Please read carefully before using this Website and/or any Product or Service available from this Website or Ovation Data Services, Inc.:
For purposes herein, Ovation Data Services, Inc. and its subsidiaries and affiliated companies are collectively referred to as “OvationData.”
You may not interfere with the security of or otherwise abuse the Site or any system resources, Services or networks connected to or accessible through the Site. You may only use the Site for lawful purposes.
2. Changes to Terms
The Website is administered by OvationData from its offices in the United States and is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its Content and Services are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. OvationData makes no representation that the information, opinions, advice or other Content on the Website is appropriate or that its Services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
4. Scope of Use
You may not reverse engineer or misappropriate any portion of the Content or Services on this Website, or the design or layout of the Website. You may not systematically or automatically retrieve or bulk download data from the Website that you do not own or have a valid license or other contractual right to use.
5. Intellectual Property
All Content on the Site may be subject to trademark, service mark, trade dress, internet domain name, copyright, patent, and/or other intellectual property rights or licenses, including rights and licenses held by OvationData, one of its affiliates, or by third parties who have licensed their materials to OvationData.
No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading, or printing such materials, unless otherwise specified for specific Content. Except as expressly provided under the “Scope of Use” Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of OvationData. You may not use a part of this Website on any other Website, without OvationData’s prior written consent.
The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of OvationData or other third parties. You are not permitted to use the Marks without the prior written consent of OvationData or such third party that may own the Marks.
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of OvationData is strictly prohibited.
OvationData respects the intellectual property rights of others and expects our users to do the same. OvationData reserves the right to terminate the accounts of its users, at its own discretion, for any reason, including for violations of intellectual property rights. If you believe that your non-copyright intellectual property rights have been infringed, please contact us at firstname.lastname@example.org. If you believe that your rights in copyright have been violated, please follow the express provisions of the Digital Millennium Copyright Act set forth below.
6. Digital Millennium Copyright Act
OvationData respects the intellectual property of others and takes claims of copyright infringement seriously. OvationData will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any material (including data) located on or available through the Company’s services, including its website or site, infringes your copyright or is the subject of infringing activity, you may request that OvationData remove or disable access to such material by submitting written notification to the copyright agent OvationData has designated with the United States Copyright Office (“Copyright Agent”) at the following address:
Ovation Data Services, Inc.
c/o Copyright Agent
14199 Westfair East Drive
Houston, TX 77041-1105 USA
Phone: +1 713-464-1300
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notification must include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If your written notification fails to substantially comply in supplying the information required under the DMCA, your written notification may be ineffective. Our Copyright Agent will promptly attempt to contact you or take other reasonable steps to assist in the receipt of notification that substantially complies.
Please be aware that if you knowingly materially misrepresent that material or activity on the site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material on the site was removed or access to it was disabled by mistake or misidentification, you may request that OvationData replace the removed material and cease disabling access to it by submitting a written counter notification to our Copyright Agent at the following address:
DMCA Counter Notifications
Ovation Data Services, Inc.
c/o Copyright Agent
14199 Westfair East Drive
Houston, TX 77041-1105 USA
Phone: +1 713-464-1300
Pursuant to the DMCA, your written counter notification must include substantially the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Harris County, State of Texas, if your address is outside of the United States), and that you will accept service of process from the person, or the person’s agent, who provided notification of the alleged copyright infringement.
Following receipt of your written counter notification by our Copyright Agent, OvationData will promptly provide a copy of your written counter notification to the person, or the person’s agent, who provided notification of the alleged copyright infringement, and inform that person that OvationData will replace the removed material and/or cease disabling access to it in ten (10) business days.
The DMCA allows OvationData to replace the removed material and cease disabling access to it in ten (10) to fourteen (14) business days following receipt by our Copyright Agent of your written counter notification, unless our Copyright Agent first receives notice from the person, or the person’s agent, who provided notification of the alleged copyright infringement that said person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the site.
Please be aware that if you knowingly materially misrepresent that material or activity on the site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
7. Communications and Submissions
You may not link to this Website without OvationData’s written permission. If you are interested in linking to this Website, please contact OvationData at email@example.com
9. No Unlawful or Prohibited Use
As a condition of your use of the Website, you agree and warrant to OvationData that you will not use the Website for any purpose or manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Website, or that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website, its Content, including software products, or Services in violation of any applicable state, federal, local, or other laws or regulations. You expressly agree and warrant to OvationData that you will obtain all necessary permits and permissions, if any are required for your application, to use Contents or Services provided or offered through this website.
You may not post or otherwise transmit unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users of this Site. Inquiries regarding a commercial relationship with OvationData should be directed to OvationData at firstname.lastname@example.org
10. No Warranties
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND OVATIONDATA OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY’S CONTENT OR SERVICES ON THIS SITE, THIS SITE, AND ALL MATERIALS, PRODUCTS, CONTENT, AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, OVATIONDATA MAKES NO WARRANTY THAT (i) THE SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND CONTENTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR CONTENT PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR CONTENT, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. OVATIONDATA MAY MAKE CHANGES TO THE CONTENTS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND OVATIONDATA MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) OVATIONDATA DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT (INCLUDING DATA UPLOADS OR OTHER MATERIALS), PRODUCTS, OR SERVICES SUBMITTED OR OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY CUSTOMERS/USERS, THIRD-PARTY VENDORS, AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) OVATIONDATA MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) OVATIONDATA SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.
11. Limitation of Liability
YOU EXPRESSLY AGREE TO WAIVE AND HEREBY WAIVE, AND SUCH AGREEMENT AND WAIVER BEING AN ESSENTIAL PART OF THIS AGREEMENT, ANY AND ALL CLAIMS AND LIABILITIES AGAINST OVATIONDATA THAT ARISE FROM YOUR USE OF THIS WEBSITE, CONTENTS, OR SERVICES IN VIOLATION OF ANY FEDERAL, STATE, OR LOCAL LAWS OR REGULATIONS.
UNDER NO CIRCUMSTANCES, SHALL OVATIONDATA OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR ANY CONTENT OR SERVICES RELATED TO THE SITE, INCLUDING SOFTWARE PRODUCTS SOLD THROUGH THE SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, OR OTHER TORTUOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OVATIONDATA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY OVATIONDATA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
13. Governing Law and Arbitration
14. Separate Agreements
15. No Professional Advice
The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. It is not professional advice, and should not be construed as such.
16. User Submissions and Communications
17. Accounts and Security