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TERMS OF USE PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING
OR ACCESSING ANY PAGES IN THIS WEBSITE. By using or accessing this
website you signify your acknowledgment and assent to the terms and
conditions of use set forth below. If you do not agree to these terms of
use, please do not use this website. Nventa™ Incorporated is free to revise
these terms of use at any time by updating this posting, and your use
after such change signifies your acceptance of the changed terms. Please
check these terms of use periodically for changes.
This website is owned and operated by Nventa™ Incorporated and its
subsidiaries and affiliates (collectively "Nventa™ Incorporated," "we," or
"us"). Questions concerning this website or its operation should be
directed to the contact points set forth at the end of these terms of
use.
In connection with viewing and using this website, you are permitted to
temporarily download one copy of the materials posted on this website onto
a single computer for only your personal, non-commercial use. Except as
otherwise specifically provided elsewhere on this website, redistribution,
retransmission, republication or commercial exploitation of the contents
of this website are expressly prohibited without the written consent of
Nventa™ Incorporated and any copyright owner from whom we have obtained a
license. Requests for such permission should be made to the contact specified
below. All rights not expressly granted
herein are reserved. Downloading of any information, content or images
from this website does not transfer any right or ownership of such
information, content or images to you, and such information, content or
images may be used solely in accordance with these terms of use. You may
not mirror or archive any part of this site or any material contained on
this site on any server or computer without Nventa™ Incorporated's written
permission.
CONTENTS AND HYPERLINKS This website
may contain hyperlinks to third party websites, and those websites are the
sole responsibility of such independent third parties, and use thereof is
solely at your own risk. Nventa™ Incorporated has no control over the content
or policies of such third party websites, and we are not responsible for
(and under no circumstances shall be liable for) the contents, accuracy or
reliability of any websites hyperlinked to this website, Those who choose
to access information from this website (including any information
obtained through any hyperlink) are solely responsible for the compliance
of such information with any applicable law.
If you want to link to this website, please contact
us before creating that link so the site may be
previewed. Nventa™ Incorporated expressly forbids the unauthorized use of its
logos, trademarks, or other graphics to create links. Text links are
permitted upon approval.
USER CONTENT Nventa™ Incorporated is
pleased to hear from its customers, however we do not accept or consider
any creative ideas, suggestions or other materials related to products,
services or marketing except in compliance with the procedures outlined
for idea submissions outlined elsewhere in this website. Please do not
send us any original creative materials such as product ideas or
suggestions except in compliance with such procedures. Anything you
disclose or offer to us by or through this website ("Communications"),
including e-mails to Nventa™ Incorporated or postings on interactive portions
of this website, shall be deemed and shall remain the property of Nventa™ Incorporated. If you send us such Communications, you are providing it to us
on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such
information secret, to refrain from using such information, or to
compensate your for the receipt or use of such Communications. Nventa™ Incorporated
is free to use, for any purpose whatsoever, any Communications,
including but not limited to publishing, or developing, manufacturing, and
marketing products using such Communications. By submitting Communications
to us through this website, through e-mail, or through any means other
than through the procedures outlined elsewhere in this website, you hereby
RELEASE Nventa™ Incorporated from any liability under any legal theory in
connection with the use, modification, sale, or disclosure of any
Communications. By uploading or otherwise providing any Communications to
this website or Nventa™ Incorporated, you hereby grant Nventa™ Incorporated, to
the extent you retain any rights, the unlimited, perpetual right to reuse,
redistribute, modify and create derivative works from such Communications
for any purpose and in any media without compensation, and you warrant
that all "moral rights" in uploaded Communications have been waived.
INTERACTIVE AREAS AND CODE OF ACCEPTABLE
CONDUCT Nventa™ Incorporated does not ordinarily filter, censor,
edit or regulate information and content provided by third parties on this
website, including any such information provided in interactive areas, and
we neither endorse nor are responsible for (and under no circumstances
shall be liable for) the contents, accuracy or reliability of such
information and content.
When participating in interactive portions of this website, you
represent that you have proper right and authorization to use any
information or content you upload or post and agree to abide by the
following code of acceptable conduct:
- You will not upload or otherwise provide infringing, defamatory,
obscene, pornographic, threatening, abusive, illegal or otherwise
improper content.
- You will not upload viruses or harmful components.
- You will not use the website to further any illegal purpose or to
violate the rights of any party.
- You will not upload or otherwise provide content with a commercial
purpose or attempt to solicit funds or advertise goods and services.
Nventa™ Incorporated will assist law-enforcement officials investigating
illegal activity or violations of these terms of use.
PRODUCTS, SERVICES AND
SOFTWARE Downloading software from this website does not give
you title to such software, including any files, data and images
incorporated in or associated with the software. Your use of any such
software shall be only in accordance with the license agreement that is
included with the software or presented upon download of such software.
Software available on this website is copyrighted by Nventa™ Incorporated or
its owner. Software may not be copied, redistributed or placed on any
server for further distribution. You may not sell, modify, decompile,
disassemble, or otherwise reverse engineer the software.
A description or reference to a product, service or publication on this
website (including any description or reference via hyperlink) does not
imply endorsement by Nventa™ Incorporated of that product, service or
publication. Products and software offered through this website shall be
warranted, if at all, through the written license or warranty provided in
connection with such product or software.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT INFRINGEMENT Pursuant to Title 17, United States Code,
Section 512(c)(2), notifications of claimed copyright infringement should
be sent to our Designated Agent. See our Procedure for Copyright
Infringement Claims.
NO REPRESENTATIONS OR
WARRANTIES Nventa™ Incorporated makes no representations or
warranties that this website is free of defects, viruses or other harmful
components. We shall not be responsible for any damages or loss that may
result from the hacking or infiltration of this website or Nventa™
Incorporated's computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR
ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION
WITH THIS WEBSITE AND YOU AGREE TO HOLD NVENTA™ INCORPORATED HARMLESS FROM,
AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS
WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS
RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE.
