THE FOLLOWING DESCRIBES THE TERMS ON WHICH WE OFFER YOU SERVICES. BY CHECKING THE "I ACCEPT" CHECKBOX WHEN YOU SIGNUP,
YOU ACCEPT THE TERMS AND CONDITIONS BELOW AND AGREE THAT THIS CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND INFOTRAX SYSTEMS, LC.
If you do not wish to be bound by these terms and conditions, please do not visit or use the Evo Sites. You, the subscriber,
agree that you are a willing subscriber to the Evo services and agree that you will pay the fees associated
with this service. InfoTrax Systems may amend these Terms of Service in our sole discretion at any time without specific notice to you. The
latest Terms of Service will be posted on our site, and you should review them prior to using the site.
Description of Service
InfoTrax Systems operates this web site and associated web pages which will be referred to as Evo, or the Service,
for purposes of these Terms of Service. InfoTrax Systems offers you access to Evo which provides you access to a collection
of online services. InfoTrax Systems offers you access to the Evo site in exchange for your agreement to accept and comply
with the terms, conditions, and notices stated here and as may be modified by InfoTrax Systems from time-to-time in its sole
discretion without notice to you. Unless explicitly stated otherwise, any new features or products that augment or enhance
the current Service shall be subject to these Terms of Service.
General Use of the Evo site.
You promise that you will not use the Evo site, in whole or in
part, for any purpose that is unlawful or prohibited by these Terms of Service. You agree that you will not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web
page, use on any other web site, transfer, or sell any information, software, lists of users, databases or other lists,
products or services provided through or obtained from the Evo site. This means, among other activities, that you agree
not to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of
obtaining lists of users or other information. You agree that you will not use the Evo site in any manner which could damage,
disable, overburden, or impair the Evo site or interfere with any other party's use and enjoyment of the Evo site.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available
or provided for through the Evo site. Except with the written permission of InfoTrax Systems, you agree that you will not
access or attempt to access password protected, secure or non-public content of the Evo site. Unauthorized individuals
attempting to access prohibited areas of the Evo site may be subject to prosecution.
In order for you to participate in the Evo Service,
InfoTrax Systems will require that you provide specific information about yourself. If you choose to participate in such
services, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely
representing your affiliation with any person or entity (such information being "Member Data"). Member Data and certain
registration process is used to send you information about InfoTrax Systems and services. Sensitive information will never
be divulged to others without your permission. Some of your personal information from this service may be displayed on the
personalized public web pages that you receive from InfoTrax Systems. You can modify all of your personal information by
logging into the service and selecting Account Management or by contacting customer support.
Although privacy issues are very important to us,
given the current regulatory and technical environment you should not have an expectation of privacy in your Member Evo
site or Member Data associated with it. By way of example (without limiting the foregoing), we may be forced to disclose
information to the government or third parties under certain circumstances, or third parties may unlawfully intercept your
private communications. We cannot ensure that all private communications or information associated with your Member Evo
which is part of this Agreement.
Content Submitted to InfoTrax Systems
The Evo site includes a number of venues
that enable you to disseminate and exchange thoughts and opinions to and with other members of the public. Since InfoTrax
Systems firmly believes in the value of free and open dissemination and exchanges, it is under no obligation to monitor,
pre-screen, or otherwise censor your thoughts and opinions or the thoughts and opinions of other users. Therefore, InfoTrax
Systems cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or
timeliness of such thoughts and opinions. Always use caution when posting any personally identifying information about
yourself or your children on the Evo sites.
You, and not InfoTrax Systems, are entirely responsible for all
information, data, text, software, music, sound, photographs, messages or other materials ("Member Content") posted via the
Service. InfoTrax Systems does not control the Member Content posted via the Service and as such, does not guarantee the
accuracy, integrity or quality of such content. With respect to the content on your Member Evo sites you agree not to:
post, broadcast, upload or otherwise transmit any content not related to appropriate subject matters;
post, broadcast, upload or otherwise transmit any content which is misleading to others, including, but not limited to, consumers;
post, broadcast, upload or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
post, broadcast, upload or otherwise transmit any content that you do not have a right to post and transmit under any law or
contractual or fiduciary relationships (such as information learned or disclosed as part of employment relationships or under
post, broadcast, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the
infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
post, broadcast, upload or otherwise transmit any materials that contain software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
post, broadcast, upload or otherwise transmit any materials which imposes an unreasonable or disproportionately large load
on our infrastructure;
post, broadcast, upload or otherwise transmit any content that is harmful to minors;
post, broadcast, upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "spam,"
"chain letters," "pyramid schemes," or any other form of solicitation;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, including,
but not limited to, regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the
New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations which have the force of law;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge or otherwise manipulate any headers or identifiers in order to disguise the origin of any content transmitted through the service;
collect or store personal data about any other individual;
promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual,
or promote any act of cruelty to animals;
attempt to access the accounts of others, or attempt to penetrate security measures of InfoTrax Systems, Partner or other entities
using the "Powered by InfoTrax" trademark and other trademarks of InfoTrax Systems, whether or not the intrusion results in corruption or loss of data; and/or
resell or exploit for any commercial purpose InfoTrax System's services by any and all means.
