Terms and Conditions
Acceptable Use Policy
| Legal Terms | Privacy Policy
I.
Terms and Conditions of Use of Novations Group, Inc. ("Novations")
WebSite
PLEASE READ THESE
TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE YOU INDICATE YOUR
ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND
CONDITIONS, THEN DO NOT USE THIS WEBSITE. THIS WEBSITE AND THESE TERMS AND
CONDITIONS ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.
If you visit or shop at
Novations.com, you accept these conditions. Please read them carefully. In addition, when you
use any current or future Novations service or business, you also will be
subject to the guidelines, terms and agreements ("Terms") applicable
to such service or business. If these conditions are inconsistent with such
Terms, the Terms will control. If you
use this site, you are responsible for maintaining the confidentiality of your
account and password and for restricting access to your computer, and you agree
to accept responsibility for all activities that occur under your account or
password. Novations does sell products for children, but it sells them to
adults, who can purchase with a credit card or other permitted payment method.
If you are under 18, you may use Novations.com only with involvement of a parent
or guardian. Novations reserves the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in their sole discretion.
ELECTRONIC
COMMUNICATIONS
When you visit
novations.com or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site. You
agree that all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that such
communications be in writing.
COPYRIGHT
All content included on
this site, such as text, graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, and software, is the property of Novations
or its content suppliers and protected by United States and international
copyright laws. The compilation of all content on this site is the exclusive
property of Novations and protected by U.S. and international copyright
laws. All software used on this site is the property of Novations or its
software suppliers and protected by United States and international
copyright laws.
TRADEMARKS
Novations,
Capacity Building Human Resource Management, Communicating For Success
Everyday, Communicating With C.A.R.E., Contributing Through Others, Crossing
The Line, Four Stages, Four Stages Series, Getting To Zero, High-Performer's
Mindset, Just Enough Project Management, Making The Spoken Connection,
Manager's Mindset, Novations Group: Just Enough, The Accounting Game, The
Inclusion Workshop: Strategies For Your Success, Turning Feedback Into Change,
What To Do On Monday, Effective Communicating, Performance Communications,
Skilmatch, TalentDevelopment, TalentPlanning, TalentSelection, TalentCoaching,
the TOP model, Novations Grid, SkilAnalyzer, Honoring Differences, ProGroup,
Cost of Intolerance, A Winning Balance, Smarter Together, Everyday Diversity,
Desktop Diversity, The Lobby, and Novations graphics, logos, page headers, button icons, scripts, and
service names are trademarks, registered trademarks or trade dress of Novations
Group, Inc. in the U.S. and/or other countries. Novations' trademarks and trade
dress may not be used in connection with any product or service that is not Novations’,
in any manner that is likely to cause confusion among customers or in any
manner that disparages or discredits Novations. All other trademarks not owned
by Novations that appear on this site are the property of their respective
owners, who may or may not be affiliated with, connected to, or sponsored by Novations.
Use
of Site
The materials
contained on this website (such materials, include, but are not limited to, the
design, layout, artwork and other elements of the website and any text, audio,
video, logo, information, data, software, documentation, services or any other
materials contained on the website) are owned or licensed by Novations and are
protected by copyright and trademark law, international treaties, and other
intellectual property rights. You may view, download, print, and copy materials
on this website for your own personal, informational, non-commercial use, provided
that
(i) you do not modify
the materials,
(ii) any copies that you may make must be marked "Copyright © 2008
Novations Group, Inc. all rights reserved." and
(iii) you retain all copyright and proprietary notices originally contained in
the materials on any copies.
You may not use,
reproduce, display, post, transmit, or distribute any materials contained on
this website for any commercial purpose. Nothing herein shall be construed as
granting any license or right to use this website or any materials contained on
this website except as expressly provided herein.
Website
Changes
Information on this
website may be changed or updated without notice. Novations may also make
improvements and/or changes in the products and/or the programs described in
this information at any time without notice.
Exclusion
of Warranties
Novations makes no
warranties as to the accuracy or currency of the information or products
contained on this web site. This website is available to all users "as
is" without any representations or warranties of any kind, either express
or implied, including warranties as to merchantability or fitness for a
particular purpose. Novations makes no representations, warranties or
undertakings that this website will be free from defects, including, but not
limited to viruses or other harmful elements. This website may contain
inaccuracies or typographical errors.
