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Terms and conditions for use for world wide web sites owned,
operated or controlled by Novoto. |
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PLEASE READ CAREFULLY |
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By accessing, browsing and/or using
the pages in any Site owned, operated or controlled by Novoto, you agree to the terms and conditions set forth here. If you do not agree, you should
not use Novoto Sites. If you are currently a party to a separate, written agreement with Novoto that has terms that are inconsistent with these
Terms and Conditions of Use, the terms of that Agreement will apply to matters that are within the scope of the Agreement. |
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ELECTRONIC COMMUNICATIONS |
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When you visit Novoto Sites or
send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will
communicate with you by e-mail or by posting notices on Novoto Sites. You agree that all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal requirement that such communications be in writing. |
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COPYRIGHT |
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All content included on Novoto
Sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of
Novoto, or their content suppliers and is protected by United States and international copyright laws. The compilation of all content on Novoto
Sites is the exclusive property of Novoto and is protected by United States and international copyright laws. |
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USE |
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Viewing a Novoto Site creates a copy
of Novoto materials in your computer's random access memory and/or in your hard drive and/or in your proxy server. You are hereby permitted to view
this site and to print pages for your own personal, noncommercial use, provided that you do not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, printouts or services from Novoto
Site. The materials published on Novoto Sites may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the
prior written consent of Novoto. |
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TRADEMARKS |
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The trademarks, service marks and
logos (the 'Trademarks') used and displayed on Novoto Sites are registered and unregistered trademarks of Novoto. Nothing on any Novoto Site
should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the site without
the prior written consent of the Trademark owner. Novoto is a registered trademark owned by Novoto. Novoto Trademarks may not be used in connection
with any product or service that is not manufactured by or under license from Novoto. |
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LINKS |
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Novoto Sites may include links to
other sites that contain information created, published, maintained or otherwise posted by organizations independent of Novoto. Novoto provides
these links only as a convenience, and does not endorse, approve, certify, maintain or control these external sites and does not guarantee the
accuracy, completeness, efficacy, timeliness or correct sequencing of information located at such sites. Novoto reserves the right to remove these
links at any time and without notice.
Other parties may provide links to Novoto Sites. Novoto does not require third parties to obtain Novoto's
consent prior to linking to Novoto Sites. Such links may not, however, include frames or other features that distort, mischaracterize or misrepresent
the source or ownership of materials on Novoto Sites or disparage or are otherwise detrimental to Novoto. Novoto assumes no responsibility for the
content of sites that include links to Novoto Sites, and makes no warranties or representations whatsoever with respect to such sites. No materials
may be posted on Novoto Sites without the express written permission of Novoto. |
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PRODUCTS AND PRICING |
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Terms and Conditions of Sale,
product prices, configurations and availability are subject to change at any time by Novoto. |
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DISCLAIMER |
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THE MATERIAL IN NOVOTO SITES MAY
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NOVOTO MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE MATERIALS IN THIS
SITE ARE PROVIDED 'AS IS' AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. NOVOTO DISCLAIMS ALL WARRANTIES AND
CONDITIONS EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. NOVOTO DOES NOT WARRANT THE AVAILABILITY OF NOVOTO SITES, THAT NOVOTO SITES AND YOUR USE OF NOVOTO SITES WILL BE UNINTERRUPTED
OR ERROR-FREE, THATDEFECTS WILL BE CORRECTED, OR THAT NOVOTO SITES OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES, WORMS, OR OTHER
HARMFUL COMPONENTS. NOVOTO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF NOVOTO SITES AND/OR THE
MATERIALS IN NOVOTO SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICATBILITY OR OTHERWISE. YOU (AND NOT NOVOTO)
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE RESTRICTION MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS DO NOT
PERMIT LIMITATIONS OF IMPLIED WARRANTIES AND/OR DAMAGES. NOTHING IN THIS SECTION SHALL AFFECT YOUR STATUTORY RIGHTS. |
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APPLICABLE LAW |
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By visiting a Novoto Site,
you agree that the laws of the State of Texas, United States of America, without regard to conflict of law principals that would dictate
selection of another jurisdiction's laws, will apply to these Terms and Conditions of Use and any dispute of any sort that may arise between
you and Novoto. |
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DISPUTES |
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Any dispute between you and Novoto
concerning a Novoto Site or the materials located at a Novoto site shall be submitted to final and binding arbitration as the sole and exclusive
remedy for such controversy or dispute, provided, however, that Novoto may commence action against you in a court of law for infringement of
Novoto's intellectual property rights. Any claim required to be submitted to arbitration shall be made by filing a demand for arbitration within
one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall
be governed exclusively by the United States Federal Arbitration Act and will take place according to the Commercial Rules of the American
Arbitration Association. The arbitration will be held in Austin, Texas. Each party shall bear all of its own costs of arbitration, except that
the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of
this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment in a United States Court of Law. |
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MODIFICATION TO TERMS AND CONDITIONS |
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Novoto can revise the Terms and
Conditions at any time by modifying or updating this posting. Your use of a Novoto Site on or after the effective date of any such modification
or update will constitute your acceptance of these Terms and Conditions as modified and/or updated. |
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SEVERABILITY |
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If any of these terms and conditions is
deemed invalid, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and
enforceability of the remaining terms and conditions.
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