Envoys, ECCdoes not assume any responsibility for any of the acts or omissions of any Envoy orClient, such as property damage or bodily injury that may result in connection withthe services an Envoy may perform for a Client.Limitation of LiabilityYOU AGREE NOT TO HOLD ECC, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVEAGENTS, EMPLOYEES, INDEPENDENT CONTRACTORS, ATTORNEYS, OFFICERS,
DIRECTORS, PARTNERS, OR INVESTORS (COLLECTIVELY, “
ECC PARTIES 
”) LIABLE
FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY,
LIABILITIES 
”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR
UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE ORSOFTWARE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING INCONNECTION WITH THE CONDUCT, ACT, OR OMISSION OF ANY USER (INCLUDINGWITHOUT LIMITATION STALKING, HARASSMENT, VEHICLE ACCIDENTS, ACTS OFPHYSICAL VIOLENCE, AND DESTRUCTION OF PROPERTY), ANY DISPUTE WITH
 
ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY ECCPARTIES, AND ANY DESTRUCTION OF YOUR INFORMATION.UNDER NO CIRCUMSTANCES WILL ECC PARTIES BE LIABLE FOR ANY DIRECT,INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGESARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THESERVICES OR SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTALOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TOYOU.IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS LEGALLYDETERMINED THAT ANY ECC PARTY IS LIABLE FOR DAMAGES, IN NO EVENT WILLTHE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICTLIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO ECC INCONNECTION WITH THE USE OF THE SERVICES OR THE SOFTWARE IN ANY 1-MONTH PERIOD BEFORE THE FILING OF THE CLAIM GIVING RISE TO SUCHDAMAGES.ECC, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE AGENTS, EMPLOYEES,
OFFICERS, DIRECTORS, PARTNERS, OR INVESTORS (COLLECTIVELY, THE “
ECC PARTIES 
”) ARE
NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OROFFLINE, OF ANY USER OF THE SERVICE AND WILL NOT BE LIABLE FOR ANYCLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THESERVICE.If you are a California resident, you waive to the maximum extent permitted by lawCalifornia Civil Code Section 1542, which states: "A general release does not extendto claims which the creditor does not know or suspect to exist in his favor at thetime of executing the release, which, if known by him must have materially affectedhis settlement with the debtor."Disclaimer of WarrantiesUSE OF THE SERVICE AND SOFTWARE IS ENTIRELY AT YOUR OWN RISK.THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS WITHOUTWARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOTLIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, AND NON-INFRINGEMENT.WITHOUT LIMITING THE FOREGOING, THE ECC PARTIES DO NOT WARRANT: (1)THE UNINTERRUPTED AVAILABILITY OR RELIABILITY OF THE SERVICE ORSOFTWARE; (2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THESERVICE OR SOFTWARE; (3) THE TIMELINESS, ACCURACY, RELIABILITY, ORCOMPLETENESS OF ANY CONTENT AVAILABLE THROUGH THE SERVICE ORSOFTWARE; OR (4) THAT THE SERVICE OR SOFTWARE IS FREE FROM VIRUSES,WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
 
 THE ECC PARTIES CANNOT AND DO NOT GUARANTEE THAT ANY PERSONALINFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED,INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS.IndemnificationYou hereby agree to indemnify, defend, and hold harmless the ECC Parties from andagainst any claim, loss, expense, or demand of liability, including attorneys' fees andcosts incurred, in connection with your use or inability to use the Service or theSoftware. ECC reserves the right, at its own expense, to assume the exclusivedefense and control of any matter otherwise subject to your indemnification.Account, Password, and SecurityYou are the sole authorized user of your account. You are responsible formaintaining the confidentiality of any password and account number provided byyou or ECC for accessing the Service. You are solely and fully responsible for allactivities that occur under your password or account. ECC expressly disclaims anyliability from misuse of your account. Should you suspect that any unauthorizedparty may be using your password or account or you suspect any other breach of security, contact ECC immediately.Links to Other Web SitesLinks (such as hyperlinks) from ECC to other sites on the Web do not constitute theendorsement by ECC of those sites or their content. Such links are provided forreference and convenience only. ECC does not control any such other sites, and isnot responsible for their content. The existence of links on the Service to such othersites (including without limitation external websites that are framed by the ECCService or Software as well as any advertisements displayed in connectiontherewith) does not mean that ECC endorses any of the material on such websites,or has any association with their operators. It is your responsibility to evaluate thecontent and usefulness of the information obtained from other sites.The use of any site controlled, owned, or operated by parties other than ECC isgoverned by the terms and conditions of use and privacy policies for those websites,and not by ECC's Terms of Use or Privacy Policy. You access such third-party sites at your own risk. ECC expressly disclaims any liability arising in connection with youruse or access to any sites or other material associated with links that may appear onthe Service or Software. You hereby agree to hold ECC harmless from any liabilitythat may result from the use of links that may appear on the Service.User Representations and WarrantiesBy using the Service or Software, you expressly represent and warrant that you arelegally entitled to enter this Agreement. If you reside in a jurisdiction which restrictsthe use of the Services because of age, or restricts the ability to enter intoagreements such as this one due to age, you must abide by such age limits and youmust not use the Service and Software.

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