Terms of Use

Website Terms of Use – INOVA; Updated May 7, 2013

IMPORTANT-READ CAREFULLY

The TERMS OF USE ("TOU") is a legal agreement between you (either as an individual or any other legal entity) ("You" or "Your") and Inova Solutions, Inc. ("Inova"). Your access to, and use of Inova websites ("Website") is subject to, and governed by, these TOU. Be sure to carefully read and understand all of the rights and restrictions delineated in these TOU. For Your reference, You may print the TOU by using the "Print" option on Your browser. By accessing the Website, you confirm your agreement to and acceptance of these terms. Inova reserves the right to update the TOU at any time without notice to You. You may view the current applicable version of the TOU at any time by clicking on the "Terms of Use" link at the bottom of each Website page.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CERTAIN INOVA WEBSITES INCLUDING, BUT NOT LIMITED TO PASSWORD PROTECTED SITES, CONTAIN TERMS OF USE IN ADDITION TO, OR DIFFERENT FROM THE TOU AND THE TERMS OF USE POSTED ON SUCH WEBSITES SHALL APPLY.

1.  Access. Inova has the right, but not the duty, to terminate or suspend Your access to the Website, without notice, for any conduct that Inova, 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 service provider or Inova. Inova makes no representation that the information contained in the Website is appropriate or available for use throughout the world. It is forbidden to access the Website from territories where the legislation provides that the content or use of the Website is illegal. You choose to use the Website on Your own initiative, and it is Your responsibility to ensure that You conform to all applicable local laws.

2.  Copyright. Inova, its suppliers or the original creator of the material own all copyrights to material on the Website and all other intellectual property rights related to the Website. To the extent that Inova has the right to do so without compensation to third parties, and except for material specifically provided under other terms, Inova grants You permission to copy materials on the Website solely for Your non-commercial use in support of Inova products. You agree that any copies of material shall retain all copyright and other proprietary notices in the same form and manner as the original. You may not, without Inova's permission, "mirror" any material contained on the Website or any other server. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark, patent, copyright, mask work protection right or any other intellectual property right of Inova or any third party.

3.  Trademarks. Inova and the Inova logo are trademarks or service marks, registered or not, of Inova. Nothing in the Website may be interpreted so as to grant to You, directly or indirectly, the use of a trademark or service mark reproduced on the Website, whether belonging to Inova or third party suppliers, without the written permission of Inova. All other trademarks are the property of their respective owners.

4.  Communications and Information Provided to Inova.

4.1.  Inova does not want You to, and You should not, send any confidential or proprietary information to Inova via the Website (including via submission of an email, chat message, filling out a service request or any other method of submission). Any submission by You to Inova, including but not limited to questions, comments, suggestions or the like shall be deemed to be non-confidential and shall become the property of Inova to the extent permitted by applicable law. Furthermore, by Your submission, You agree that all submissions are deemed non-confidential and non-proprietary and You grant Inova an unrestricted, irrevocable license to record, use, reproduce, display, perform, modify, transmit, and distribute such information. Inova shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.

4.2.  Any Personal Data provided by you will be treated as set forth in Section 12 below.

5.  Links. THE LINKS ON THE WEBSITE WILL LET YOU LEAVE INOVA'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF INOVA AND INOVA IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. INOVA IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. INOVA IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY INOVA OF THE SITE.

6.  Product Availability. The availability of the products described on the Website, and the product descriptions, may vary from country to country. You should consult the applicable Inova affiliate or authorized distributor for availability of specific products in Your area.

7.  Export of Information. The United States Export Controls laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded or otherwise exported in violation of United States law or any other local law from where You may be accessing the Website. You agree to comply with all United States and foreign Federal, State and local laws and regulations applicable to the use of the Website.

8.  Limitation of Liability. INOVA, ITS RELATED COMPANIES, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS MAY NOT, UNDER ANY CIRCUMSTANCES BE HELD LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF (OR THE INABILITY TO USE) THE WEBSITE OR ANY MATERIAL ON THE WEBSITE. THIS INCLUDES, BUT IS NOT LIMITED TO, THE LOSS OF DATA OR LOSS OF PROFIT, EVEN IF INOVA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ALL OR PART OF THIS LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE FOR ANY REASON, THEN INOVA'S MAXIMUM AGGREGATE LIABILITY UNDER SUCH CIRCUMSTANCES FOR LIABILITY THAT WOULD OTHERWISE HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

9.  Assignment. The TOU may not be assigned or transferred by You without the prior written consent of Inova. Inova may assign the TOU to any affiliate or third party in part or in whole.

10.  Disputes.

10.1.  Any controversy or claim arising out of or in connection with the TOU, its enforcement or interpretation, will be finally resolved solely in accordance with the terms of this Section 10.  THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL FOR ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THIS AGREEMENT AND/OR THE USE OF THE WEBSITE.

