Agreement to Terms
The Website contains a variety of information and resources including, but not limited to, product descriptions, text, images, photographs, documents, testimonials, logos, diagrams, reports, software, download areas, communication forums, Web Services Application Program Interface information (“APIs”), and other tools (collectively the “Materials”).
If you do not agree to these Terms, do not use the Website or any Materials contained therein.
You understand and agree that you are responsible for maintaining the confidentiality of your account passwords. You agree that you will be solely responsible to OVATION for all activities that occur under your account. You agree to notify OVATION immediately of any unauthorized use of, or other security breach related to, your account.
The Materials are protected by copyright, trademark, patent, and other applicable laws. No license or other rights are granted except as expressly stated in these Terms. Unless otherwise stated herein, you may use the Materials solely for informational and noncommercial purposes. Unless expressly authorized by OVATION or otherwise permitted by law, you may not copy, publish, display, distribute, alter or make derivative works of any Materials. You may not remove, alter, or obscure any proprietary notices on any Materials. Products mentioned in the Materials may not be generally available in your geographical country or region. Product descriptions are subject to change at OVATION’s discretion.
If you are a journalist, you may use all images available for download from the OVATION Media Resources websites in professional publications to highlight OVATION, its products and/or services.
You are entirely responsible for anything that you upload, post, display, or otherwise transmit to or via the Website, including, but not limited to, software code, articles, feedback, or suggestions (“Submission”). You agree that you own all rights in and to any Submission, or that you have obtained the necessary rights and/or permissions to make the Submission. Each Submission must comply with the applicable acceptable use policy.
You give OVATION, its affiliated companies and sublicensees a perpetual, irrevocable, transferable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute any Submission. OVATION is under no obligation to post or use any Submission, and OVATION may remove any Submission at any time in its sole discretion.
If you believe your copyrighted material has been posted on any Website without your permission, please see our Notice and Takedown Policy.
OVATION is not responsible for any third-party content or linked websites provided on the Website. The provision of any link does not imply OVATION’s endorsement of the website and is provided only as a convenience.
DISCLAIMER OF WARRANTY
USE OF THE WEBSITE AND OF ANY MATERIALS ARE AT YOUR OWN RISK. ALL MATERIALS ARE PROVIDED “AS IS”, WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. OVATION EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, OVATION MAKES NO WARRANTY OR GUARANTEE THAT THE WEBSITE OR ANY MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THESE EXCLUSIONS OF WARRANTIES WILL APPLY TO YOU TO THE FULLEST EXTENT ALLOWED BY LAW.
LIMITATION OF LIABILITY
IN NO EVENT WILL OVATION BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE WEBSITE OR USE OF THE MATERIALS, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE WEBSITE. THIS EXCLUSION AND WAIVER OF LIABILITY INCLUDES, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF DATA, EVEN IF OVATION IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, NO MATTER THE LEGAL THEORIES, AND WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
These Terms govern your use of the Website and constitute the entire legal agreement between you and OVATION relating thereto. Additional or different terms, conditions, and notices may apply to specific components of Materials offered through the Website. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms. Please see the applicable agreement or notice. OVATION reserves all rights not expressly granted under these Terms, including intellectual property rights, and no other rights are granted under these Terms by implication or estoppel or otherwise. OVATION may update these Terms from time to time. OVATION will change the Last Updated date at the bottom of these Terms when it does so. It is your responsibility to check these Terms regularly. OVATION’s failure to enforce any legal right or remedy contained in these Terms or applicable law shall not be deemed a formal waiver of those rights or remedies and those rights or remedies will still be available to OVATION. If a court of competent jurisdiction deems any provision of these Terms invalid, the remaining provisions of these Terms will be unaffected. Except where otherwise required by law, any legal matter arising from these Terms shall be governed by the laws of the State of Tennessee without regard to its conflict of laws provisions and you agree to submit to the jurisdiction of the courts of Davidson Country, Tennessee. You acknowledge that OVATION may apply for injunctive remedies in any jurisdiction. There are no third party beneficiary rights under these Terms.
Last updated: September 1, 2020
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