No
Confidential Information
Novations does not
want to receive confidential or proprietary information from you through this
website. Please note that any information or material sent to Novations will,
to the fullest extent permitted by applicable laws and regulations, be deemed
NOT to be confidential. By sending Novations any information or material, you
grant Novations, to the fullest extent permitted by applicable laws and
regulations, an unrestricted, irrevocable license to use, reproduce, display,
perform, modify, transmit and distribute those materials or information, and
you also agree that Novations is free, to the fullest extent so permitted, to
use any ideas, concepts, know-how or techniques that you send us for any
purpose.
Global
Programs
Information contained
in this site may contain references to Novations products or programs that are
not announced or available in all countries. Such references do not imply that Novations
intends to announce such products, programs or services in any particular country.
Consult your local Novations representative or email us at info@novations.com for information
regarding the products and services that are available to you. Novations'
obligations with respect to its products and services are governed solely by
the license and/or service agreements under which they are provided. If you
obtain a product or service from Novations from this web site that is provided
without an agreement, that product or service is provided "AS-IS"
with no warranties whatsoever, express or implied, and your use of that product
or service is at your own risk.
Links
To Other Web Sites
Links to third party
Web sites on this Site are provided solely as a convenience to you. If you use
these links, you will leave this Site. Novations has not reviewed all of these
third party sites and does not control and is not responsible for any of these
sites or their content. Thus, Novations does not endorse or make any
representations about them, or any information, software or other products or
materials found there, or any results that may be obtained from using them. If
you decide to access any of the third party sites linked to this Site, you do
this entirely at your own risk.
DISCLAIMER OF WARRANTIES
AND LIMITATION OF LIABILITY
THIS SITE AND ALL
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED
BY NOVATIONS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS
OTHERWISE SPECIFIED IN WRITING. NOVATIONS MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR
THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS
OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE
IS AT YOUR SOLE RISK.
TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, NOVATIONS DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. NOVATIONS DOES NOT WARRANT THAT THIS
SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE;
THEIR SERVERS; OR E-MAIL SENT FROM NOVATIONS ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. NOVATIONS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS,
PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE
SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS.
II. Novations
Privacy Policy
Novations has created
this privacy statement in order to demonstrate our firm commitment to privacy.
The following discloses our information gathering and dissemination practices
for www.novations.com and other Internet
web sites owned by Novations.
Information
Collected
In general, you can
visit the Novations website without providing personal information, but there
are times when we will request personal information. Personal information is
information that individually identifies you, such as your name, telephone
number, physical address or email address. We may also gather personal
information in connection with any contests we offer or if you participate in
one of our online communities.
Novations is a global
company, with offices and operations throughout the world. When you submit
personal information to Novations through its web site, you agree that your
information may be transferred across national boundaries and may be stored and
processed in any of the countries in which Novations and its affiliates are
located.
Use
of Cookies
Novations may also
collect information when you visit our web site through the use of
"cookie" technology, including web beacons and action tags. The
information gathered may include your password and IP address, the type of
browser and operating system you are using, the domain name of your Internet
service provider and site visitation statistics.
How
We Use the Information
Novations collects and
uses your information in order to give you better service, to provide you with
convenient access to our products and services and to make our website more
useful to you. The contact information we collect is used, in part, to deliver
information about our Company and partners and promotional material to you. It
is also used to contact you when necessary. Information collected through the
use of cookies is used to evaluate and improve our website and to help diagnose
problems with our server. Novations will only use (such use including
disclosure) your personal information without notice when it believes the use
to be required by law or regulation, or necessary to protect or defend the
rights or property of Novations, the safety of the public or the users of its
site, or if you have provided Novations with prior consent to do so (see
"Opt-In" below).
Opt-In
When you provide us
with your contact information, you may opt-in to receive communications and
information from Novations. Thereafter you may elect not to receive
communications and information from Novations at any time by sending an email
with your name and email address to info@novations.com.
Links
to Other Sites
Novations' web sites
may contain links to other sites whose privacy and information practices may be
different than ours. You should consult the other sites' privacy notices. Novations
is not responsible for the content or privacy policies of other sites.
Security
We use physical,
electronic, and managerial procedures to help safeguard the information we
collect from you online. We urge you to take precautions to protect your
personal data when you are on the Internet. Change your passwords often and
make sure you use a secure browser.
Correcting
Information/ Contacting the Web Site
If you wish to correct
any information you have provided to us or if you have any questions about this
privacy statement, the practices of this site, or your dealings with our web
site, you can contact the info@novations.com.
This privacy policy is
subject to change without notice.
