Envarix Systems Inc. with its business affiliates (collectively referred to as the “Company”) is making available this website ("Site") and products and services (“Service”) through the Site subject to these Terms of Service (“Agreement”). By using the Site, you agree to be bound by the terms set forth in this Agreement, whether you are a "visitor" (which means that you are simply browsing the Site), a "registered user" (which means that you have provided personal information, such as your name and verified electronic mail address, (“Registration Data”) to the Site and are using the Service free of charge), or a "paying subscriber" (which means that you have registered with the Site and are paying for the Service). Occasionally, the Company may amend the Agreement by posting the amended Agreement on the Site. It is your responsibility to review the updated version of this Agreement and remain informed about any changes. If you do not accept the Agreement you must immediately stop using the Site.

Site Usage

The Service should be used for informational purposes only and does not constitute investment advice. Assumptions, opinions and estimates constitute the Company’s judgment as of their publication date. The information contained in the Site is subject to change without notice. No part of this information may be redistributed, copied, re-purposed or reproduced in any form without prior written consent of the Company.
The Company, and its employees and agents are not registered investment advisors or broker/dealers. If you make investment decisions based on information you receive in connection with the Site, you do so at your own risk and the Company and its employees and agents will not be liable for any losses that you may sustain. You should conduct your own independent research and due diligence and obtain professional advice, including carefully reviewing the prospectuses and other public filings of the issuer, before making any investment decisions or recommendations. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. All investments involve risk, and their past performance is not a guarantee of future results.
No warranty or guarantee is given regarding the accuracy, completeness, reliability or availability of the information provided on the Site and under no circumstances will the Company be held responsible, or liable for errors, or omissions resulting in any loss or damage caused or alleged to be caused by information contained in the material presented on the Site, including but not limited to direct, indirect, incidental, special or consequential damages caused by using the information. The Company does not sponsor, promote, recommend, offer to sell, or solicit any offers to buy any of the securities or financial instruments or indices listed on the Site. The information posted on the Site should not be used by others in connection with any sale, offer for sale or solicitation of an offer to buy securities or any other investments, and is not a recommendation or opinion for you to participate in any transaction.

Limitations of Information Provided

The information available on the Site may not be timely, accurate or complete and should not be relied upon for making any decisions. Security prices and certain security transactions, such as corporate actions, are updated periodically, and are available with a substantial delay.
Market information used on this website is obtained from non-proprietary market sources. While the Company believes this information to be accurate, the Company cannot attest to the validity of information culled from other sources. Any historical values represented on the Site have not been verified by an independent third party.
Any performance information presented on the Site is historical and is not indicative of future results. Performance results for any particular investment or user will vary, potentially materially so, based on timing of investments and other factors.
Not all parts of the Service are available to all users of the Site, nor in all areas of the United States or in foreign countries, and/or you may not be eligible for them. The Company reserves the right to determine eligibility.

Securities Disclaimer

You acknowledge that an investment in any security is subject to a number of risks and that information about any security published on the Site will not contain a list or description of relevant risk factors. In addition, please note that some of the stocks, for which content is published on the Site, may have a low market capitalization or insufficient public float. Such stocks are subject to more risk than stocks of larger companies, including greater volatility, lower liquidity and less publicly available information.

Links to Third-Party Sites

The Site contains links to third-party web sites. The linked sites are not under the control of the Company, and the Company is not responsible for the contents or policies of any linked site. The Company provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Company. The Company reserves the right to terminate, modify, or change the links at any time without notice.

Eligibility for Use of the Service

You must be 18 years of age or older to use the Service. You represent and warrant that you are 18 years of age or older and are fully able and competent to enter into, and abide by the terms of this Agreement. You represent and warrant that the profile information you submit is true and accurate and that your use of the Service will not violate any applicable law or regulation. Use of the Service is void where prohibited.

License to Use the Service

Subject to this Agreement, the Company grants to you a limited, personal, non-exclusive, non-transferable license to use the Service for personal, noncommercial purposes. Your right to use the Service is limited by the terms of this Agreement. Except for this license granted to you, the Company retains all right, title, and interest in and to the Site, including all related intellectual property rights. The Site is protected by applicable intellectual property laws, including United States copyright law and international treaties. You will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Site; (b) rent, lease, or sublicense access to the Service; or (c) circumvent or disable any security or technological features or measures of the Service.

