Website Terms of Use

Last updated on 06-03-2024

The following Envol Strategies Website Terms of Use, together with any documents and additional terms they expressly incorporate by reference (as updated from time to time, the “Terms of Use”) govern your access to and use of: (a) our website located at https://envolstrategies.com (the “Website”); and (b) any text, pictures, designs, images, videos, illustrations, music, sound, articles, publications, media, data, information, materials, and any other electronic or digital content (collectively, the “Content”) contained on or provided through the Website.

These Terms of Use form an agreement between Envol Solutions Inc., the company operating under the name of Envol Strategies (“Envol”, “us”, “we”, “our”) and you. The term “you” refers to the person or entity browsing, accessing or otherwise using the Website, including any Content (“use” or “using” in these Terms of Use will mean any of the foregoing).

BY USING THE WEBSITE, YOU: (A) REPRESENT AND WARRANT THAT (I) YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION, AND (II) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS, AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 1.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us, including any professional services agreements, retainers, or project agreements.

Changes to these Terms of Use and the Website
Privacy
Conditions of Use
Ownership of the Website
User Data
Communications Not Confidential; Malicious Code and Security
No Reliance
Links
General Disclaimer
Limitation of Liability
Indemnification
Terms and Termination; Survival
General Provisions
Contact Us

1.0 – Changes to these Terms of Use and the Website

Except where prohibited by applicable law, we reserve the right, in our sole discretion, to change these Terms of Use at any time by posting a new version to the Website. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. It is your obligation to monitor the Website for any such changes. Your continued access to or use of the Website after any changes to these Terms of Use indicates your acceptance of such changes.
We reserve the right to modify or discontinue the Website, or any information, materials, and Content on the Website at any time, without notice and without any liability to you.

2.0 – Privacy

Please review our current privacy policy, available here, which contains important information about our practices in Handling information about identifiable individuals (“Personal Information”), and which is hereby incorporated into and forms a part of these Terms of Use.

By using this Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately. For more information on our automated information gathering practices, see here.

3.0 – Conditions of Use

You agree that, in using the Website, including the Content, you shall not:

in any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding patent, trademark, trade secret or copyright;
disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Website (e.g., a denial of service attack)
use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Website or any part thereof or otherwise attempt to discover any source code;
publish, market, advertise or in any way distribute the Content without our prior written consent;
create, collect, transmit, store, use or process any User Data: (i) that contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) that you do not have the lawful right to create, collect, transmit, store, use or process; (iii) that violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity);
promote any illegal activity, or advocate, promote, or assist any unlawful act;
use the Website for the purpose of building a similar or competitive product or service; or
authorize, permit, enable, induce or encourage any third party to do the above.

4.0 – Ownership of the Website

All rights, title and interest, including intellectual property rights (including copyright, trade-mark and other intellectual property laws and treaty provision laws), in and to the Website and the Content, designs, graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Website Site or in the Content and any updates, adaptation, translation, customization or derivative works of or to the Website or the Content, will remain the sole property of us (or our third-party partners or licensors, if applicable).
The Website and all other materials provided by us in connection with the Website, including the Content, are protected by copyright in Canada, the United States and elsewhere in the world pursuant to the Berne Convention. You are prohibited from modifying, copying, reproducing, publishing, posting, transmitting, distributing, creating derivative works from, decompiling, transferring or selling any part of the Website or the Content.
Any trademarks, names, graphics, logos or other identifying marks appearing on the Website or in the Content are the exclusive property of us (or our third-party partners or licensors, as applicable) and may not be used in any manner without our express written consent.
All rights not expressly granted to you in these Terms of Use are reserved by us.

5.0 – User Data

You grant to us and our affiliates and service providers, and each of our respective licensees, successors and assigns, an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, transferable and sublicensable licence to access, collect, use, reproduce, host, transmit, and disclose (collectively, “Handle”) any data, information, records or files that you load, transmit to or enter into, or that we collect from your access or use of the Website or that you otherwise make available to Envol (collectively, “User Data”) for purposes of providing the Website, improving our Website and our other offerings and generating aggregated anonymized data.
You represent and warrant to us that: (i) your User Data will only contain your own Personal Information or Personal Information in respect of which you have provided all necessary notices and disclosures, obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by applicable laws, to enable us to Handle the User Data as contemplated under these Terms of Use; (ii) you own or control the appropriate rights in and to your User Data, including any intellectual property owned by third parties; (iii) you will not submit, upload, or otherwise make available via the Website, any User Data that: (A) you do not have the rights necessary to use, transmit, publish, or to grant us the license as described herein; (B) infringe, misappropriate, or otherwise violate any intellectual property, publicity or other rights of any third party; or (C) breach or violate any applicable laws or these Terms of Use; and (iv) your User Data will always be true and accurate.

