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OTOVATION will NEVER provide your personal data to any
third party without your permission. Our privacy policy outlines how committed
we are to earning and maintaining your trust.
We collect information from and about our visitors at various points
throughout this site. This information is used to develop a relationship with
our visitors and to continually enhance our services. Because we respect your
right to privacy, we do not sell, or otherwise share the information
gathered. It is against our policy to provide any personal
information you may give us to any third party without your permission.
From time to time, we may request information in order to get a better sense of
how we might better serve your needs and interests. This information, which you
may elect or decline to provide, is also subject to this policy.
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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

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