Limits on Your Use of the Service

No Ownership Rights. All content on the Site or downloadable from the Site, including numerical data, charts, text, graphics, logos, button icons, images, and software, is the property of the Company or its content suppliers, and is protected by U.S. and international copyright laws. The compilation (that is, the collection, arrangement, and assembly) of all content on the Site is the exclusive property of the Company and is protected by U.S. and international copyright laws. All software used on this site is the property of the Company or its software suppliers and protected by U.S. and international copyright laws.
Personal Use of the Service. You also agree that the Site is for your own personal use and that you will not share your password to the Service with any other person. The rights being granted to you are personal in nature to you and may not be shared with, transferred, or otherwise assigned to anyone else. In addition, you will not employ or allow the use of your account for the purpose of executing scripts, programs, or other technologies designed or intended to create copies or otherwise reproduce the content on the Site.
Unauthorized Use of Your Account. You agree to promptly notify the Company of any known or suspected unauthorized use(s) of your account for the Service, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. Such notification should be sent via the Contact Us page of the Site. The Company shall not be liable for any loss or damage resulting from your failure to safeguard your password or account.
Prohibited Activities. When using the Service, you agree to refrain from doing any of the following:

i. violating any applicable federal, state and international laws or regulations; 
ii. using the Service to harm minors;
iii. interfering with others’ use of the Service;
iv. using the Service to invade the privacy of others, or to collect and use an individual’s personal and private information or to gain or attempt to gain unauthorized access to other computer systems via the Service;
v. using the Service to create a false identity or to impersonate another person; and
vi. using the Service to advertise Internet sites or services which are competitive to the Service.

In addition, you will not, either knowingly or with reckless disregard, participate in any actions intended to interrupt or otherwise negatively impact the Service.
The foregoing rules set the minimum level of conduct that the Company expects from users of the Service. The Company also asks that you use common sense and be considerate towards other users. The Company reserves the right, at its sole discretion, to suspend or terminate your right to use the Service if you violate the aforementioned rules of conduct or engage in other conduct the Company deems offensive.
Enforcement of These Terms. Except as described in these Terms of Service, any other use violates the terms and conditions of this Agreement and is strictly prohibited. The Company will pursue its legal and other rights against violators to the full extent permitted under applicable state, federal and international laws. In addition, you agree that the Company has the right, without liability to you, to disclose any of your Registration Data and/or account information to law enforcement authorities, government officials, and/or a third party, as the Company believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to the Company’s right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party’s rights).

Your Information

You may only maintain one active registration with the Site. By accepting this Agreement, you certify that you personally have no other registration with the Site.
You agree to provide accurate, current, and complete information required to register with the Site and at other points as may be required in the course of using the Service (“Registration Data”). The Company may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that the Company may store and use the Registration Data you provide.
You may not enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your user name and password. Any user name and password provided to you for your access to the service shall be for your personal use only.

Privacy

The Company is committed to protecting all of the personal information that it collects and does not distribute this information to unaffiliated third parties. If you have not already read the Company's privacy policy, you should do so now at the Privacy Policy page of the Site.

Intellectual Property

You agree that the Site and the contents of the Site are protected by copyrights, trademarks, and all other similar proprietary rights and protections (collectively, the “IP Rights”) belonging to the Company, and that these IP Rights are valid and protected in all forms, media, technologies, existing now or hereinafter developed. The graphics, logos, page headers, button icons, scripts, and service names appearing on the Site are protected trademarks, trade dress or other rights of the Company or their respective owners, and may not be used in connection with any other product or service that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company or the other owner of the rights.

Withdrawal or Removal of Features of the Service

The Company has the right to withdraw or remove features of the Service at any time, and without prior notice to you, with or without refunds or price adjustments, at the Company's sole discretion.

Indemnification of the Company

You agree to indemnify, defend and hold harmless the Company from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable legal fees and expenses) arising from or relating to:

i. your use of the Service; 
ii. your breach of this Agreement or any representation, warranty or covenant made by you herein or therein; or
iii. your violation of any applicable law, statute, ordinance, regulation or any third party's rights, including but not limited to, copyright infringement, harm to a third party’s trademark or other intellectual property rights, or any claim of defamation, libel or slander.

This indemnification obligation survives any termination of this Agreement.

