Terms

These Terms and Conditions of Use (these "Terms") are a legal contract between NovoDynamics, Inc., a Delaware corporation ("NovoDynamics"), and you, the user accessing or using the NovoDynamics web site accessible through the URL http://www.novodynamics.com (the "Site").

THESE TERMS DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES IN CONJUNCTION WITH YOUR USAGE OF THE SITE. PLEASE READ IT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY OPENING ANY PAGES OF THE SITE, YOU SIGNIFY YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS, JUST AS IF YOU HAD SIGNED THEM. YOU ALSO CONSENT TO THE COLLECTION AND USE OF INFORMATION AS SET FORTH IN GREATER DETAIL IN OUR PRIVACY STATEMENT.

1. Third Party Internet Web Sites
   
   NovoDynamics may from time to time provide links and pointers on the Site to Internet sites maintained by NovoDynamics's affiliates or other third parties ("Third Party Sites") and may from time to time provide third party material on the Site. These Third Party Sites and third party materials are provided as a convenience only. NovoDynamics has not reviewed, and does not operate or control in any respect, any information, products or services available on Third Party Sites, and NovoDynamics is not responsible for any information provided at any Third Party Sites. NovoDynamics makes no representations and provides no warranties whatsoever concerning Third Party Sites, and the fact that NovoDynamics has provided a link to any Third Party Site on the Site does not constitute an endorsement, authorization, sponsorship or affiliation by NovoDynamics with respect to such Third Party Site or its owners or providers or any products or services mentioned or offered at the Third Party Site. NovoDynamics expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by, advertised on, or sold through, all Third Party Sites.
2. Timeliness of Information
   
   All press releases and other information contained on the Site were, to the best of NovoDynamics's knowledge, timely and accurate when issued. However, the passage of time can render all things stale, and NovoDynamics is not responsible for any misconceptions which may result from the reading of dated material. You should carefully check the dates of issuance of the information contained on the Site.
3. Privacy Policy
   
   NovoDynamics respects the privacy of its users, and has created a Privacy Policy that explains users' rights and responsibilities with respect to personal information disclosed on the Site. To read our Privacy Policy, please click here.
4. Disclaimer of Warranties
   
   YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. NOVODYNAMICS HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING CONTENT, THE SITE, AND THE PRODUCTS AND SERVICES PROVIDED BY THE SITE INCLUDING ANY WARRANTIES OF AVAILABILITY, NON-INTERCEPTION, FREEDOM FROM VIRUSES, ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THIS SECTION 5 REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN NOVODYNAMICS AND YOU.
5. Limitation of Liability
   
   UNDER NO CIRCUMSTANCES SHALL NOVODYNAMICS, ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, WHETHER IN TORT, CONTRACT OR OTHERWISE, WHETHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AS A RESULT OF YOUR USE OF THE SITE OR THE CONTENT, PRODUCTS OR SERVICES PROVIDED THEREON. IF THE FOREGOING LIMITATION IS UNENFORCEABLE, YOU AGREE THAT NOVODYNAMICS'S LIABILITY TO YOU, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL NOT EXCEED $500.00
6. Indemnification
   
   You agree to indemnify and hold harmless NovoDynamics and its directors, officers, employees and agents from and against any and all claims, actions and proceedings and any and all costs, fees (including attorneys fees), expenses, settlements, and judgments that result from your breach of these Terms or your access and use of the Site.
7. Copyrights
   
   NovoDynamics grants you the privilege of accessing and viewing the text, graphics, audio, design, images, charts and other content (the "NovoDynamics Content") on the Site solely for your personal, non-commercial use. NovoDynamics may revoke such privilege at any time with or without notice for any reason or no reason. Any and all NovoDynamics Content, software and other works on the Site and any reproductions of any of the foregoing (collectively, "Works") are the copyrighted works of NovoDynamics and/or its suppliers, and are protected under U.S. and worldwide copyright laws and treaty provisions. Other than the limited grant of access to and viewing of the NovoDynamics Content set forth above, NovoDynamics grants you no other privileges or rights in any of the Works. You acknowledge that any other use of the Works, including without limitation, reproduction, modification, distribution, transmission, republication, display, or performance, without the prior written permission of NovoDynamics, is strictly prohibited.
8. Trademarks
   
   NovoDynamics™, NovoDynamics.com™, Catalyst Development Engine™, Knowledge Cycle™ and Testing Cycle™, and all page headers, custom graphics, logos, and button icons are service marks, trademarks and/or trade dress (collectively, the "Marks") of NovoDynamics. You agree not to display, use or reproduce any of the Marks in any manner without prior written consent from NovoDynamics. Without limiting the generality of the foregoing, NovoDynamics specifically prohibits the use of any Mark as a "hot" link to the Site or any NovoDynamics web site unless the establishment of such a link is approved in advance by NovoDynamics in writing. Failure to obtain such approval shall entitle NovoDynamics to seek an injunction enjoining such use. All other trademarks, service marks, product names and company names or logos cited herein are the property of their respective owners.
9. Feedback
   
   Any ideas or suggestions received from you about how to improve the Site or the products or services of NovoDynamics or any of its affiliates shall be deemed a grant of permission by you for NovoDynamics to adopt and use such ideas or suggestions without additional consideration. Any information provided by you to NovoDynamics by e-mail or otherwise shall be deemed to have been provided by you and received by NovoDynamics on a non-confidential basis. With respect to all content you elect to post on the Site and any communication you direct to NovoDynamics, you automatically grant NovoDynamics a royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content and/or communication (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, and to sublicense such rights to third parties, subject to the provisions of our Privacy Policy.
10. Compliance
    
    NovoDynamics makes no representation or claim that any information on the Site is appropriate or may be downloaded outside the United States of America. Access to the Site and to any information thereon may not be legal by certain persons or in certain countries. If you access the Site from outside the United States of America, you do so at your own risk of liability under the laws of the United States of America or of your jurisdiction.
11. Miscellaneous
    
    These Terms, together with our Privacy Policy and any other agreement that may be entered into by you and NovoDynamics in connection with a specific product or service of NovoDynamics, constitute the entire agreement between you and NovoDynamics and supersede any and all other agreements, representations and understandings, whether written or oral. These Terms may not be modified or amended by you without the prior written consent of NovoDynamics. NovoDynamics may modify or amend these Terms and the Privacy Policy at any time without notice to you. You should regularly review these Terms for any modifications or amendments to these Terms as your continued use of the Site after a modification or amendment signifies your assent and agreement to these Terms, as amended. If any clause or provision set forth in these Terms is determined to be illegal, invalid or unenforceable under present or future law, then, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions. These Terms and your use of the Site and any products and services provided by the Site shall be governed by the laws of the United States of America and the State of Michigan, without regard to its conflicts of laws principles. The parties agree that the state courts located in or serving Washtenaw County, Michigan shall have exclusive jurisdiction over any and all claims, disputes or other controversies relating to or arising from these Terms or your use of the Site or any products and services provided by the Site. The parties hereby expressly consent to the exercise of jurisdiction over them by such courts. To the fullest extent permitted by applicable law, each party to these Terms waives its, his or her right to a jury trial with respect to any action brought under or in connection with these Terms. The headings used in these Terms are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms.