NEVO Network Internet Terms of Use Agreement
ACCEPTANCE OF TERMS
THIS AGREEMENT GOVERNS YOUR USE OF NEVO Network'S SOFTWARE, WEBSITE, AND INFORMATION
Any person who wishes to use NEVO Network's Service must agree to the terms and conditions of this Website Terms of Use and End User License Agreement, which includes the NEVO Network Privacy Policy (collectively, the "Agreement"), as well as all other policies and guidelines incorporated by reference in this Agreement. The Agreement is a binding agreement between you and NEVO Network.
BY DOWNLOADING OR INSTALLING, REGISTERING FOR, OR USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE, AND DO NOT USE NEVO Network'S SERVICE.
CHANGES TO THIS AGREEMENT
NEVO Network may change any of the terms and conditions contained in this Agreement, including the Privacy Policy and other policies and guidelines governing the Service, at any time in its sole discretion. NOTICE OF MATERIAL CHANGES TO THIS AGREEMENT WILL BE POSTED ON NEVO Network'S WEBSITE OR ON THE SERVICE BEFORE THEY BECOME EFFECTIVE. YOU ARE RESPONSIBLE FOR REVIEWING THE NOTICE AND ANY APPLICABLE CHANGES.
YOU AGREE THAT YOUR CONTINUED USE OF THE SERVICE FOLLOWING ANY CHANGES TO THIS AGREEMENT AND AFTER THE CHANGES TAKE EFFECT WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.
IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICE AFTER THE EFFECTIVE DATE OF SUCH CHANGES AND UNINSTALL ALL NEVO Network SOFTWARE.
CHILDREN 13 AND UNDER ARE INELIGIBLE TO USE NEVO Network'S SERVICE
If you are thirteen years old or younger, you are prohibited from downloading, registering for, or using the Service. By using the Service, you warrant to NEVO Network that you are above the age of thirteen. In addition, parents or guardians of children over the age of thirteen should be aware that the Service is designed to appeal to a broad audience. Accordingly, it is your responsibility to determine whether any portion of the Service is inappropriate for your child.
INFORMATION COLLECTED AND STORED BY NEVO Network'S SERVICE
By collecting URLs and other information, NEVO Network tracks and collects a record of users' Web browsing activity within and across websites ("usage paths"). NEVO Network also collects and stores other user information, such as the demographic and contact information you give NEVO Network when you download and install the software. For more detail about usage paths, URLs, personally identifying information, and NEVO Network's data collection and data use practices, see NEVO Network's Privacy Policy, which is a part of this Agreement.
NEVO Network currently enables users to access, review, edit, or delete information, including Web usage paths, collected during use of the Service. Also, NEVO Network does give you the opportunity to review and correct your website owner contact information and even to delete any unwanted information (review), if any, and any email address or demographic information you voluntarily provide to NEVO Network. Please refer to the Privacy Policy for instructions on how to do so. By using the NEVO Network Service you agree to waive any constitutional, common law, statutory, or regulatory right of access to such information that you might otherwise have or acquire.
Making Websites Invisible to NEVO Network
NEVO Network believes that persons who make information available on the Web do so with the expectation that such information will be publicly and widely available and will be indexed by information location tools such as search engines. NEVO Network further believes that making links to publicly accessible Web pages available from our Service is legally permissible and consistent with the common, customary expectations of those who make use of the Web.
If access to a particular website is restricted, we may remove the link to that site from the Service at the site operator's request. If, however, the operator of the site does not take steps to prevent it, the automatic software used to create NEVO Network's Service is likely to find it and index it again. For configuring a site to make it "invisible" to NEVO Network's automatic indexing software please Contact us.
NEVO Network is committed to protecting your privacy.
Please read the following privacy policy carefully before downloading and using NEVO Network's Toolbar Service software or using the NEVO Network website. If you download and use NEVO Network's Toolbar Service software or use the NEVO Network website, you will be bound by the terms of the Agreement, including this Privacy Policy. This policy may change from time to time so you should check it frequently.
NEVO Network does not attempt to determine the identity of any NEVO Network user by analyzing Web usage paths.
What types of information does NEVO Network collect?
If you are visiting the NEVO Network website (NEVO Network.com), we collect the following information: the full Uniform Resource Locator("URL") of the Web page from which you came to NEVO Network.com; your Internet Protocol ("IP") address, which may include a domain name; the date and time for each page you view; the name of and information about any advertisement that brought you to the NEVO Network website; searches you perform, links you click on; and computer and connection information such as browser type and version, operating system, and platform. We also transmit cookies to your computer so we can track the pages of our website that you view and the order in which you view them.
If you use the E-mail This Site feature, we collect your message, the recipient e-mail address(es), and your e-mail address for the purpose of sending the e-mail. We do not send other e-mail to these address(es). If you choose, we can save your e-mail address in a cookie on your computer to make this feature easier to use.