Information
and Data Use - Compliance
Any and all
information and data use rights and entitlements maintained or reserved by Novations
pursuant to this Privacy Policy statement or as may be maintained or
reserved by Novations pursuant to applicable laws and regulations shall only be
exercised or otherwise used in a manner at all times consistent with such
mandatory laws and regulations as (may) apply in respect of the collection,
processing, keeping, use and disclosure of related categories of information
and data.
Novations
Network Security
You are prohibited
from violating, or attempting to violate, the security of the Novations
Network. Any violations may result in criminal and civil liabilities to you. Novations
will investigate any alleged violations and will cooperate with law enforcement
agencies if a criminal violation is suspected. Examples of violations of the
security of the Novations Network include, without limitation, the following:
- Accessing data not intended for you
- Logging into a server or account which you are not
authorized to access
- Attempting to probe, scan, or test the vulnerability of
a system or network
- Breaching security or authentication measures without
proper authorization
- Attempting to interfere with service to any user, host,
or network including, without limitation, by means of
"overloading," "flooding," "mailbombing," or
"crashing"
- Taking any action in order to obtain services to which
you are not entitled
Illegal
Use
The Novations Network
may only be used for lawful purposes. For example, you may not use the Novations
Network to create, transmit, distribute, or store material that:
- Violates a trademark, copyright, trade secret, or other
intellectual property rights of others
- Violates the privacy, publicity, or other personal
rights of others
- Impairs the privacy of communications
- Contains obscene or pornographic content
- May be threatening, abusive, or hateful
- Violates export control laws or regulations
- Encourages conduct that would constitute a criminal
offense or give rise to civil liability
- Causes technical disturbances to the Novations Network,
including, but not limited to, introduction of viruses, worms, or other
destructive mechanisms
- Violates reasonable regulations of Novations or other
service providers with respect to the Novations Network
- Assists or permits any persons in engaging in any of
the activities described above
- Constitutes deceptive online marketing
If you become aware of
any such activities, you are obligated to immediately notify Novations and take
all other appropriate actions to cause such activities to cease.
Unsolicited
Communications ("Spam")
Posting the same or
similar unsolicited e-mail messages, bulk commercial advertising, or informal
announcements to one or more groups (known as "Spam") is prohibited.
Spam is not only annoying to Internet users, it seriously affects the
efficiency and cost-effectiveness of the Novations Network. These unsolicited
messages can increase costs by clogging the Novations Network, rendering your
web site inaccessible, and potentially leading to down time of your
mission-critical Internet applications.
In addition, both
Usenet and e-mail users may not:
- send or post e-mail messages which are excessive and/or
intended to harass or annoy others
- continue to send e-mail to a recipient that has
indicated that he/she does not wish to receive it
- send e-mail with forged TCP/IP packet header information
- intentionally omit, delete, forge, or misrepresent
transmission information, including headers and return addresses
- take any other actions intended to cloak the your
identity or contact information
Content
You are responsible
for all its content hosted by Novations. Novations exercises no control over,
and accepts no responsibility for, the content of the information passing
through the Novations Network, including content provided on any third-party
web sites linked to the Novations Network. Any web site links are provided as
Internet navigation tools for information purposes only and not as an
endorsement by Novations of the contents of such web sites. Novations does not
adopt, nor warrant the accuracy of, the content of any linked web site and
undertakes no responsibility to update the content. Use of any information
obtained via the Novations Network is at your own risk.
Novations does not
screen communications and is not responsible for screening or monitoring
content used by you.
Consequences
of Unacceptable Use
Novations reserves the
right to suspend or terminate access to the Novations Network upon notice of a
violation of this Policy.
Indirect or attempted
violations of this Policy, and actual or attempted violations by a third-party
on behalf of you, shall be considered violations of this Policy by you.
Furthermore, it is a violation of this Acceptable Use Policy to use the
services of another provider for the purposes of facilitating any of the
activities described above if such use of another provider's service could
reasonably be expected to affect the Novations Network.
RISK OF LOSS
All items purchased from Novations
are made pursuant to a shipment contract. This means that the risk of loss and
title for such items pass to you upon our delivery to the carrier.
APPLICABLE LAW
By visiting novations.com,
you agree that the laws of the Commonwealth
of Massachusetts, without
regard to principles of conflict of laws, will govern these Conditions of Use
and any dispute of any sort that might arise between you and Novations.
DISPUTES
Any dispute relating in any
way to your visit to Novations.com or to products or services sold or
distributed by Novations or through Novations.com shall be adjudicated in any
state or federal court in Suffolk
County, Massachusetts,
and you consent to exclusive jurisdiction and venue in such courts.
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