Privacy Policy

 

Please note that the practices of Novation Analytics, with respect to collection, use, and disclosure of information you may provide via this website (the “Site”) are governed by this online privacy policy (“Privacy Policy”), as amended from time to time. Please be sure to read this entire Privacy Policy before using or submitting information to the Site. By using the Site, you agree with the terms of this Privacy Policy. Whenever you submit information via the Site, you consent to the collection, use, and disclosure of that information in accordance with this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use this Site. Please also review the Novation Analytics Terms of Use, which governs your use of the Site. To the extent that any terms of this Privacy Policy conflict with the terms of an existing written (including electronic) agreement between you and Novation Analytics regarding the use of specific areas of the Site or specific Content (as such term is defined in the Novation Analytics Terms of Use), including any product-specific and service-specific application service provider and hosting agreements (collectively, “Additional Agreements”), the terms of the Additional Agreements shall govern. The Site and its Content are intended for adult audiences, and Novation Analytics does not knowingly collect any personal information from anyone under 13 years of age. Personal Information Novation Analytics may collect “personal information” from you while you are on the Site. Personal information is information that can be used to identify an individual, including but not limited to a first and last name, home address, telephone number, or e-mail address. Whenever we collect personal information on the Site, we will make reasonable efforts to include a link to this Privacy Policy on the web page in which you are being asked for personal information. Personal information may be collected and used when you subscribe to our e-mail newsletters, use our online message boards or forums, send questions or comments to us, or fill out online or e-mail surveys. We do not rent, sell, or share your personal information with third parties. We do not retain any personal information other than an e-mail address that you provide. We use personal information, specifically the e-mail address you provide, to answer inquiries and questions received through the Site. We may also use the e-mail address you provide to send you e-mail newsletters. You may opt out of receiving these e-mail newsletters at any time. Cookies Cookies are small text files that a web site places on your hard drive whenever you visit the web site. These files record preferences and other data about your visit to the web site. Novation Analytics does not store any personal information in cookies. Once you leave the Site, the cookies will expire and will no longer collect any information. Most browsers are automatically set to accept cookies. If you disable this function, some areas of the Site may not function properly. Links The Site may contain links to other web sites that Novation Analytics does not control. We provide these links solely for your convenience. Please be aware that we are not responsible for the privacy practices of third-party web sites linked to the Site, and any sharing of information with such third-party web sites is governed by that third-party’s privacy policy and not ours. This Privacy Policy applies solely to information collected by the Site and does not apply to other web sites linked to the Site. We encourage you to read the privacy policies of each such web site you may visit. Security While Novation Analytics strives to secure your personal information and privacy, no data transmission over the Internet can be guaranteed to be 100% secure or hacker proof. Please consider this when you choose the information, if any, you wish to transmit to the Site or to Novation Analytics through the Internet. Notification of Changes Novation Analytics reserves the right to make changes to this Privacy Policy in the future, at which time we will post an updated privacy policy on the Site, stating the date of revision. Please check back periodically to ensure you have seen the most current privacy policy. Your continued use of the Site constitutes your agreement to this Privacy Policy including any revisions. Contact You may contact Novation Analytics at any time regarding any questions or disputes about your privacy or to opt out of receiving future information from Novation Analytics..

 

Terms & Conditions

 

Acceptance of Terms

By accessing, browsing or using this website (the “Site”) of Novation Analytics in any way, including using, transmitting, downloading or uploading any of the (i) information, data, documents, images, photographs, graphics, audio, videos, webcasts, software, and (ii) web-based applications (“Application Services”) (collectively, “Content”), in each case made available or enabled by Novation Analytics, you agree that you have read, understood and agree to be bound these Terms of Use (“Terms”) and the Novation Analytics Online Privacy Policy, which is incorporated herein by reference. If you do not agree to all of these terms, do not use the Site. You may not use the Site or any Content, or accept the Terms, if (i) you are not of legal age to form a binding contract with Novation Analytics, or (ii) you are prohibited by law from receiving or using the Content. Novation Analytics reserves the right to revise these Terms at any time and we shall notify you of such revisions by posting an updated version of these Terms on the Site. You are responsible for regularly reviewing these Terms. Your continued use of the Site shall constitute your consent to such changes.

Use of Application Services

Any Application Services that are made available via the Site are the property of Novation Analytics. Use of such Application Services is governed by the terms of the application service provider and hosting agreement that accompanies these Application Services. If there is any conflict between the Terms and the application service provider and hosting agreement, the application service provider and hosting agreement shall take precedence in relation to that Application Service.

