NOVARE USER AGREEMENT
By clicking on the “accept terms” button you agree to the terms and conditions within the User Agreement.
This agreement relates to use of the following NOVARE TECHNOLOGIES Corporation (hereinafter referred to as “NOVARE”) media monitoring services (hereinafter referred to as “Media Monitoring Services”) accessible at www.InsideWorld.com, at derivative inside websites, and via email services (herein collectively referred to as “Website”):
Your use of the Website indicates your agreement to these terms and conditions. If you do not agree with these terms and conditions do not use our services.
NOVARE grants you a non-exclusive, non-transferable, limited right to access, and the Website and the materials provided hereon, provided that you comply fully with this Agreement. You agree not to interrupt, or attempt to interrupt, the operation of the Website in any way.
NOVARE Media Monitoring Services are supported by paid membership, although we do offer a free account. All users are bound by this Agreement. Certain components or functionalities of the Website are available only through the purchase of a Website subscription (hereinafter referred to as "Fee-Based Services").
1. Provisions of our Fee-Based Services.
a) You agree to pay, using a valid credit card which NOVARE accepts (billed through InsideServices Corporation), the annual subscription charges set forth on the Website, applicable taxes, and other charges incurred on your account in order to access Fee-Based Services. NOVARE reserves the right to increase fees, surcharges, and Website subscription fees, or to institute new fees at any time. Unless otherwise notified in advance by you, NOVARE will automatically charge your account for renewal of your Website subscription. In the event NOVARE cannot charge your account, we reserve the right to terminate your access to the Fee-Based Services. If you purchase a Website subscription to access the Fee-Based Services and cancel within 72 hours (3 days) NOVARE will provide you with a 100% refund. (if you cancel within the 3 days, your account will be terminated). Thereafter, no refunds are permitted.
b) In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Website, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the Fee-Based Services.
c) For purposes of identification and billing, you agree to provide NOVARE with accurate, complete, and updated information required by the Website subscription registration to the Fee-Based Services (hereinafter referred to as "Information"), including your legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date, CVS number). You may check you account via Manage Your Account to determine whether your Information is current and accurate, and, if not, to correct or update your Information. Failure to comply with this provision (including without limitation falsification of any Information) may, at NOVARE's option, result in immediate suspension or termination of your right to use the Fee-Based Services.
d) You agree to promptly update your “Manage Your Account”, in the event of any known or suspected unauthorized use of your subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your subscription until you update your Manage Your Account. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your subscription is subject to use without your authorization, please go to Manage Your Account to update/change your password information.
e) Your password. As part of the registration process, you will select a password. You are solely responsible for maintaining the confidentiality of any password you use to access the Media Monitoring Services, and agree that NOVARE will have no obligations with regard thereto.
f) Financial responsibility. You agree not to assign, transfer or sublicense your rights as a subscriber to the Fee-Based Services. You agree to be financially responsible for all usage or activity on your Media Monitoring Services account.
2. Provisions of the Media Monitoring Services. (All users)
a) You acknowledge that the Media Monitoring Services contains links, descriptions and other material (collectively, the "Links") that are protected by copyright, trademark or other proprietary rights of NOVARE and third-party content providers (hereinafter referred to as "Publishers").
may not modify the code that NOVARE provides to you which
generates the Links or any of the Links, in whole or part.
are not entitled to frame an article or advertisement from an
NOVARE or Publishers' website.
may not license, sublicense, sell, assign, or transfer any of the
Links provided by the News Feed Service.
e) You may not reproduce/publish in any form (whether online or not) the Links provided through the Media Monitoring Services.
are not authorized to copy the text from any article or
Links on the News Feed Service contain a link to the original
Publisher's website via an intermediate link through an
NOVARE's Website. You may not delete, disable, modify or hide
this intermediate link.
3. Content Disclaimer.
This media monitoring service has been developed by NOVARE.
The Links will take users to an external Publishers’ websites that are not affiliated with NOVARE. Publishers’ websites may require their own registration.
for NOVARE’S Fee Based Services does not include payment
of any applicable fees charged by third party Publishers on their
Results in our indices are indexed by NOVARE's automated systems. Links and pointers to Publishers’ websites do not constitute an endorsement by NOVARE of Publishers’ websites or any materials contained therein. NOVARE does not control, and is not responsible for, the availability, accuracy, or currency of Publishers’ websites or any information, content, products or services accessible thereon.
You hereby agree to indemnify, defend and hold harmless NOVARE or its affiliates from and against any and all liability and costs incurred by NOVARE or the affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim.
NOVARE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of NOVARE.
5. Warranties Disclaimer.
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Website is at your sole risk. NOVARE reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Website, or to deny access to the Website to anyone at any time. You acknowledge and agree that NOVARE is not responsible for any materials posted by users of the Website. Prior to purchasing Publishers’ or any third party products or services described on the Website, you are advised to verify pricing and other information. Neither NOVARE nor its affiliates shall have any liability arising from your purchases of third party goods or services based upon the information provided on the Website.
EXCEPT AS EXPRESSLY SET FORTH HERIN, THE WEBSITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, FEE-BASED SERVICES, NEWS FEED SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICLAR PURPOSE, TITLE, COMPATABILITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NOVARE AND THE AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY NOVARE. NOVARE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR THE FEE-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR FEE-BASED SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE WEBSITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE WEBSITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY.
USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL NOVARE OR THE AFFILIATES, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR NOVARE OR THE AFFILIATES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, FEE-BASED SERVICES OR MEDIA MONITORING SERVICES, EVEN IF NOVARE, THE AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF NOVARE AND THE AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE FEE-BASED SERVICES. YOU HEREBY RELEASE NOVARE AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In addition to any other rights of the parties set forth, NOVARE may cancel or terminate this Agreement. NOVARE also reserves the right to restrict, suspend or terminate your access to the Fee-Based Services in whole or in part, without notice, with respect to any breach or threatened breach of any portion of this Agreement. If NOVARE terminates this Agreement based on a breach of any portion of this Agreement, NOVARE reserves the right to refuse to provide a subscription or any Fee-Based Services to you in the future.
7. Modifications to the Agreement.
NOVARE has the right to modify this Agreement and any policies affecting the Website. Any modification is effective immediately upon posting to the Website or distribution via electronic mail or conventional mail. Your continued use of the Website following any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of NOVARE in providing the Website, including without limitation:
a) any change in the content, or
b) any change in the amount or type of fees associated with the Fee-Based Services is to cancel your subscription.
NOVARE has the right to modify, suspend or discontinue the Website or any portion thereof at any time, including the availability of any area of the Website, including without limitation the Fee-Based Services. NOVARE may also impose limits on certain features and services or restrict your access to parts or all of the NOVARE Website without notice or liability.
8. Email Marketing Communication
NOVARE reserves the right to send its customers, members, and user’s promotional emails or offers. You may opt-out of receiving such emails or offers at any time by clicking the unsubscribe link in the email you received.
This Agreement constitutes the entire agreement between you and NOVARE with respect to the Website and, if applicable, the Fee-Based Services and supersedes all prior agreements between you and NOVARE. Failure by NOVARE to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the state of Tennessee, USA (excluding its choice of law rules). You consent irrevocably to personal jurisdiction in the federal and state courts of Tennessee, USA for any action arising out of or relating to your use of the Website, Fee-Based Services or Media Monitoring Services. The federal and state courts of Tennessee shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
Use of any NOVARE Service indicates your agreement to the terms and conditions set forth above.
Copyright © 2008 Novare Technologies Corporation