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Welcome to the Anova Financial Corp. (the "ANOVA") Website. Access to the public
section of the ANOVA Website ("Public Site") is governed by these Terms and Conditions
of Use. By accessing the Public Site you agree to be bound by these Terms and Conditions
of Use. Your use of the ANOVA Website is governed by the version of the Terms and
Conditions of Use in effect on the date the ANOVA Website is accessed by you. Access
to the members-only section of the ANOVA Website ("Members-Only Site") is limited
to authorized employees of all entities that have entered into Written Agreements
with ANOVA and is governed by the applicable Written Agreement and the Terms and
Conditions of Use for the Members-Only Site. You may not obtain or attempt to obtain
unauthorized access to the Members-Only Site or any other protected materials or
information through any means not intentionally made available by the Network for
your specific use.
- Authorization to Use. You may access and use the Public Site, at your sole
risk and responsibility and in compliance with applicable law, only to gain information
about the possibility of using services described on the Public Site ("Authorized
Purposes"). For Authorized Purposes, you may (a) display the Public Site on a web
browser, (b) print pages of the Public Site from a web browser, and (c) forward
links to or pages from the Public Site, electronically or in hard copy, to persons
within your organization or other persons with whom you have a personal or business
relationship if you believe such persons may be interested in the information, so
long as you make such persons aware that you are the person who has forwarded the
information and so long as you do not remove, conceal, or alter any copyright notice,
byline information, disclaimer, restriction, or other notice. ANOVA may terminate
your access to the ANOVA Website for any reason, without prior notice.
- Limits on Use. The ANOVA Website is protected by copyright and other laws
and, except as expressly authorized by Section 1, you may not copy, display, print,
or distribute all or any part of the Public Site or any other section of the ANOVA
Website, and in no event may you broadcast, decompile, disassemble, perform, publish,
rent, reproduce, reverse engineer, sell, transmit, or create derivative works from
all or any part of the Website or permit any person to perform any act relating
to the ANOVA Website not authorized by Section 1. As between ANOVA and you or your
employer, ANOVA solely owns and shall continue solely to own all right, title, and
interest, including all intellectual property rights, in and to the ANOVA Website.
You may not use the ANOVA Website in any manner (i) that could damage or overburden
our server(s) or any network connected to any of our servers or (ii) that would
or does interfere with another party's use of the ANOVA Website.
- Privacy. Your use of the ANOVA Website may be monitored by or on behalf of
ANOVA to protect security, confidentiality, intellectual property, or other rights
or business interests of ANOVA. Without limiting the foregoing, ANOVA reserves the
right to collect and use for any lawful purpose any data you enter, aggregate data
derived from such data, and usage patterns such as click streams. ANOVA intends
to use commercially reasonable efforts to follow the Privacy Policy posted or to
be posted on the Public Site, as such Privacy Policy may be changed from time to
time at the sole discretion of ANOVA. Notwithstanding the foregoing, ANOVA will
not bear any responsibility or liability for any information submitted to ANOVA
or for the use or misuse of any information submitted by you or any other person.
- Availability and Content. ANOVA makes no representation, warranty, or covenant
that the Public Site will be available at all times or at any time. Various circumstances
may prevent or delay availability. ANOVA at any time may discontinue the Public
Site in whole or in part, or suspend your access, for any reason or no reason. There
may be errors or omissions in the Public Site, and ANOVA reserves the right, but
will not be required, to correct any errors or omissions. ANOVA will not be responsible
for any loss, cost, damage, or liability that may result from any loss or delay
of availability, any suspension of access, or any errors or omissions. In addition,
ANOVA will not be responsible for the accuracy, completeness, or timeliness of the
Public Site (including any content on it) or for the results obtained from its use.
- No Professional Advice. ANOVA does not supply tax, accounting, investment,
or legal advice or other professional advice. Without limiting the foregoing, ANOVA
does not offer any professional advice regarding the nature, potential value, or
suitability of any particular security, transaction, investment strategy, or other
course of action.
- No Warranties. THE PUBLIC SITE IS PROVIDED "AS IS." ANOVA MAKES NO REPRESENTATION
OR EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER RELATING IN ANY WAY TO THE
PUBLIC SITE OR ANY LINKED SITES. ANOVA DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED
BY LAW ANY AND ALL SUCH EXPRESS OR IMPLIED WARRANTIES. WITHOUT LIMITING THE FOREGOING,
ANOVA DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL (A) WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY
THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OR OF QUIET ENJOYMENT, (C)
WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS, AND (D) WARRANTIES
OTHERWISE RELATING TO ACCURACY, PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY THE NETWORK.
- No Liability or Damages. ANOVA SHALL HAVE NO LIABILITY TO YOU OF ANY KIND
RELATING TO, RESULTING FROM, OR IN CONNECTION WITH THE PUBLIC SITE (INCLUDING BUT
NOT LIMITED TO ANY CONTENT ON IT OR THE RESULTS OBTAINED FROM ITS USE), THESE TERMS
AND CONDITIONS OF USE, OR ANOVA'S BUSINESS, OR ANY LINKED SITE, FOR ANY CAUSE WHATSOEVER,
WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE. NO REMEDY SHALL BE AVAILABLE AGAINST
ANOVA RELATING TO, RESULTING FROM, OR IN CONNECTION WITH ANY OF THE FOREGOING. IN
NO EVENT SHALL ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES AGAINST ANOVA BE
ALLOWED, EVEN IF ANOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
THE EXCLUSIONS OF DAMAGES IN THESE TERMS AND CONDITIONS OF USE ARE INDEPENDENT OF,
AND SURVIVE THE FAILURE FOR ANY REASON OF, ANY OTHER REMEDY.
- Changes. These Terms and Conditions of Use may be changed by ANOVA in its
sole discretion by posting a notice on the Public Site. You should check the Public
Site for notice of such changes.
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