How to Change Your Information
You can inform us of a change in the e-mail address or demographic information you provide us by contacting us. NEVO Network does not currently enable users to access, review, or change usage path and shopping path information collected during use of the Toolbar Service. NEVO Network also does not enable users to delete information, including usage path, shopping, and demographic information.
If you do not want to receive NEVO Network newsletters, offers, and product and service information, simply contact us and be sure to include the e-mail address where such information is being sent, and state that you no longer want to receive NEVO Network information and updates.
USER AND OTHER THIRD PARTY CONTENT
"Reviews" are postings authored by you or another user of the Service through the "Reviews Feature" on NEVO Network's Services. You are responsible for anything you post in any Review. All Reviews must be accurate and truthful. You may not post in any Review material that you know or reasonably should know to be false or materially misleading, or that is libelous, defamatory, obscene, vulgar, abusive, harassing, threatening, or otherwise objectionable, or that is solely commercial in nature, or that invades a person's privacy, infringes another person's intellectual property rights, or otherwise violates any law or regulation.
NEVO Network is not responsible for, and does not represent or endorse the accuracy or reliability of, any opinion, advice, statement, recommendation or other information included in any Review posted on the Service. Any reliance by you on any such opinion, advice, statement, recommendation or other information in a Review shall be at your sole risk.
Without limiting the foregoing, NEVO Network retains the right but not obligation in its absolute and sole discretion to screen, edit, or delete any Review or other content displayed, uploaded to, distributed, or otherwise published through the Service and to prevent or restrict access to the Service for any reason, including to purge Reviews, or take any other action to restrict access to or availability of material.
ANTI-SPAM POLICY AND ACCEPTABLE USE
While we encourage you to refer friends, family, colleagues, and others to use the Service, you may do so only through methods that are consistent with the terms and conditions of your own Internet service provider as well as prevailing standards of acceptable Internet use and behavior. In particular, you may not use the Service, name, trademarks, or other intellectual property of NEVO Network in conjunction with the sending of unsolicited email, or cause to be used NEVO Network's equipment, network connectivity, or other resources to originate, deliver, relay, or otherwise transmit unsolicited email messages. You may not engage in any of these prohibited activities by using the service of any other provider, third-party agent, remailing service, or address forwarding service, in such a way that NEVO Network's network addresses or NEVO Network-hosted Web or email services are in any way identified as being associated with the sending of unsolicited email. Other prohibited methods of advertising or promoting your involvement with NEVO Network include multiple postings of messages to Usenet newsgroups, mailing lists, chat rooms (including IRC, AIM, ICQ, or other interactive chat services) or other online forums. Incidents of "spamming" or similar inappropriate behavior should be reported to us.
ACCESS TO NEVO Network'S SERVICE
To use the Service, you must provide all your own equipment to establish a connection to the Internet and provide for your own access, including paying any fees.
OTHER WEBSITES TO WHICH NEVO Network'S SERVICE LINK OR REFER
The Web changes constantly, and no technique can ever index all pages accessible on the Web. As a result, NEVO Network cannot guarantee the completeness or accuracy of the websites or URLs to which NEVO Network's Service link or refer.
Further, the process of including websites in NEVO Network's Service is largely automatic. NEVO Network does not screen the websites included in the Service, and these other websites are maintained by persons over whom NEVO Network exercises no control. For these reasons, NEVO Network assumes no responsibility for the content of any website or URL included in the Service and is not responsible for errors or omissions or for offensive or objectionable content contained on any website or URL included in the Service.
NEVO Network occasionally receives requests to change or remove websites listed in the Service. We also have implemented a page where users can suggest website links for certain features of the NEVO Network Service. NEVO Network reserves the right to address such requests on a case-by-case basis, and our editors will review and seriously consider the new suggestions that people enter.
ILLEGAL, UNAUTHORIZED, OR FRAUDULENT CONTENT OR ACTIVITIES
The Service may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws and regulations.
NEVO Network has the right, but not the obligation, to monitor any Review, activity, and content associated with the Service. NEVO Network may investigate any reported violation of its policies and take any action it deems appropriate, including terminating your access to the Service without notice.
NEVO Network may report any activity it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests, to protect NEVO Network's systems and users, to ensure the integrity and operation of NEVO Network's business and systems, or in response to subpoenas, court orders, or legal requirements, NEVO Network may access and disclose any information it considers necessary or appropriate, including user contact details, IP addressing and traffic information, posted content, and Web usage paths. By using the Service you expressly consent to the foregoing use and disclosure.
PROPRIETARY RIGHTS
Notification and Procedure for Making Claims of Copyright Infringement
You may notify NEVO Network if your work has been copied in a way that you believe constitutes copyright infringement.
