Terms of use

Please read carefully before using this Website and/or any Product or Service available from this Website or Ovation Data Services, Inc.:


1. Overview

 

For purposes herein, Ovation Data Services, Inc. and its subsidiaries and affiliated companies are collectively referred to as “OvationData.”

 

OvationData makes this internet website (the “Website” or “Site”), including all information, documents, communications, files, text, graphics, software, and other products available through the Site (collectively, the “Content”) and all products and services provided and operated by OvationData and/or third parties through the Site (“Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that OvationData may publish from time to time (collectively, the “Terms of Use”).  Certain standalone Content and Services, including OvationData’s data processing and storage services, may also be subject to additional specific terms and conditions (“Product Terms and Conditions”) that differ from the Site’s Terms of Use, and in the event of a conflict between the Product Terms and Conditions and the Terms of Use, the Product Terms and Conditions control.

 

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.

 

OvationData believes in protecting your privacy.  Please review our current privacy policy (“Privacy Policy”), which can be found at https://www.ovationdata.com/privacy and is incorporated herein by reference, to understand and agree to our policies regarding your privacy.

 

BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, USE OF ANY OF THE CONTENT OR SERVICES, POSTING OF ANY THIRD PARTY CONTENT, DOWNLOADING OF ANY CONTENT, OR MERELY BROWSING THE SITE, YOU AGREE TO AND ARE BOUND BY THE TERMS OF USE AND PRIVACY POLICY, AND IF YOU DO NOT ACCEPT THESE TERMS OF USE AND PRIVACY POLICY AND/OR YOU DO NOT MEET OR COMPLY WITH THEIR PROVISIONS, YOU MAY NOT USE THE WEBSITE.

 

2. Changes to Terms

 

OvationData may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

 

3. Jurisdiction

 

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

 

When using Content or Services on this Site that are offered by OvationData, or by a third party through OvationData, you shall be subject to terms, guidelines, rules, or licenses, including software licenses, applicable to such Content or Services and to the Terms of Use. Such terms, guidelines, rules, or licenses, such as the Product Terms and Conditions, may be in addition to those in this Terms of Use. You expressly agree to abide by and not violate such applicable or additional terms, guidelines, rules, or licenses, including software licenses, master service agreements, or other service contracts, and in the event of a conflict with these Terms of Use, such additional terms, guidelines, rules, or licenses shall control. You further expressly agree (i) not to violate any applicable law or regulation, (ii) not to infringe the rights of OvationData or any third party (including intellectual property or contractual rights), (iii) not to use any Content or Services for any unauthorized purpose, or (iv) to assist any third party from doing any of the foregoing. A LISTING OF ADDITIONAL APPLICABLE LICENSES AND TERMS OF USE FOR CERTAIN PRODUCTS, CONTENT, OR SERVICES OFFERED BY OR THROUGH OVATIONDATA MAY BE REQUESTED FROM OVATIONDATA at info@ovationdata.com

 

This Site may also make Content, including user account and related personal information, available through secured links on the Site or otherwise through the World Wide Web (“Secured Content”). By accessing Secured Content and/or providing information that may be used or included as Secured Content, you agree, subject to the terms of the Privacy Policy, to waive any and all privacy, publicity, defamatory, moral, or similar rights or protections that you may have with regard to such Secured Content.  If you are not willing to waive such protections, then you are not permitted to access the Secured Content available on this Site.

 

In addition to the Content and Services provided by or through OvationData, this Site may also make available or use materials, information, products, including software, and/or services provided exclusively by third parties (collectively, the “Third-Party Content/Services”). The Third-Party Content/Services are governed by separate agreements that accompany such content and/or services, such as applicable terms of use, licenses, or open source agreements. OvationData offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Content/Services, including any liability resulting from the sale or use of any software offered or provided on the Site. You agree that, with respect to the Third-Party Content/Services, you will abide by any additional terms and conditions of use as applicable, and you will not hold OvationData responsible or liable, or seek to do so for any claims arising from such Third Party Content/Services. A LISTING OF ADDITIONAL APPLICABLE LICENSES AND TERMS OF USE FOR THIRD-PARTY CONTENT/SERVICES MAY BE REQUESTED FROM OVATIONDATA AT info@ovationdata.com

 

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.

 

The Contents and Services of the Site, and the site as a whole, are intended to primarily facilitate OvationData’s software, data storage, data processing, and related activities, as set-forth and defined by OvationData and subject to change by OvationData at any time, in OvationData’s sole discretion.  Permission is granted by OvationData to you, the user, to use the Content and Services on the Site in accordance with the Site’s Terms of Use and any other applicable Product Terms and Conditions, provided you (i) only use the Content and Services for your own personal, non-commercial use, unless otherwise permitted by written agreement with OvationData, (ii) do not modify or alter the Content or Services in any way, unless otherwise permitted by written agreement with OvationData or under any applicable third party license, and (iii) do not modify or delete the copyright, license, and other proprietary notices contained in the Content. You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, or create derivative works from the Content without first obtaining written permission from OvationData, or as otherwise specified in any other Product Terms and Conditions.