The pages on this website may contain technical inaccuracies, outdated
information and typographical errors. To the extent permitted by
applicable law, THIS WEBSITE IS PROVIDED "AS IS." NVENTA™ INCORPORATED DOES
NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR
MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA
CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR
SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE
AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS
WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE
LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY UNDER NO
CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL NVENTA™ INCORPORATED BE LIABLE FOR
ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT
RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE
CONTENT OR MATERIALS ON THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL NVENTA™ INCORPORATED'S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF
ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY
YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
JURISDICTION AND CHOICE OF
LAW Nventa™ Incorporated controls and manages this website from its
facilities in the State of Arizona in the United States of America.
Unless otherwise stated, materials and content on this website are
presented solely for promoting products and services in the United States
of America. Information published on this website may contain references
to products, programs and services that are not announced or available in
your country or region. We make no representation that such information,
products, programs or services referenced on this website are legal,
available or appropriate in your country or region.
These terms of use shall be governed by and construed in accordance
with the laws of the State of Arizona and the United States of America,
without giving effect to any principles of conflicts of law. You and
Nventa™ Incorporated irrevocably consent to the exclusive jurisdiction of the
courts located in Arizona in connection with any action arising out of or
related to these terms of use or their subject matter. You and Nventa™
Incorporated waive any objection based on lack of personal jurisdiction,
place of residence, improper venue or forum non conveniens in any such
action.
TRADEMARKS AND COPYRIGHTS Nothing on
this website shall be construed as conferring any license under any
intellectual property right, including any right in the nature of
trademark or copyright, of Nventa™ Incorporated or any third party, whether
by estoppel, implication, or otherwise. All trademarks and trade names are
the property of their respective owners.
Except as otherwise noted, Nventa™ Incorporated is the owner of all
trademarks and service marks on this website, whether registered or not.
All registered trademarks are registered in the United States of America
(or other applicable jurisdictions).
SECURITIES AND INVESTMENT This
website and the information contained or referred to herein does not
constitute an offer or a solicitation of an offer for the purchase or sale
of any securities.
This website may contain information and press releases about and by
Nventa™ Incorporated. While information prepared by us was believed to be
accurate as of the date so prepared, we disclaim any duty or obligation to
update such information or to verify the accuracy of information prepared
by others. Any statements in this site that are not historical facts,
including but not limited to plans, projections, objectives, goals,
strategies, future events or performance and underlying assumptions, are
forward-looking statements as provided in the rules and regulations of the
Securities Act of 1933, Securities Exchange Act of 1934, and the Private
Securities Litigation Reform Act of 1995. Such statements are intended to
fit within the 'safe harbor' for forward-looking information and is
subject to material risk factors which may or may not be disclosed herein.
Statements or phrases that use such words as "believes," "anticipates,"
"plans," "may," "hopes," "can," "will," "expects," "estimates,"
"predicts," "is designed to," "with the intent," "potential," and similar
expressions commonly indicate forward-looking statements, but in their
absence do not mean that a statement is not forward-looking. Any
forward-looking statements contained herein involve risks and
uncertainties, including but not limited to, general economic and currency
conditions, various conditions specific to the Nventa™ Incorporated's
business and industry, market demand, competitive factors, supply
constraints, technology factors, government and regulatory actions, Nventa™
Incorporated's accounting policies, future trends, and other risks which are
detailed in Nventa™ Incorporated's investor filings.
SEVERABILITY If any provision of
these terms of use shall be deemed unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from the
remaining terms of use and shall not affect the validity and
enforceability of any remaining provisions.
PRIVACY Please see our Privacy
Policy for information regarding the collection and use of personal
information from this website.
Despite any representations concerning privacy, Nventa™ Incorporated
reserves the right to disclose without notice to you any information in
its possession if required to do so by law or upon a good-faith belief
that such action is necessary to comply with the law, to protect or defend
our rights or property, or to respond to an emergency situation. Specific
areas or pages of this website may include additional or different terms
relating to the use of personal information collected from such areas or
pages.
GENERAL These terms of use represent
the entire understanding relating to the use of this website and prevail
over any prior or contemporaneous, conflicting or additional
communications.
Any unauthorized access, modification or change of any information, or
any interference with the availability of or access to this website is
strictly prohibited. Nventa™ Incorporated reserves all legal rights and
remedies available to it and this disclaimer shall in no way be deemed a
limitation or waiver of any other rights Nventa™ Incorporated may have.
Specific areas or pages of this website may include additional or
different terms relating to the use of this website. In the event of a
conflict between such terms and these terms of use such specific terms
shall control.
Unless otherwise indicated, all material on this site © 2003-2006 Nventa™
Incorporated
All rights reserved.
CONTACT INFORMATION: E-Business
Team Nventa™ Incorporated 6619 E Paradise Lane Scottsdale,
AZ 85254
PROCEDURE FOR COPYRIGHT INFRINGEMENT
CLAIMS Notification must be submitted to the following
Designated Agent:
- Service Provider(s): Nventa™ Incorporated
- Name of Agent Designated to Receive Notification of Claimed
Infringement: General Counsel
- Full Address of Designated Agent to Which Notification Should Be
Sent: 6619 E Paradise Lane, Scottsdale, AZ 85254
- To be effective, the notification must be a written communication
that includes the following:
- A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that alledgedly infringed;
- Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such works at
that site;
- Identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably sufficient
to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to
contact the complaining party, such as an address, telephone number,
and, if available, an electronic mail address at which the complaining
party may be contacted;
- A statement that the complaining party has a good-faith belief that
use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
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