1. NovoDynamics Overview. NovoDynamics leverages its pre-eminent data extraction, data integration, pattern recognition and predictive analytics technologies to develop artificial intelligence software and solutions that address highly complex challenges. NovoDynamics® products transform large, disparate data sets into actionable information and insights that help organizations make better decisions.
2. Third Party Sites and Materials. NovoDynamics may from time to time provide links and pointers on the Site to sites maintained by third parties (“Third Party Sites”) and may from time to time provide third party material on the Site. These Third Party Sites and third party materials are provided as a convenience only. NovoDynamics has not reviewed, and does not operate or control in any respect, any information, products or services available on Third Party Sites, and NovoDynamics is not responsible for any information provided at any Third Party Sites. NovoDynamics makes no representations and provides no warranties whatsoever concerning Third Party Sites, and the fact that NovoDynamics has provided a link to any Third Party Site on the Site does not constitute an endorsement, authorization, sponsorship or affiliation by NovoDynamics with respect to such Third Party Site or its owners or providers or any products or services mentioned or offered at the Third Party Site. NovoDynamics expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by, advertised on, or sold through, all Third Party Sites.
3. Timeliness of Information. All press releases and other information contained on the Site were, to the best of NovoDynamics’ knowledge, timely and accurate when issued. However, the passage of time can render all things stale, and NovoDynamics is not responsible for any misconceptions which may result from the reading of dated material. You should carefully check the dates of issuance of the information contained on the Site.
4. Communications. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails following the unsubscribe instructions in the promotional email itself.
5. Term. These Terms are effective beginning when you first access the site and ending when terminated in accordance with the following. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, NovoDynamics may, at its sole discretion, terminate these Terms or your access to the Site, at any time for any reason or no reason. NovoDynamics further reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. NovoDynamics will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site. Upon termination of these Terms, your license rights will terminate and you must immediately cease all use of the Site.
6. Disclaimer of Warranties. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. NOVODYNAMICS HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING NOVODYNAMICS CONTENT, THE SITE, AND THE PRODUCTS AND SERVICES PROVIDED BY THE SITE INCLUDING ANY WARRANTIES OF AVAILABILITY, NON-INTERCEPTION, FREEDOM FROM VIRUSES, ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR QUITE ENJOYMENT. NOVODYNAMICS DOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERREUPTED, SECURE, OR FREE OF ERROS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND NOVODYNAMICS DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE) OR ANY LOSS OF DATA.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NovoDynamics does not disclaim any warranty or other right that NovoDynamics is prohibited from disclaiming under applicable law.
7. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL NOVODYNAMICS, ITS OFFICERS, DIRECTORS, AGENTS, CONSULTANTS, AFFILIATES OR EMPLOYEES (“NOVODYNAMICS ENTITIES”) BE LIABLE TO YOU FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, OR DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE(INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTAGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SITE OR THE CONTENT, OR PRODUCTS OR SERVICES PROVIDED THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INLCUDING NEGLIGENCE), STATUTES, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY NOVODYNAMICS ENTITY HAS BEEN INFORMED OF THE POSSIBLITY OF DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE NOVODYNAMICS ENTITIES TO YOU FOR ALL CLAIMS ARISITNG OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL NOT EXCEED $100.00.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 7 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. Indemnification. To the fullest extent permitted by law, you are responsible for your use of the Site, and you agree to indemnify and hold harmless the NovoDynamics Entities from and against any and all claims, actions and proceedings and any and all costs, fees (including attorney’s fees), expenses, settlements, and judgments that result from your breach or violation of these Terms or any applicable law, your access and use of the Site, your violation of any third party right, including any intellectual property right, and any dispute between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of a matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
9. Copyrights. Subject to your complete and ongoing compliance with these Terms, NovoDynamics grants you the privilege of accessing and viewing the text, graphics, audio, design, images, charts and other content (the “NovoDynamics Content”) on the Site solely for your personal, non-commercial use. NovoDynamics may revoke such privilege at any time with or without notice for any reason or no reason. Any and all NovoDynamics Content, software and other works on the Site and any reproductions of any of the foregoing (collectively, “Works”) are the property of NovoDynamics and/or its suppliers, and are protected under U.S. and worldwide intellectual property and other. Other than the limited grant of access to and viewing of the NovoDynamics Content set forth above, NovoDynamics grants you no other privileges or rights in any of the Works. You acknowledge that any other use of the Works, including without limitation, reproduction, modification, distribution, transmission, republication, display, or performance, without the prior written permission of NovoDynamics, is strictly prohibited.
10. Trademarks. NovoDynamics™, NovoDynamics.com™, NovoHealth™, Catalyst Development Engine™, Knowledge Cycle™ and Testing Cycle™, and all page headers, custom graphics, logos, and button icons are service marks, trademarks and/or trade dress (collectively, the “Marks”) of NovoDynamics. You agree not to display, use or reproduce any of the Marks in any manner without prior written consent from NovoDynamics. Without limiting the generality of the foregoing, NovoDynamics specifically prohibits the use of any Mark as a “hot” link to the Site or any NovoDynamics website unless the establishment of such a link is approved in advance by NovoDynamics in writing. Failure to obtain such approval shall entitle NovoDynamics to seek an injunction enjoining such use. All other trademarks, service marks, product names and company names or logos cited herein are the property of their respective owners.
11. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Site; (b) make modifications to the Site; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Site, you may not use it.
13. Compliance. NovoDynamics makes no representation or claim that any information on the Site is appropriate or may be downloaded outside the United States of America. Access to the Site and to any information thereon may not be legal by certain persons or in certain countries. If you access the Site from outside the United States of America, you do so at your own risk of liability under the laws of the United States of America or of your jurisdiction.
B. Governing Law. These Terms and your use of the Site and any products and services provided by the Site shall be governed by the laws of the State of Michigan, without regard to its conflicts of laws principles. The parties agree that the state courts located in or serving Washtenaw County, Michigan shall have exclusive jurisdiction over any and all claims, disputes or other controversies relating to or arising from these Terms or your use of the Site or any products and services provided by the Site. The parties hereby expressly consent to the exercise of jurisdiction over them by such courts. We operate the Site from our offices in Michigan, and we make no representation or warranty that the Site or Works are appropriate or available for use in other locations. To the fullest extent permitted by applicable law, each party to these Terms waives its, his or her right to a jury trial with respect to any action brought under or in connection with these Terms.
E. Contract Information. The Site is offered by NovoDynamics, Inc., located at 220 E Huron St, Ann Arbor, MI 48104. You may contact us by sending correspondence to that address or filling out the contact form on the Site.