Restrictions on Use of Content

The unauthorized copying, displaying or other use of any Content from this Site is a violation of the law. You acknowledge having been advised by Novation Analytics that the Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws and other proprietary rights laws (collectively, “Rights”). In addition to Novation Analytics' Rights in individual elements of the Content, Novation Analytics or its licensors own a copyright in the selection, coordination and arrangement of the Content. You are hereby granted permission to access the Content from the Site in whole or in part, solely for use in the regular course of your business of viewing and browsing through the Site. This permission terminates automatically if you breach any of the Terms. All use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, may not be made without Novation Analytics’ prior express written consent.

Trademarks and Service Marks

There are a number of proprietary logos, service marks, trademarks, slogans and product and service designations found on the Site. By making them available on the Site, Novation Analytics is not granting you a license to use them in any fashion. Access to the Site does not confer upon you any license under any of Novation Analytics’ or any third party’s Rights.

Linking to the Site

You may provide links only to the homepage of the Site, provided (i) you do not remove or obscure, by framing or otherwise, any portion of the homepage, the Terms, or other notices on the Site; (ii) the links do not portray Novation Analytics or any Content in a false, misleading, derogatory, or otherwise offensive manner; and (iii) you discontinue providing links to the Site if requested by Novation Analytics. You may not use any Novation Analytics logo or other proprietary graphic or trademark as part of the link without express written permission.

User Postings

You acknowledge and agree that Novation Analytics shall own and have the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you upload, post, e-mail, transmit or otherwise make available through your use of the Site (“Submissions”). You hereby waive any and all claims against Novation Analytics for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with Novation Analytics' use and publication of such Submissions. This means that anything submitted by you to the Site will be owned by Novation Analytics and may be used by Novation Analytics for any purpose, now or in the future, without any payment to, or further authorization by you. In the event Novation Analytics' ownership of such Submissions is successfully contested, you automatically grant Novation Analytics a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose. Novation Analytics does not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, posted on any message board, or otherwise distributed through the Site by any user of the Site, information provider or any other third party. Novation Analytics expressly disclaims any and all liability related to Submissions, and you acknowledge that any reliance upon such Submissions shall be at your sole risk. You covenant that you shall not post or otherwise publish on the Site any materials that: (i) are threatening, libelous, defamatory, or obscene; (ii) would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (iii) infringe the intellectual property, privacy, or other rights of any third parties; (iv) contain a computer virus or other destructive element; (v) contain advertising; or (vi) constitute or contain false or misleading statements. Novation Analytics in its sole discretion reserves the right to refuse to post and the right to remove any information or Submission from the Site, in whole or in part, for any reason.

Errors and Corrections

Novation Analytics does not represent or warrant that the Site or the Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Novation Analytics does not warrant or represent that the Content available on or through the Site will be correct, accurate, timely, or otherwise reliable. Novation Analytics may make improvements and/or changes to its features, functionality or Content at any time.

Third Party Content

Third party content may appear on the Site or may be accessible via links from the Site. Novation Analytics shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of Novation Analytics.

DISCLAIMER:

THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Novation Analytics EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Novation Analytics DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE SITE, THE CONTENT, OR ANY PORTION THEREOF, (D) YOUR USE OF THE SITE OR THE CONTENT, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE CONTENT.

LIMITATION OF LIABILITY:

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL NOVATION ANALYTICS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL NOVATION ANALYTICS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

Indemnification

You agree to indemnify, defend and hold harmless Novation Analytics, its licensors, suppliers and any third party information providers to the Site from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms.

Export Control Laws

You acknowledge and agree that products, services or technology provided by Novation Analytics are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, reexport, or transfer Novation Analytics products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

Applicable Law

By using the Site, you agree that the laws of the State of Michigan, without regard to its conflicts of laws principles, will govern these Terms and any dispute of any sort that might arise between you and Novation Analytics.

Disputes

Any dispute relating in any way to your use of the Site or the Content shall be submitted to confidential arbitration in Oakland County, Michigan, except that, to the extent you have in any manner violated or threatened to violate Novation Analytics' Rights, Novation Analytics may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

Severability of Provisions

If any provision of these Terms is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

Waiver

Novation Analytics' failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Contact Information

If you have any questions regarding these Terms, please contact us by e-mail at: support@novationanalytics.com.

 

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Privacy and Terms & Conditions