 

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 info@ovationdata.com.  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:

DMCA Complaints
Ovation Data Services, Inc.
c/o Copyright Agent
14199 Westfair East Drive
Houston, TX 77041-1105 USA
Phone: +1 713-464-1300

Email: dmca.agent@ovationdata.com

 

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:

 

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. 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;
  3. 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;
  4. 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.
  5. 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
  6. 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

Email: dmca.agent@ovationdata.com

 

Pursuant to the DMCA, your written counter notification must include substantially the following:

 

  1. Your physical or electronic signature;
  2. 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;
  3. 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
  4. 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

 

We welcome your comments regarding the OvationData Site and its Content and Services. However, any comments, feedback, messages, notes, ideas, suggestions or other communications and transmissions (collectively, the “Comments”) sent to this Site shall be and remain the exclusive property of OvationData. Any such Comments will be treated as non-confidential and non-proprietary and constitute an assignment to OvationData of all world-wide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. To the extent that an assignment is not legally permissible, you automatically grant to OvationData (or warrant that the owner of such information and material has expressly granted to OvationData) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to other such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. OvationData will be entitled to use, reproduce, disclose, publish and distribute any Comments you transmit for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas or computer code, without first contacting us to negotiate a non-disclosure agreement at our discretion. Notwithstanding the foregoing, all personal data provided to OvationData will be handled in accordance with OvationData’s Privacy Policy available at https://www.ovationdata.com/privacy OvationData prohibits, and you agree to not, post or transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, offensive, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You agree that by submitting information to the Site, you waive any and all privacy, publicity, moral, or similar rights or protections related to that information. OvationData is not responsible for the content of such materials that you post or transmit to or from this Site.

 

8.  Links

 

For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only. However, OvationData does not control or endorse such Websites and is not responsible for their products, services, or content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. This Terms of Use policy applies only to OvationData’s Website and the products and services OvationData offers.  If you decide to access any of the third party sites linked to this Website, you do so at your own risk. OvationData reserves the right to terminate any link or linking program at any time. OvationData disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

 

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 info@ovationdata.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 info@ovationdata.com

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.

 

THE USE OF THE CONTENT, SERVICES, OR THE DOWNLOADING OR OTHER USE OF ANY CONTENT OR COMMUNICATIONS THROUGH ANY PORTION OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. OVATIONDATA ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES, CONTENT, COMMUNICATIONS, OR EMAIL AS WELL AS CONTENT OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OVATIONDATA OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

 

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST. IN THE EVENT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS CONTAINED IN THESE TERMS OF USE SHALL BE DETERMINED BY A COURT TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

 

 

 

 

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.

 

IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH THE OVATIONDATA TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT SUCH USAGE IS AT YOUR SOLE RISK AND YOU ACCEPT THE TERMS AND CONDITIONS STATED ON THESE TERMS OF USE, INCLUDING, BUT NOT LIMITED TO THE LIMITATION OF LIABILITY AND DISCLAIMERS.

 

SOME STATES OR JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN THE EVENT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES CONTAINED IN THESE TERMS OF USE SHALL BE DETERMINED BY A COURT TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PARTS OF THE SITE, CONTENT, OR THE SERVICES IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED AND NO/100’S DOLLARS ($100.00).

 

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.

 

12. Indemnity

 

You agree to defend, indemnify, and hold OvationData, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

 

13.  Governing Law and Arbitration

 

These Terms of Use shall be governed in all respects by the laws of the State of Texas USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

 

Any proceedings arising from or relating to disputes involving these Terms of Use or this Website, Content, or Services, shall be brought and maintained exclusively in the federal or state courts located in Harris County, Texas, and you expressly agree, and hereby waive any objection, to venue therein.  

 

14. Separate Agreements

 

You may have other agreements with OvationData, such as master service or software license agreements. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with OvationData, and in the event of a conflict with these Terms of Use, such other agreements or terms control.

 

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

 

You acknowledge that you own, or are solely responsible for, or otherwise control all of the rights to the content that you provide to OvationData or upload to this Site; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify OvationData or its affiliates for all claims resulting from content you supply.

 

OvationData reserves the right to monitor its Website and any Third-Party Submissions to any user forums, chats, or otherwise.  OvationData further reserves the right to delete or modify any posts that it deems offensive, inappropriate, advertising, illegal, off-topic, or otherwise do not conform to these Terms of Use.  OvationData further reserves the right to terminate a user’s access to the Website, Content, or Services, for violation of these Terms of Use, at its sole discretion.  OvationData reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. OvationData has no liability or responsibility to users of the OvationData Website or any other person or entity for performance or nonperformance of the aforementioned activities.

 

17.  Accounts and Security

 

OvationData may offer a registered user account to its users. As part of the registration process, each user will select, at a minimum, a password and login name. You shall provide OvationData with accurate, complete, and updated account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your account. You may not: (i) select or use a login name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a login name that OvationData, in its sole discretion, deems inappropriate or offensive. You shall notify OvationData of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at OvationData’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

 

Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at info@ovationdata.com