Other Licenses
Your Grant
By entering into this Agreement, using the Service, or posting any Review, you grant NEVO Network and its affiliates a perpetual, nonexclusive, world-wide, royalty-free, irrevocable and fully sublicensable right and license to store, copy, modify, translate, distribute, display and otherwise use your Reviews, and any or all information contained therein, for any purpose whatsoever, including, but not limited to, in marketing or advertising materials, and to exercise all copyright and rights of publicity over the material displayed in your Reviews, in any existing or future media, now known or later developed. You also waive any "moral rights" or rights of attribution or integrity in such content. You are not entitled to any compensation for such use. You also grant NEVO Network and its affiliates and sublicensees the right to use your nickname or any identifying information that you submit with your Reviews.
NEVO Network's Grant
Subject to your compliance with all the terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement, NEVO Network grants to you a limited license to make personal use of the Service. This license expressly excludes, without limitation, any resale, modification, or commercial use of the Service or any portion thereof or any Reviews and making any derivative works based upon or distributing or copying the Service or any Reviews, except as expressly permitted hereunder. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of NEVO Network and its affiliates without express written consent of NEVO Network. You may not use any meta tags or any other "hidden text" utilizing the name or trademarks of NEVO Network and its affiliates without the express written consent of NEVO Network and its affiliates. Any unauthorized use terminates the permission or license granted by NEVO Network in this paragraph.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless NEVO Network and its affiliates, and each of their officers, directors, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorney's fees, relating to or arising out of any breach of this Agreement or any use of the Service by you, or by any other person using the Service through you or using your computer.
DISCLAIMER OF WARRANTY
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, NEVO Network INTERNET AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER NEVO Network NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE SERVICE, INCLUDING ITS CONTENT, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (ii) THAT THE SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY REVIEW, RECOMMENDATION, OR OTHER MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SERVICE OR THE SITE; (v) THE AVAILABILITY FOR SALE, OR THE RELIABILITY OR QUALITY OF ANY PRODUCTS DISCUSSED, REVIEWED BY USERS OR REFERENCED USING THE SERVICE; (vi) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vii) THAT THE SERVICE IS NONINFRINGING. NEVO Network INTERNET AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE NEVO Network INTERNET AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICE OR THE SOFTWARE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF NEVO Network INTERNET OR ITS AFFILIATES.
IF YOU PURCHASE A PRODUCT OR SERVICE REVIEWED BY ANOTHER USER OF THE SERVICE OR OTHERWISE AS A RESULT OF USING THE SERVICE OR ANY REVIEW, AND A DISPUTE ARISES BETWEEN YOU AND THE SELLER, YOU RELEASE NEVO Network INTERNET AND ITS AFFILIATES, AND ANY OF ITS OR THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES, FROM ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
YOU ACKNOWLEDGE AND AGREE THAT ANY SOFTWARE OR OTHER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH SOFTWARE AND/OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
IN NO EVENT SHALL NEVO Network INTERNET, OR ANY OF THEIR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (i) USE OF THE SERVICE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED OVER THE SERVICE, (ii) ANY USE OR INABILITY TO USE THE SERVICE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SERVICE, OR (iii) ANY GOODS OR SERVICE DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.
ARBITRATION
However, to the extent you have in any manner violated or threatened to violate NEVO Network's intellectual property rights, NEVO Network may seek injunctive or other appropriate relief in any state or federal court in the State of Washington, and you consent to exclusive jurisdiction and venue in such courts.
GENERAL PROVISIONS
Entire Agreement
This Agreement, which includes the NEVO Network Privacy Policy, constitutes the entire agreement of the parties with respect to the subject matter hereto and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter, hereof, oral or written.
Severability
If any provisions of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
No Waiver
NEVO Network's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of NEVO Network's right to subsequently enforce such provisions or any other provisions of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing.
Any rights not expressly granted herein are reserved.
Glossary of Terms
Related Links are lists of websites that are related to the website you are viewing. Whenever you visit a Web page, the NEVO Network Toolbar Service retrieves information from the NEVO Network servers to suggest other related Web pages that might be of interest to you. NEVO Network's Related Links enable you to "surf" from one related site to another, discovering interesting and unique sites as you go, without having to return to a search engine.
A usage path is the trail of requests automatically transmitted to and logged by NEVO Network as a user surfs the Internet with the NEVO Network toolbar enabled. Usage paths consist of the following data for each Web page visited by an NEVO Network user: (a) the IP address assigned to the user; (b) the date and time the Web page is visited by the user; (c) the user's browser type and version; (d) the user's operating system and version; (e) the user's NEVO Network cookie; and (f) the full URL that the site assigns to the Web page.
Contact us with questions or problems, as appropriate.
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NEVO Network is not responsible for, and does not represent or endorse the accuracy or reliability of, any opinion, advice, statement, recommendation or other information included in any Review posted on the Service. Any reliance by you on any such opinion, advice, statement, recommendation or other information in a Review shall be at your sole risk.