TERMS AND CONDITIONS OF USE

The use of this site is governed by the policies, Terms and Conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of these Terms and Conditions. Your placement of an order indicates your acceptance of these Terms and Conditions. OTOVATION reserves the right to make changes to this site and these Terms and Conditions at any time.

Section 1. Use of Content.

Upon acceptance of these Terms and Conditions, OTOVATION authorizes you to view or download a single copy of the material on this website solely for your personal, noncommercial use. The contents of the OTOVATION site, such as text, graphics, images and other material including software licensed by OTOVATION to permit Subscribers to access the OTOVATION site ("Content"), are protected by copyright under both United States and foreign laws, and title to the Content shall not pass to you or any other User. Unauthorized use of the Content may violate copyright, trademark, and other laws. None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the prior written consent of OTOVATION. For information obtained from OTOVATION's licensors, you are solely responsible for compliance with any copyright, trademark and other proprietary rights and restrictions and are referred to the publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited. Content is subject to change without notice at the editorial discretion of OTOVATION. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Section 2. Company's Liability; Disclaimer of Consequential Damages.

The Content comes from sources believed to be accurate, but may contain inaccuracies or typographical errors. OTOVATION makes no representations about the results to be obtained from using the OTOVATION site or the Content. The use of the OTOVATION site and the Content is at your own risk. YOU ACKNOWLEDGE THAT IN CONNECTION WITH THE OTOVATION SITE, INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE, INTEREXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL AND JURISDICTION OF OTOVATION AND ITS SUPPLIERS. ACCORDINGLY, OTOVATION ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE OTOVATION SITE. IF YOUR USE OF THE OTOVATION SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING DATA OR EQUIPMENT, OTOVATION IS NOT RESPONSIBLE FOR THOSE COSTS. THE OTOVATION SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. OTOVATION, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. OTOVATION, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE CONTENT, SERVICES, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH USE OF THE OTOVATION SITE, ITS LICENSORS, AND ITS SUPPLIERS DO NOT MAKE ANY WARRANTY THAT THE CONTENT CONTAINED ON THE OTOVATION WEBSITE SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION. IN NO EVENT SHALL OTOVATION, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE OTOVATION WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE OTOVATION AND THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OTOVATION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 3. Subscriber Submissions.

Except as described herein, any communication, which you post on the OTOVATION site, is considered to be non-confidential. You agree that you will not upload or transmit any communications that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party. By submitting communications to any part of this site, you automatically grant-or warrant that the owner of such Content has expressly granted OTOVATION a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.

Section 4. Order Acceptance.

The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. OTOVATION reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.

Section 5. Termination of Usage.

OTOVATION may terminate User access, or suspend any User's access to all or part of its sites and services, without notice, for any conduct that OTOVATION, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a Merchant, a Sponsor, a Licenser, a service provider, or OTOVATION.

Section 6. Links to Other sites.

OTOVATION contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by OTOVATION of the content on such third-party websites. OTOVATION is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Your use of third-party websites is subject to the Terms and Conditions of use for such sites.

Section 7. Advertisements.

OTOVATION contains advertisements by third parties, and these advertisements may contain links to other websites. Unless otherwise specifically stated, OTOVATION does not endorse any product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on OTOVATION.

Section 8. Indemnity.

You agree to defend, indemnify and hold OTOVATION, its officers, directors, employees and agents, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Content (including Software) and the Services in a manner that violates or is alleged to violate these Terms and Conditions. OTOVATION shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Section 9. Export Control.

The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Contents (including Software) to countries or persons prohibited under the export control laws. By downloading the Contents (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Contents (including Software).

Section 10. General.

OTOVATION is based in Pennsylvania, in the United States of America. OTOVATION makes no claims the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the OTOVATION site from outside the United States, you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction.

Section 11. Jurisdiction.

You expressly agree that exclusive jurisdiction for any dispute with OTOVATION, or in any way relating to use of the OTOVATION site, resides in the courts of the Commonwealth of Pennsylvania and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Pennsylvania in connection with any such dispute including any claim involving OTOVATION or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. These Terms and Conditions are governed by the internal substantive laws of the Commonwealth of Pennsylvania, without respect to its conflict of law principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Section 12. Complete Agreement.

EXCEPT AS EXPRESSLY PROVIDED IN A PARTICULAR "LEGAL NOTICE" ON THE OTOVATION WEBSITE, OR IN THE SERVICE AGREEMENT, THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY WITH RESPECT TO THE USE OF THE OTOVATION SITE, SERVICES, AND CONTENT.

Thank you for your cooperation. We hope you find the OTOVATION site helpful and convenient to use. Questions or comments regarding this site should be directed by electronic mail to: info@otovation.com