Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.
Terms and Conditions:
These Terms and Conditions apply to NOVAtime Technology, Inc. and the websites under the domain names of www.novatime.com, www.novatime.net, and www.timeanywhere.com (the “Site(s)”). Unauthorized use of NOVAtime’s Sites and systems, including but not limited to, unauthorized entry into NOVAtime’s systems, misuse of passwords, or misuse of any information posted to a Site, is strictly prohibited.
You acknowledge that NOVAtime may disclose and transfer any information that you provide through the Sites to (i) any NOVAtime affiliate, agents or information providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through the Site(s) you agree to such transfers. Use of the Site(s) may be monitored, tracked and recorded. Anyone using the Site(s) expressly consents to such monitoring, tracking and recording.
The Site contains links to other web sites. NOVAtime is not responsible for the privacy practices or the content of these other web sites. NOVAtime is making third party links available for reference purposes only and assumes no responsibility for any information contained therein or for any services provided by the individuals, firms, or organizations referenced. Additionally, these linked websites, their organizations, and their services are not reviewed, controlled, examined, sponsored, or endorsed by NOVAtime. Furthermore, NOVAtime does not warrant or guarantee that the third party websites will be free of infection by viruses, worms, or any other destructive agents. In no event shall NOVAtime be liable, directly or indirectly, for any damage or loss arising from or occasioned by the use of these websites or the information they contain. NOVAtime is providing these linked sites to you only as a convenience, and it is the responsibility of the user to keep such information private and confidential. NOVAtime cautions you to make sure that you completely understand the potential risks before accessing linked sites through the NOVAtime website (including the potential infection of your system by computer viruses).
The name NOVAtime Technology, Inc. and NOVAtimeAnywhere are registered trademarks of NOVAtime. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners.
Web Content and Materials:
The information on the Site(s) is for information purposes only. It is believed to be reliable, but NOVAtime does not warrant its completeness, timeliness or accuracy. The information and materials contained in the Site(s), and the terms and conditions of the access to and use of such information and materials, are subject to change without notice. Products and services described, as well as, associated fees, charges, may differ among geographic locations and resellers. Not all products and services are offered at all resellers.
You agree that (i) you will not engage in any activities related to the Site(s) that are contrary to applicable law, regulation or the terms of any agreements you may have with NOVAtime and (ii) in circumstances where locations of the Site(s) require identification for process, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals.
NOVATIME OR ITS SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND NOVATIME DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. NOVATIME RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO THE USER. FURTHERMORE, BY OFFERING THE SITE(S) AND INFORMATION, PRODUCTS OR SERVICES VIA THE SITE(S), NO DISTRIBUTION OR SOLICITATION IS MADE BY NOVATIME TO ANY PERSON TO USE THE SITE(S) OR SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE SITE(S) AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.
The Site contains links to other web sites. NOVAtime is not responsible for the privacy practices or the content of these other web sites. Links to non-NOVAtime websites are provided solely as pointers to information on topics that may be useful to the Site(s), and NOVAtime has no control over the content on such non-NOVAtime websites. If you choose to link to a website not controlled by NOVAtime, NOVAtime makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does NOVAtime warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. NOVAtime does not guarantee the authenticity of documents on the Internet. Links to non-NOVAtime sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites.
LIMITATION OF LIABILITY:
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE SITE(S) (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE SITE(S)) IS PROVIDED “AS IS” AND “AS AVAILABLE”. NOVATIME AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE SITE(S). DSW AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATATIONS OF ANY KIND WITH REGARD TO THE SITE(S), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, NOVATIME WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THE SITE(S), OR FOR THE INCOMPATIBILITY BETWEEN THE SITE(S) AND FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL NOVATIME BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND NOVATIME’S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
Enforceability and Governing Law:
In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the enforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with NOVAtime . The user’s access to and use of the Sites(s), and the terms of this disclaimer are governed by the laws of the State of California.erence of interpretation or controversy or claim arising out of or relating to these Terms and Conditions, or the breach thereof, that you and NOVAtime shall promptly make good faith efforts to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services with a mutually agreed mediator to settle the dispute. Should you file any arbitration claims, administrative or legal actions for disputes to which this clause applies, without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney’s fees, even if you would otherwise be entitled to them.
Data Processing Agreement
To the extent that we process any Personal Data (as defined in the DPA) contained in User Data that is subject to the GDPR (as defined in the DPA), on your behalf, in the provision of the Service, the terms of the data processing agreement at NOVAtime’s web site (“DPA”), which are hereby incorporated by reference, shall apply and the parties agree to comply with such terms. For the purposes of the Standard Contractual Clauses attached to the DPA, when you are the data exporter, your agreeing to these Terms and Conditions shall be treated as signing of the DPA, including, without limitation, the Standard Contractual Clauses and their Appendices.