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Terms of Use
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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS
ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS
POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND
CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.
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Terms and Conditions:
These Terms and Conditions apply to NOVAtime Technology, Inc. and the websites under
the domain names of www.novatime.com,
www.novatime.net, and www.timeanywhere.com
(the "Site(s)"). Unauthorized use of NOVAtime's Sites and systems,
including but not limited to, unauthorized entry into NOVAtime's systems, misuse
of passwords, or misuse of any information posted to a Site, is strictly prohibited.
You acknowledge that NOVAtime may disclose and transfer any information that you
provide through the Sites to (i) any NOVAtime affiliate, agents or information providers;
(ii) to any other person or entity with your consent; or (iii) if we have a right
or duty to disclose or are permitted or compelled to so disclose such information
by law. You consent to the transmission, transfer or processing of such information
to, or through, any country in the world, as we deem necessary or appropriate, and
by using and providing information through the Site(s) you agree to such transfers.
Use of the Site(s) may be monitored, tracked and recorded. Anyone using the Site(s)
expressly consents to such monitoring, tracking and recording.
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Copyright Notices:
The works of authorship contained in the Site(s), including but not limited
to, all design, text, sound recordings and images, are owned, except as otherwise
expressly stated, by NOVAtime. Except as otherwise expressly stated herein, they
may not be copied, transmitted, displayed, performed, distributed (for compensation
or otherwise), licensed, altered, framed, stored for subsequent use or otherwise
used in whole or in part in any manner without NOVAtime's prior written consent,
except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as
amended, and then, only with notices of NOVAtime's proprietary rights provided that
you may download information and print out hard copies for your personal use, so
long as you do not remove any copyright or other notice as may be contained in information,
as downloaded.
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Trademark Notices:
The name NOVAtime Technology, Inc. and NOVAtimeAnywhere are registered trademarks
of NOVAtime. Other featured words or symbols, used to identify the source of goods
and services, may be the trademarks of their respective owners.
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Web Content and Materials:
The information on the Site(s) is for information purposes only. It is believed
to be reliable, but NOVAtime does not warrant its completeness, timeliness or accuracy.
The information and materials contained in the Site(s), and the terms and conditions
of the access to and use of such information and materials, are subject to change
without notice. Products and services described, as well as, associated fees, charges,
may differ among geographic locations and resellers. Not all products and services
are offered at all resellers.
You agree that (i) you will not engage in any activities related to the Site(s)
that are contrary to applicable law, regulation or the terms of any agreements you
may have with NOVAtime and (ii) in circumstances where locations of the Site(s)
require identification for process, you will establish commercially reasonable security
procedures and controls to limit access to your password or other identifying information
to authorized individuals.
NOVATIME OR ITS SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS
OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT
ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND
NOVATIME DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND
ANY SUCH INFORMATION. NOVATIME RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS
OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO THE USER. FURTHERMORE, BY OFFERING THE
SITE(S) AND INFORMATION, PRODUCTS OR SERVICES VIA THE SITE(S), NO DISTRIBUTION OR
SOLICITATION IS MADE BY NOVATIME TO ANY PERSON TO USE THE SITE(S) OR SUCH INFORMATION,
PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE SITE(S) AND SUCH
INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.
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Third-Party Sites:
The Site contains links to other web sites. NOVAtime is not responsible
for the privacy practices or the content of these other web sites. Links to non-NOVAtime
websites are provided solely as pointers to information on topics that may be useful
to the Site(s), and NOVAtime has no control over the content on such non-NOVAtime
websites. If you choose to link to a website not controlled by NOVAtime, NOVAtime
makes no warranties, either express or implied, concerning the content of such site,
including the accuracy, completeness, reliability or suitability thereof for any
particular purpose, nor does NOVAtime warrant that such site or content is free
from any claims of copyright, trademark or other infringement of the rights of third
parties or that such site or content is devoid of viruses or other contamination.
NOVAtime does not guarantee the authenticity of documents on the Internet. Links
to non-NOVAtime sites do not imply any endorsement of or responsibility for the
opinions, ideas, products, information or services offered at such sites, or any
representation regarding the content at such sites.
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LIMITATION OF LIABILITY:
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER
FACTORS, THE SITE(S) (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE SITE(S))
IS PROVIDED "AS IS" AND "AS AVAILABLE". NOVATIME AND THIRD PARTY
DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE
SITE(S). DSW AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATATIONS
OF ANY KIND WITH REGARD TO THE SITE(S), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE,
OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, NOVATIME WILL NOT BE LIABLE FOR
ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS
CODE OR OTHER DEFECT IN THE SITE(S), OR FOR THE INCOMPATIBILITY BETWEEN THE SITE(S)
AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL NOVATIME
BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND NOVATIME'S
CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
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Enforceability and Governing Law:
In the event any of the terms or provisions of these Terms and Conditions
shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired
and the enforceable term or provision shall be replaced by such enforceable term
or provision as comes closest to the intention underlying the unenforceable term
or provision. These Terms and Conditions shall be subject to any other agreements
you have entered into with NOVAtime . The user's access to and use of the Sites(s),
and the terms of this disclaimer are governed by the laws of the State of California.
You also agree that, should any difference of interpretation or controversy or claim
arising out of or relating to these Terms and Conditions, or the breach thereof,
that you and NOVAtime shall promptly make good faith efforts to negotiate a written
resolution of the matter directly between the parties. You agree that if the matter
remains unsettled for forty-five (45) days after notification (via certified mail
or personal delivery) that a dispute exists, all parties shall join in mediation
services with a mutually agreed mediator to settle the dispute. Should you file
any arbitration claims, administrative or legal actions for disputes to which this
clause applies, without first having attempted to resolve the matter by mediation,
then you will not be entitled to recover attorney's fees, even if you would otherwise
be entitled to them.
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