6.0 – Communications Not Confidential; Malicious Code and Security

We do not guarantee the confidentiality of any communications made to you through the Website. We do not guarantee the security of data (including any User Data) transmitted over the Internet or public networks in connection with your use of the Website. The downloading and viewing of Content is done at your own risk. We do not guarantee or warrant that the Website is compatible with your computer system or that the Website, or any links from the Website, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties.

7.0 – No Reliance

The Website and the Content is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the Content. Your use of the Website is at your own risk and neither us nor our parent, subsidiaries, affiliates, or their or our respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website.

8.0 – Links

The Website may provide links to third party web sites and services that are owned and operated by third parties and therefore not affiliated with us for such purpose. Envol does not endorse the information contained in those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under Envol’s control and if you choose to access any such web site, you do so entirely at your own risk. Consequently, Envol cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness, or completeness of the information contained on such websites or services.

9.0 – General Disclaimer

YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE WEBSITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, ALONG WITH OUR AFFILIATES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS (COLLECTIVELY, THE “ENVOL PARTIES”), DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE AND CONTENT, WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES, REPRESENTATIONS AND CONDITIONS OF COMPATIBILITY,SECURITY, RELIABILITY, COMPLETENESS, ACCURACY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, TITLE AND NON-INFRINGEMENT, OR ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS ARISING OUT OF COURSE OF DEALING, OR THAT THE WEBSITE OR CONTENT ARE OR WILL BE ERROR-FREE, VIRUS-FREE OR WILL OPERATE WITHOUT INTERRUPTION OR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ENVOL PARTIES DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD-PARTY COMMUNICATIONS AND ANY THIRD-PARTY WEBSITES OR CONTENT ACCESSED THROUGH THE WEBSITE.

10.0 – Limitation of Liability

IN NO EVENT WILL THE ENVOL PARTIES BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE OR OTHERWISE, INCLUDING ANY LOST PROFITS, LOSS OF USE OR DATA, FINES, FEES, PENALTIES, OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT THE ENVOL PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM TO THE USE OR THE INABILITY TO MAKE USE OF THE WEBSITE, OR THE CONTENT.

TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT PERMITTED BY OR EFFECTIVE UNDER APPLICABLE LAW, IN NO EVENT WILL THE ENVOL PARTIES’ TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS OF USE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE WEBSITE OR CONTENT, EXCEED CA$10. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.

11.0 – Indemnification

You will defend, indemnify and hold harmless the Envol Parties and each of their respective officers, directors, employees, agents, independent contractors, advertisers and partners, and any licensees, successors and assigns from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable legal and accounting fees, arising out of or in connection with: (a) your use of the Website or Content; (b) your User Data; or (c) any violation or alleged violation by you of any provision of these Terms of Use.

12.0 – Term and Termination; Survival

These Terms of Use will commence on the day you first access or use the Website or Content and will continue for as long as you access or use the Website or Content, unless earlier terminated in accordance with the provisions of these Terms of Use (the “Term”). At any time, we may immediately suspend or terminate your rights to access or use the Website or Content. You may terminate these Terms of Use at any time and with immediate effect by ceasing use of the Website and Content and deleting or destroying any copies of the Content in your possession or control. For greater certainty, if you continue to access or use any portion of the Website or Content after these Terms of Use have been terminated, these Terms of Use will continue to apply to the extent of such access or use.
The following Sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survive expiration or termination of these Terms of Use for any reason: Sections 2 (Privacy), 3 (Conditions of Use), 4 (Ownership of Website), 5 (Communications Not Confidential; Malicious Code and Security, 8 (General Disclaimer), 9 (Limitation of Liability), 10 (Indemnification), 11(b) (Survival), and 12 (General Provisions).

13.0 – General Provisions

Choice of Law. Except as restricted by applicable law, these Terms of Use will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law and these laws apply to the use of the Website or the Content by you, notwithstanding your domicile, residency or physical location. The Website and the Content are intended for use only in jurisdictions where it may lawfully be offered for use.Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Vancouver, British Columbia, Canada in all disputes arising out of or relating to the use of the Website or Content. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights in any appropriate jurisdiction.
Entire Agreement. These Terms of Use, including any documents referenced herein, constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Website. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Waiver. The failure of either party to assert any right under these Terms of Use shall not be considered a waiver of that party’s right and that right will remain in full force and effect.
Severable. If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.
Assignment. You will not assign these Terms of Use to any third party without our prior written consent. We may assign, delegate or otherwise transfer these Terms of Use (or any of our rights or obligations) under these Terms of Use to any third party without notice to you and without your consent. Any assignment in violation of this Section will be void. The terms of these Terms of Use will be binding upon permitted assignees. These Terms of Use will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.
Dispute Resolution. If you believe that we have not adhered to these Terms of Use, please contact us using the contact information listed below. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
English Language. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

14.0 – Contact Us

If you have any questions or comments regarding these Terms of Use or the Website, please contact us at: [email protected] or at (1.866.306.6805).