2. Access of the Website and Use of the Services
3. Pricing, Subscriptions, and Cancellations
Company may post Node availability and pricing, cloud pricing, and all other Services offerings and pricing on our Site, which we may change from time to time in our sole discretion by updated posting. Your access to certain Services will commence as soon as your payment processes. Subscription plans will be invoiced on their respective anniversary. We may suspend or terminate your account if your payment method fails or we fail to receive payment in a timely manner. In addition, if your payment does not process then you will not receive the selected Service(s), our Node(s), and both, as applicable.
4. Our Process
Our process for customers is simple. Upon receiving and installing a Node(s) per the installation guide, you will be able to fully manage and use our services via our website. You are solely responsible for ensuring that your systems meet the hardware, software, and any other applicable system requirements for any Node(s) and the Software. We will have no obligation or responsibility for issues caused by your use of any third-party services provider for installation of a Node or issues caused by any third-party hardware or software not provided by us.
We do not require registration to access certain sections of our Site. However, you must submit an online form to access certain types of the Services. Where applicable, you may register, create, and maintain an account to use certain types of our Services (each a “Registered User”). All other parties may not do so. If and when you register with our Site, you agree to provide accurate and complete registration information. You also agree to promptly notify us of any changes thereto. We do not, and you should not, allow any other person or group of people to access your Registered User account. Do not share your password with another party. You must promptly notify us of any suspected unauthorized use. If and when you access, use, or register to become a Registered User, you agree that:
(a) you are at least 18 years old;
(d) you will provide accurate and complete registration information and will not use another person’s name, a false name, or an email or physical address owned or controlled by another person or entity with intent to obscure your own identity or to impersonate that person or entity or for any reason;
(e) you will not use a name that is subject to any rights of a person or entity other than yourself or your entity without appropriate authorization;
(f) you will not make multiple accounts of the same type;
(g) you will be solely responsible for maintaining the confidentiality of your password and you will not share your password with another party;
(h) you will update your registration information, as needed, so that it remains current, accurate, and complete;
(i) you will not allow any other person, entity, or group to access your Registered User account; and
(j) you will promptly notify us of any suspected unauthorized use of your account; and
(k) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
6. Intellectual Property
7. Consent to Receive Email
8. Prohibited Uses
You are solely responsible for all of your activity in connection with accessing and using any and all of our Site, the Services, and Node(s), including, without limitation, activities on your Registered User account. You shall not use any and all of our Site, the Services, and Node(s) for any fraudulent, abusive, illegal, or otherwise inappropriate activities. If you do, we may immediately terminate your right to access and use our Site, including, without limitation, your Registered User account, use the Services, and both. Without limitation to other prohibited uses specified herein, you are prohibited from using any and all of our Site, the Services, and Node(s) for any and all of the following purposes:
(a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
(b) attempting to probe, scan, or test the vulnerability of our Site, the Services, or any associated system or network, or to breach security or authentication measures without proper authorization;
(c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to our Site or the Services, overloading, “flooding,” “spamming,” “mail bombing,” “DDOSing,” or “crashing;”
(d) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to human-perceivable form any of the source code used by us in providing any and all of our Site, the Services, and Node(s). Any violation of system or network security may subject you to significant civil and criminal liability;
(e) scraping, crawling, or using any other automated device or manual process to harvest data from our Site;
(f) use of the Software for competitive analysis or to build competitive products;
(g) publicly disseminating information regarding the performance of Node(s), the Software, or both;
(i) encouraging or assisting any third party to do any of the foregoing.
9. Third Party Content, Links, and Subprocessors
12. Hardware Warranty
Company warrants against Node hardware defects for one (1) year from the date of purchase per the warranty policy posted on our Site (the “Hardware Warranty Policy”), located at https://novant.io/hardware-warranty.
13. WAIVER OF WARRANTIES
EXCEPT FOR THE WARRANTY POLICY, OUR SITE, THE SERVICES, AND NODE(S) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO OUR SITE, THE SERVICES, AND NODES(S). WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, OR VALIDITY OF ANY MATERIAL, OUR SITE, THE SERVICES, AND NODES(S), AND DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON AND THE ABILITIES AND SERVICES PROVIDED BY ANY OR ALL OF OUR SITE, THE SERVICES, AND NODES(S) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE, THE SOFTWARE, AND NODES(S) ARE FREE OF VIRUSES. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.