InfoTrax Systems may, in its sole discretion, terminate your Evo Account, member sites, or password for violating any of the prohibitions listed above.
Additionally, while we believe in each person's right to
express themselves, sometimes the words you want to speak will be inappropriate for the community at large. For this reason,
we may from time to time ask you to place some of your content behind password protection if we believe such content, while
not in violation of these terms of service, is inappropriate for the community at large. If we ask you to place your
content behind password protection and you fail to do so promptly, we at our sole option may choose to (a) place such
content behind password protection ourselves, or (b) terminate these Terms of Service and your InfoTrax Systems account.
Furthermore, in cases where we have asked you to place content behind password protection or the content otherwise
appropriately belongs behind password protection, you may not publish your password in such a way that negates the limited
access nature of the password protected Evo site.
InfoTrax Systems has a zero tolerance Spam policy. Any user who
sends Spam emails using an InfoTrax Systems trademark or web site address or the trademarks or web site addresses of any of
our partners may be immediately terminate from any or all online services provided by InfoTrax Systems or one of our
partners. Any user who causes damage to our servers or loss of business or otherwise causes interruption from normal service
due to violation of this policy will be held liable for those damages or loss of business. The definition of Spam or
Spamming includes, but is not limited to, any of the following:
Sending any email or fax with an InfoTrax Systems trademark or
web site address or the trademarks or web site addresses of any of our partners as an advertisement to anyone as part of an
Sending any email or fax with an InfoTrax Systems trademark
or web site address or the trademarks or web site addresses of any of our partners to anyone that has not requested this
information from you first.
Sending any email or fax with an InfoTrax Systems trademark or
web site address or the trademarks or web site addresses of any of our partners to any type of "Safe List" or through any
type of "Safe List" service.
Sending any email or fax with an InfoTrax Systems trademark or
web site address or the trademarks or web site addresses of any of our partners as part of an email that is sent as a result
of a posting to a classified ad site or guest book or Links site.
Spam and Advertising Policy
InfoTrax Systems has a zero tolerance Spam policy. Any user who sends Spam emails using an InfoTrax Systems trademark or web site address or the trademarks or web site addresses of any of our partners may be immediately terminated from any or all online services provided by InfoTrax Systems or one of our partners.
Any user who causes damage to our servers or loss of business or otherwise causes interruption from normal service due to violation of this policy will be held liable for those damages or loss of business.
The following constitute the definition of Spam or Spamming:
Sending any email or fax with an InfoTrax Systems trademark or web site address or the trademarks or web site addresses of any of our partners as an advertisement to anyone as part of an initial contact.
Sending any email or fax with an InfoTrax Systems trademark or web site address or the trademarks or web site addresses of any of our partners to anyone that has not requested this information from you first.
Sending any email or fax with an InfoTrax Systems trademark or web site address or the trademarks or web site addresses of any of our partners to any type of "Safe List" or through any type of "Safe List" service.
Sending any email or fax with an InfoTrax Systems trademark or web site address or the trademarks or web site addresses of any of our partners as part of an email that is sent as a result of a posting to a classified ad site or guest book or Links site.
Third Party Content
For your convenience, the Evo sites contain content and
information from InfoTrax System's partners and/or links to partner web sites ("Third Party Content"). Such content
is not under the control of InfoTrax Systems and InfoTrax Systems is not responsible for such content, including, without
limitation, any link contained in such content, or any changes or updates to such content. InfoTrax Systems is providing
such Third Party Content to you only as a convenience, and the inclusion of such content does not imply endorsement by
InfoTrax Systems of such content or the affiliate. You may be subject to additional and/or different terms, conditions,
and privacy policies when you use third party services, content, software, or sites.
InfoTrax Systems is not and will not be responsible for (i) the
terms and conditions of any transactions between you and any third party, (ii) any insufficiency of or problems with any
such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third
party or any other legal liability arising out of or related to the performance of such services. In the event that you have
a dispute with any such third party, you release InfoTrax Systems (and its affiliates, and consequential) of liability of
every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way
connected with such disputes.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE AND OUR SUPPLIERS PROVIDE OUR
SERVICE, THE EVO SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. (B) INFOTRAX SYSTEMS MAKES NO WARRANTY
THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET
YOUR EXPECTATIONS. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SERVICE, THE EVO SITE,
IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
IN NO EVENT SHALL INFOTRAX SYSTEMS AND/OR OUR SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF INFOTRAX SYSTEMS OR ANY
OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR
INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE EVO SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THE EVO SITE.
