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www.evi.com.hk Membership Agreement

This is a legal agreement between you ("Member") and the owner and operator of www.evi.com.hk ("EVI") with regard to your membership of EVI.  Please read this agreement carefully before submitting your registration.  By usage of any part of this system, site, or materials, you agree to the terms and conditions set forth in this agreement.  Once you become a member of EVI, you are bound by the terms and conditions of this agreement.  If you do not agree to this agreement, please do not register and use EVI's Service ("Service").

1.  ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS  

The Service is provided to Member under the terms and conditions of this agreement and any operating rules or policies that may be published by EVI.  This agreement comprises the entire agreement between Member and EVI and supersedes all prior agreements between the parties regarding the subject matter contained herein.  

BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

MEMBER MAY USE THE SERVICE PROVIDED BY AFFILIATED SITES OF EVI BY USING THE MEMBERSHIP OF EVI.  BY USING THE SERVICE PROVIDED BY ANY AFFILIATED SITE OF EVI, MEMBER AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE MEMBERSHIP AGREEMENT OF THAT AFFILIATED SITE.

2.  DESCRIPTION OF SERVICE

EVI is providing Member with a variety of services via the World Wide Web and on EVI's own system.   Member must: (1)provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2)provide for own access to the World Wide Web and pay any telephone service fees associated with such access.  

In consideration for the Service, Member agrees to: (1) provide certain current, complete, and accurate information about Member upon registration and (2) maintain and update this information as required to keep it current, complete and accurate.  All information requested on original sign up shall be referred to as registration data ("Registration Data"). 

Member grants EVI the right to disclose to third parties certain Registration Data about Member and Service membership in the aggregate.  However, such disclosures will exclude Member's name, mailing address, email address, account and phone number, unless: (1) Member expressly directs EVI, or any other person Member may specifically designate to disclose such information through the Service as provided by the Service or (2) EVI is required to disclose such information by any applicable law or legal process served on EVI.

If any information provided by Member is inaccurate, EVI retains the right to terminate Member's membership and rights to use the Service.

3.  MODIFICATIONS TO TERMS OF SERVICE

EVI may change the terms and conditions of this agreement from time to time.   Member's continued use of the Service constitutes an affirmative: (1) acknowledgment by Member of this agreement and its modifications; and (2) agreement by Member to abide and be bound by this agreement and its modifications.

4.  MODIFICATIONS TO SERVICE

EVI reserves the right to modify or discontinue any or all of the Service with or without notice to Member.

EVI shall not be liable to Member or any third party should EVI exercise its right to modify or discontinue the Service.

5.  PRIVACY POLICY

It is EVI's policy to respect the privacy of its Members.  Therefore, in addition to the privacy of registration data as discussed in Section 2 above, EVI will not monitor, edit, or disclose the contents of a Member's private communications through the Service unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the order of the law or comply with legal process served on EVI; (2) protect and defend the rights or property of EVI; or (3) act under exigent circumstances to protect the personal safety of its members or the public.

Member acknowledges and agrees that EVI neither endorses the contents published by any Member through using the Service nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.

6.  MEMBER I.D., PASSWORD, AND SECURITY

Once you become a member of the Service, you shall receive a Member Login Name and a password for your account.  You are entirely responsible if you do not maintain the confidentiality of your Login Name, password and any other information of your account.  Furthermore, you are entirely responsible for any and all activities which occur under your account.  You may change your password at any time by following instructions.

Member agrees to immediately notify EVI of any unauthorized use of Member's account or any other breach of security known to Member.

7.  DISCLAIMER OF WARRANTIES

MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK.  THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

EVI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

EVI MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES EVI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.  

MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

EVI MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM EVI OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8.  LIMITATION OF LIABILITY

EVI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF EVI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9.  NO RESALE OR COMMERCIAL USE OF THE SERVICE

Member's right to use the Service is personal to Member.  Member may only be an individual. Member may not be a corporation or other business entity.  Member agrees not to resell or make any commercial use of the Service, without the express consent of EVI.  

10.  MEMBER CONDUCT

Member is solely responsible for the contents of his or her transmissions through the Service.

Member's use of the Service is subject to all applicable local, state, national and international laws and regulations.  

Member agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.

The Service makes use of the Internet to send and receive certain messages; therefore, Member's conduct is subject to Internet regulations, policies and procedures.  Member will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.

Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.  Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.  Attempts to gain unauthorized access to other computer systems are prohibited.  

Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.

EVI may, at its sole discretion, immediately terminate the Service should Member's conduct fail to conform to these terms and conditions of this agreement.

11.  INDEMNIFICATION

Member agrees to indemnify and hold EVI, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of this agreement by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity.  

12.  TERMINATION

Either Member or EVI may terminate the Service with or without cause at any time and effective immediately.  Member's Termination shall be accompanied by a written notice to EVI.  EVI shall not be liable to Member or any third party for termination of Service.

Should Member object to any terms and conditions of this agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify EVI of termination.

Upon termination of the Service, Member's right to use the Service immediately ceases. 

EVI retains the right, at EVI's sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of this agreement and may terminate the Service if a Member's conduct is found to be inconsistent with this agreement.

13.  NOTICE

All notices to a party shall be in writing and shall be made either via email or conventional mail.  EVI may publish notices or messages through the Service to inform Member of changes to this agreement, the Service, or other matters of importance; such publication shall constitute notice to Member.

14.  PARTICIPATION IN PROMOTIONS OF ADVERTISERS

Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service.  Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser.  EVI assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.  

15.  PROPRIETARY RIGHTS TO CONTENT

Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Member by the Service ("Content") by EVI or EVI's Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Advertiser.  Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.  

16.  LAWS

This agreement shall be governed by and construed in accordance with the laws of the state of California, excluding its conflict of law provisions.

Member and EVI agree to submit to the exclusive jurisdiction of the courts of the state of California.

If any provision(s) of this agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

EVI's failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by EVI in writing.

Member and EVI agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The section titles in this agreement are solely used for the convenience of the parties and have no legal or contractual significance.