14. NO GUARANTEES
WE DO NOT GUARANTEE ANY RESULTS FROM YOUR USE, MISUSE, OR BOTH OF OUR SITE, THE SERVICES, NODES(S), OR ANY RELATED SERVICES OR OFFERINGS. YOU ARE SOLELY RESPONSIBLE FOR THE INSTALLATION AND INTERACTION OF DEVICES AND THE SERVICES IN YOUR BUILDINGS.
15. LIMITATION OF LIABILITY
COMPANY AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND CONTRACTORS (COLLECTIVELY, “COMPANY PARTIES”) WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COURT COSTS) RESULTING FROM YOUR USE OF, OR INABILITY TO USE, ANY OR ALL OF OUR SITE, THE SERVICES, AND NODES(S), EVEN IF ANY OR ALL OF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CUMULATIVE LIABILITY OF ANY AND ALL OF THE COMPANY PARTIES FOR ANY AND ALL CLAIMS WHATSOEVER RELATED TO OUR SITE, THE SERVICES, NODE(S) OR OTHERWISE ARISING OUT OF THIS AGREEMENT, OUR SITE, THE SERVICES, OR NODE(S), OR OUR PERFORMANCE OR NONPERFORMANCE, OR ANY ACT, EVENT, OR CIRCUMSTANCE AFFECTING OUR SITE, THE SERVICES, NODE(S), OR YOU, INCLUDING ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE TOTAL AMOUNT OF SOFTWARE AS A SERVICE FEES PAID BY YOU TO US DURING THE ONE YEAR PERIOD IMMEDIATELY PRECEDING THE ACCRUAL OF THE CLAIM. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED BY LAW, OUR SOLE LIABILITY TO YOU FOR DAMAGES WILL BE LIMITED TO $100.00. COMPANY WILL NOT BE LIABLE FOR ANY ACTIONS OR DECISIONS THAT YOU MAY TAKE BASED ON YOUR USE OF THE SERVICES, NODES, OR ANY INFORMATION OR DATA RECEIVED IN CONNECTION THEREWITH.
16. Dispute Resolution
17. Terms for Certain Countries
This paragraph applies to specific jurisdictions. If there is any conflict between this paragraph and other paragraphs, then this paragraph governs for the relevant jurisdiction.
17.1 European Economic Area
(a) Warranty. If you obtained the Software in the European Economic Area (EEA), you usually reside in the EEA and you are a consumer (that is, your use of the Software is for business related purposes), then your warranty period with regard to the Software is the duration of your subscription. Our entire liability related to any warranty claim and your sole and exclusive remedy under any warranty will be limited to either, at our option, support of our Software based on the warranty claim, replacement of the Software, or if support or replacement is not practicable, refund of prepaid and unused subscription fee proportionate to the specific Software. Furthermore, while these terms apply to any damages claims you make in respect of your use of the Software, we will be liable for direct losses that are reasonably foreseeable in the event of our breach of this agreement. You should take all reasonable measures to avoid and reduce damages, in particular by making backup copies of the Software and its computer data.
(b) Decompilation. These terms do not limit any non-waivable right to decompile the Software that you may enjoy under the law. For example, if you are located in the European Union (EU), you may have the right under applicable law to decompile the Software if it is necessary to do so in order to achieve interoperability of the Software with another software program, provided that we have not made this information available. Under this circumstance, you must first ask us in writing to provide the information necessary to achieve this interoperability. In addition, the decompilation may only be performed by you or someone who may use the Software on your behalf. We have the right to impose reasonable conditions before providing the information. You may use the information we supply or that you obtain only for the purpose described in this paragraph. You may not disclose the information to any third party or use the information in a manner that infringes our copyright or a copyright of one of our licensors.
If you obtained the Software in Australia, then the following provision applies, notwithstanding anything stated to the contrary in these terms:
NOTICE TO CONSUMERS IN AUSTRALIA:
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
18. Notice to U.S. Government End Users
For U.S. Government procurements, Software is a commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 “Commercial Computer Software – Restricted Rights” and DFARS 227.7202, “Rights in Commercial Computer Software or Commercial Computer Software Documentation,” as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Software by the U.S. Government must be in accordance with license rights and restrictions described in these terms.
19. Remedies for Violations
22. How to Contact Us
14321 Winter Breeze Drive, Suite 16
Midlothian, Virginia 23113