Proprietary Rights for Evo Site
InfoTrax Systems does not claim ownership of the
content you place on any Member Evo site or within any service. By using your Member Evo sites, you grant InfoTrax Systems
a worldwide, royalty-free non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with
information provided by third parties, and publicly display your content on and through the Evo sites, and co-branded or
mirrored versions of such sites, and in InfoTrax System's promotional or advertising materials, and (ii) sublicense to third
parties such content to the extent necessary for the creation and maintenance of, in part or in whole, such sites.
Some Evo sites contain copyright material and all
proprietary rights in that material remains the property of your member company. Reproduction, redistribution and
transmission of any information contained in this Evo site is strictly prohibited save that Evo subscribers may download and
reproduce materials from Evo for their own personal use.
You agree to indemnify and hold InfoTrax Systems and its,
suppliers, affiliates, partners, subsidiaries, employees harmless from any and all claims and demands, including, but not
limited to, reasonable attorneys' fees, made by any third party due to or arising out of any information, including but not
limited to member information, and your publicly posted information, submitted, posted, or otherwise provided by you to your
Member Evo site and/or InfoTrax Systems and/or its affiliates.
All materials on the Evo sites (as well as the organization and layout
of the InfoTrax Systems web site) are owned and copyrighted or licensed by InfoTrax Systems, its affiliates or its
suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the Evo sites
is permitted without the written permission of InfoTrax Systems. Any rights not expressly granted herein are reserved.
We respect the intellectual property rights of others and we ask our members to do the same.
InfoTrax Systems, Evo sites, the
Evo logo, the "Powered by Evo" logo, DataTrax 2, and other InfoTrax Systems logos and
product and service names are trademarks of InfoTrax Systems. Without InfoTrax System's prior permission, you agree not to
display or use in any manner, the InfoTrax Systems Marks.
InfoTrax Systems reserves the rights at any time and from time to
time to modify, discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You
agree that InfoTrax Systems shall not be liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
InfoTrax Systems and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or remove any content that is posted by you or any other party to your Member
Evo sites. You further agree that InfoTrax Systems shall have the right to remove Elements from your member Evo sites, your
Evo account, with or without notice to you, at any time at our sole discretion, if we discontinue offering the Element for
any reason. You further agree that InfoTrax Systems, in its sole discretion, may terminate your password, your member Evo
sites, your Evo account or your use of the Service for any reason, including, without limitation, if you breach these Terms
of Service, for lack of use, if we are unable to verify or authenticate any information you provided to us, or if InfoTrax
Systems believes that you have violated or acted inconsistently with the spirit of these Terms of Service. We may also
terminate your member Evo sites and/or Evo account if we decide, in our sole discretion, to discontinue offering our
These Terms of Service shall be governed in all respects by
the laws of the State of Utah, U.S.A. as such laws are applied to agreements entered into and to be performed entirely
within Utah between Utah residents. Both parties submit to exclusive jurisdiction and venue in Utah and further agree that
any cause of action arising under these Terms of Service shall be brought in a court in Utah County, Utah. If any provision
of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act
with respect to subsequent or similar breaches. You may not assign or transfer these Terms of Service or your rights in your
member Evo sites, and any attempt to the contrary is void. These Terms of Service sets forth the entire understanding
and agreement between us with respect to the subject matter hereof. The section titles in the Terms of Service are for
convenience only and have no legal or contractual effect. A printed version of this Agreement shall be admissible in
judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained in printed form.
The services hereunder are offered by InfoTrax Systems, located at 1815 South State Street, Suite 4500, Orem, UT 84097.
Please read the following community standards and
encourage you to promote your site in ways
that facilitate learning, and growth in your organizations.
inappropriate to speak offensively, use vulgarity, or reference hateful
material as a Host or Attendee of a site within our
community.(Note that there are
certain types of content, specified in the Terms of Service, that are not
permitted in your content at all.)
provides you with unfiltered access to other people's content.We cannot, nor do we try to, control
all of the content available from our services.By its very nature, other people's content may be
offensive, harmful or inaccurate, and in some cases content will be
mislabeled or deceptively labeled.We expect that you will use caution - and common sense - when using
We encourage you to publicize your site, but sending spam or unsolicited e-mail to publicize your site is strictly prohibited. See the Spam Policy for futher information.
is a collaborative web site service. If you decide to give another person editing rights for your content, you will be taking complete responsibility for that person's contributions to your content. Therefore, you should clarify in advance with such people your expectations and guidelines for behavior on your site. Of course, they will need to agree to and behave in accordance with the Terms of Service as well.
accept editing privileges at content other than
your own, you should adhere to the guidelines established by the keeper of
that site. Collaboration will not succeed unless
everyone works together!
If you see any violations of our Terms of Service, or if you have any problems or
concerns, please email firstname.lastname@example.org.