Termination of Your Right to Use the Service

The Company reserves the right in its sole discretion to terminate your use of the Service at any time for any reason. Upon termination, for any such reason, your right to use the Service, and all associated license rights, shall immediately terminate, and you shall cease having access to the Service and will have no further rights to use the Service. Termination of your right to use the Service shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to the Company.

Feedback

The Company may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about the Service ("Feedback"). You agree that the Company may, in its sole discretion, use the Feedback you provide to the Company in any way, including in future modifications to the Service. You hereby grant the Company a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner for any purpose.

Credit Card Details

The Company does not collect on the Site or store on its servers any of your credit card, debit card or PayPal™ account information. You can securely pay for the Service with your credit, debit card or PayPal™ account directly on the website of PayPal™. Prior to making a payment, you agree to review and be bound by the terms and conditions posted by PayPal™ on its website.

Cancellation of Subscription Service

Cancellation of a subscription service is easily accomplished on the account management page of the Site and takes immediate effect. No refunds will be given for the subscription service. All sales are final.

Additional Terms

Entire Agreement. This Agreement supersedes all other agreements, warranties, or representations with regard to your use of the Service. The Company may amend the terms of this Agreement from time to time by posting such amendments on the Site under “Terms of Service.”
Force Majeure. Performance of the Service may be subject to delay and interruption due to causes beyond the Company's control, such as acts of God, power failure, acts of terrorism, natural disasters such as earthquakes and fires, equipment failure, and the like.
Governing Law. This Agreement shall be governed by and construed under the laws of the State of Maryland without regard to its conflict of law provisions.
Dispute Resolution. Any dispute or controversy arising under or in connection with this Agreement shall be fully and finally resolved solely by binding arbitration conducted in Montgomery County, Maryland under the auspices of JAMS by an arbitrator selected by both parties within ten (10) days after either party has notified the other in writing that it desires that the dispute between them be settled by arbitration. In the event the parties cannot agree on an arbitrator within such ten (10) day period, JAMS shall select an arbitrator and inform both parties in writing of such arbitrator’s name and address within five (5) days after the end of such ten (10) day period. Each party shall pay its own expenses associated with such arbitration, including the expense of any arbitrator selected by such party, if applicable, and the parties share equally the expenses of a jointly selected arbitrator or arbitrator selected by JAMS. The decision of the arbitrator shall be binding upon the parties and judgment in accordance with that decision may be entered in any court having jurisdiction thereover. Punitive damages shall not be awarded.

Disclaimer of Warranties. THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, ACCURACY, OMISSIONS, COMPLETENESS OR DELAYS, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NO ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE AFOREMENTIONED DISCLAIMERS RELATED TO IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

YOU AGREE THAT FROM TIME TO TIME, THE COMPANY MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. THE COMPANY DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE, THAT THE SITE WILL CONDUCT MATHEMATICAL AND/OR FINANCIAL CALCULATIONS CORRECTLY, THAT THE SITE WILL OPERATE FREE OF “BLACK OUT” PERIODS, OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ITEMS.

THE COMPANY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

Limitations of Liability. TO THE FULLEST EXTENT ALLOWED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER THAT RESULT FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO: (i) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES; (ii) DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES; (iii) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF SERVICE, ERRORS OR OMISSIONS; (iv) DAMAGES RELATED TO DOWNLOADING INFORMATION; AND (v) DAMAGES RESULTING FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CONTAMINATION OR DESTRUCTIVE PROGRAMS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY OF THE COMPANY SHALL BE LIMITED TO SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO THE COMPANY UNDER THIS AGREEMENT.
THE INFORMATION AVAILABLE OR OBTAINED THROUGH THE SITE MAY BE SUBJECT TO ADDITIONAL DISCLAIMERS AND LIMITATIONS CONTAINED THEREIN.

Severability. To the extent that any provision of this Agreement is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be enforced to the maximum extent possible and shall not affect the enforceability of the remainder of this Agreement.

No Waiver. Failure by the Company to exercise or enforce any of its rights under this Agreement shall not be deemed to be a waiver by it of any such right nor operate to bar the exercise or enforcement thereof or of any other right on any other occasion.

Contacting the Company

If you have any questions or concerns about the Site, the Service or the Agreement, please contact the Company through the Contact Us page of the Site.