10.2.  Any claim, dispute or controversy (collectively a “Claim”) arising out of or relating to the TOU, including without limitation the formation, interpretation, breach or termination hereof, or any issue regarding whether a Claim is subject to arbitration hereunder, that cannot be settled by good faith negotiation between the parties within a reasonable period of time, will be conclusively determined by a final and binding arbitration proceeding to take place in Charlottesville, Virginia. Such proceeding will be conducted in English and administered by JAMS pursuant to the JAMS Comprehensive Arbitration Rules and Procedures then in effect, or in the event one of the parties is located outside of the United States, pursuant to the JAMS International Arbitration Rules then in effect, before a panel of one arbitrator chosen in accordance with such rules. The arbitrator will not award punitive or exemplary damages, and will not have the authority to limit, expand or otherwise modify the TOU. The ruling by the arbitrator may be entered in any court having jurisdiction over the parties or any of their assets. The parties will evenly split the cost of the arbitrator’s fees, but each party will bear their own attorneys' fees and other costs associated with the arbitration. The parties agree that this arbitration provision may be enforced by injunction or other equitable order, and no bond or security of any kind will be required with respect to any such injunction or order. In addition and notwithstanding the foregoing, Inova shall be entitled to take any necessary legal action, including without limitation seeking immediate injunctive relief from a court of competent jurisdiction, in order to protect Inova’s intellectual property and its confidential or proprietary information (including but not limited to trade secrets).

10.3.  Actions on Claims between the parties with respect to the TOU must be brought in accordance with this Section 10 within two years after the cause of action arises.

10.4.  Governing Law. The TOU are governed by Virginia law, excluding choice of law principles and the United Nations Convention on Contracts for the International Sale of Goods. If any provision of the TOU is determined to be unenforceable or invalid, the TOU will not be rendered unenforceable or invalid as a whole, and the provision will be changed and interpreted so as to best accomplish the objectives of the original provision within the limits of applicable law. The failure to assert any rights under the TOU, including, but not limited to, the right to terminate in the event of breach or default, will not be deemed to constitute a waiver of the right to enforce each and every provision of the TOU in accordance with their terms.

11.  Access to Password Protected/Secure Areas. Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.

12.  Data Privacy.

12.1.  You and Inova agree that they shall comply in all respects with all applicable data protection laws and regulations (or any legislation or regulations amending or replacing the same) (together, the "Data Protection Laws").

12.2.  You shall in connection with these TOU (i) not do or permit anything to be done through an act or omission which might jeopardize or contravene Inova's liability under Data Protection Laws; and (ii) enter into such agreements as Inova shall reasonably require in relation to the cross border migration of personal data.

12.3.  You shall indemnify and keep Inova fully indemnified against any and all liability, loss, damage, costs (including legal costs) and expenses which Inova, or any Inova affiliate may incur or suffer whether direct or consequential (including without limitation any economic loss or other loss of profits, business or goodwill) as a result of any breach of Section 12.2.

12.4.  WHEN YOU SUBMIT PERSONAL DATA TO INOVA ON THE WEBSITE OR WHEN REGISTERING FOR THE WEBSITE, INOVA MAY TRANSFER AND/OR RETAIN THE PERSONAL DATA YOU SUBMITTED TO A COUNTRY OUTSIDE THE COUNTRY IN WHICH YOU ARE LOCATED OR FROM WHERE SUCH PERSONAL DATA WAS COLLECTED, WHICH MAY NOT HAVE THE SAME OR EQUIVALENT DATA PRIVACY PROTECTIONS. IF YOU DO NOT APPROVE OF SUCH TRANSFER AND/OR RETENTION, DO NOT SUBMIT PERSONAL DATA TO INOVA.

12.5.  Inova collects personally identifiable information like names, postal addresses, email addresses, etc., when voluntarily submitted by You. The information You provide is used to fulfill your order or request and inform you of special offers or promotions. You can unsubscribe from these emails at any time by clicking the unsubscribe link in the email or contacting info@inovasolutions.com or +1.866.686.8774. We will never share your information with a third party.

This site may use cookie and tracking technology for gathering information that will help us understand how the site is being used. Cookies can also help customize the site for visitors. Aggregate cookie and tracking information may be shared with third parties.

Inova may share information with governmental agencies or other companies assisting Inova in fraud prevention or investigation. Inova may do so when: (1) permitted or required by law; or, (2) trying to protect against actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.

13.  Disclaimers.

13.1.  WHILE INOVA ATTEMPTS TO PROVIDE ACCURATE INFORMATION ON THE WEBSITE, IT ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION. INOVA MAY CHANGE THE INFORMATION ON THE WEBSITE, OR THE PRODUCTS MENTIONED, AT ANY TIME WITHOUT NOTICE. MATERIAL, INCLUDING SOFTWARE AND TOOLS, ON THE WEBSITE AND THE WEBSITE ITSELF IS PROVIDED "AS IS" AND INOVA DOES NOT PROVIDE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. INOVA SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE OR ANY CONTENT OR MATERIAL ON THE WEBSITE.

13.2.  INOVA MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

13.3.  ANY MATERIAL, TOOLS OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR SOFTWARE.

13.4.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INOVA OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

14.  This constitutes the entire agreement between the parties with respect to the Website and its use and, except with respect to Inova Websites containing additional or different terms of use, supersedes all prior agreements, proposals, communications between the parties and understandings, whether written or oral.