1. Acceptance of Terms
2. Use of Site
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. The Site at iovation.com is controlled and operated by iovation Inc. ("iovation", "we", or "us"). By accessing and using this Site, located at http://www.iovation.com or any of iovation's other URLs, you are hereby agreeing to be legally bound by these Terms. By utilizing the Site, you represent that can and will be legally bound by these Terms. If you do not agree with all of the following Terms, do not use this Site. We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review these Terms to keep yourself apprised of any changes. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms.
3. Policy Date
These Terms were last updated on September 23, 2008.
4. Proprietary Rights
All software, design, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements (collectively, "content") are the property of iovation and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.
All content of this Site copyright 2008 of iovation, or are the proprietary property of iovation's vendors, affiliates, licensors or partners. No content of this Site may be reproduced, modified, used to create derivative works, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party without the express prior written consent of iovation. All rights reserved.
iovation, iovation.com, the iovation logo, Reputation Shield, AccessManager, Device Reputation Authority, ReputationManager, The Power of Reputation, AccountLock, Reputation is Everything and DeviceConfirm are including without limitation, either trademarks, service marks or registered trademarks of iovation, and iovation reserves all rights therein and thereto.
THE SITE AND THE INFORMATION AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." IOVATION, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD-PARTY PROVIDERS TO THE SITE DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SITE AND ANY INFORMATION AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IOVATION, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD-PARTY PROVIDERS TO THE SITE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
9. Links to Third Party Sites
The Site may contain hyperlinks to other Web sites controlled by parties other than iovation. iovation is not responsible for and does not endorse the contents or use of these Web sites.
You agree to indemnify, defend and hold harmless, iovation, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms by you.
Any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in applicable courts located in Portland, Oregon, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
These Terms and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the Delaware without regard to conflict-of-laws principles, and jurisdiction for any court action in the Portland, Oregon.
If any provisions of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
All provisions of these Terms relating to ownership of intellectual property and proprietary rights, warranty disclaimers, limitation of liability, and indemnification shall survive the termination of your use the Site, for whatever reason.