ACCEPTANCE OF TERMS
The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of Cendyn Ovations. You are not permitted to use the Marks without the prior written consent of Cendyn Ovations. The following Marks are the intellectual property of Cendyn Ovations:
USE OF THE SERVICES AND MATERIALS
Except as stated to the contrary elsewhere on this Site, permission to download, use, and print Materials (such as white papers, press releases, datasheets and FAQs) is granted subject to the following conditions: (i) the Materials may be used solely for non commercial or internal business purposes; (ii) the Materials may not be modified or altered in any way; (iii) you may not create derivative works from the Materials available through the Site; (iv) the Materials may not be distributed or sold, rented, leased, transferred, or licensed to others; (v) you may not remove any copyright or other proprietary notices contained in the Materials; (vi) Cendyn Ovations reserves the right to revoke this authorization to view, download, and print the Materials available on this Site at any time, and any such use shall be discontinued immediately upon notice from Cendyn Ovations.
Elements of the Site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Cendyn Ovations website may be copied or retransmitted unless expressly permitted by Cendyn Ovations.
USER CONDUCT WHILE USING THE WEBSITE
In using the Site, including all Services and Materials available through it, you agree: (i) not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; (ii) not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; (iii) not to create a false identity; (iv) not to use or attempt to use another’s account, password, service, or system without authorization from Cendyn Ovations; and (v) not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
Cendyn Ovations may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post content (“User Content”). Cendyn Ovations reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate access to all or part of this Site. Notwithstanding the forgoing, Cendyn Ovations does not control or endorse User Content, messages or information found in any Services. Therefore, to the maximum extent permitted by law, Cendyn Ovations will have no liability related to User Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Cendyn Ovations further disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.
ACCOUNT NUMBERS AND PASSWORDS
You are responsible for maintaining the confidentiality of your account number, account name, and/or password, if applicable. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.
WARRANTIES AND DISCLAIMERS
THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CENDYN OVATIONS MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY SERVICES, OR MATERIALS ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) CENDYN OVATIONS DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) CENDYN OVATIONS MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) CENDYN OVATIONS SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. CENDYN OVATIONS ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL CENDYN OVATIONS, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT CENDYN OVATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
Cendyn Ovations is committed to safeguarding your privacy while visiting the Site. Our goal is to provide you with an internet experience that delivers the information, resources and services that are most relevant to your business requirements. To achieve this goal, part of the operation of the Site includes the gathering of certain types of information about Site users. Because we understand that your privacy is important, we wish to explain the types of information we gather and the way in which we use it.
What information is collected about you? How do we use it?
We take the utmost care to ensure that the personal information we obtain from you is not used in a way that you may be unaware of or not agreeable to. You may wish to submit an information request about one of our Products or Services, participate in one of our promotions or subscribe to our e-mail or postal mail lists. In response, we may ask for information such as your name and postal address. In the event you opt to provide us with this information, we will only use it for the purpose specified by you at the bottom of the information gathering form. All forms will provide an opt-out button to allow you to choose not to participate in Cendyn Ovations lists and future online marketing. In deciding whether or not to join such lists, please note that they are only used for Cendyn Ovations purposes or in joint promotions with a Cendyn Ovations partner. We do not sell, rent or share any of your personal information with any other party including any third-party joint promoters, nor use it for unapproved commercial purposes. You may request to be removed from our lists at any time. All emails distributed to our lists will contain easy, online access to unsubscribe.
Use of Aggregated Data
Cendyn Ovations is interested in improving the Site and may develop and offer new features and services. We monitor Aggregated Data regarding use of the Site for marketing purposes and to study, improve and promote use of the Site. In connection with such purposes, Cendyn Ovations may share Aggregated Data with third parties collectively and in an anonymous way. Disclosure of Aggregated Data does not reveal personal information about individual Site users in any way that identifies who they are or how to contact them.
Cendyn Ovations has two exceptions to these limits on use of personal information:
(1) Cendyn Ovations may monitor and, when we believe in good faith that disclosure is required, disclose information to protect the security, property, assets and/or rights of Cendyn Ovations from unauthorized use, or misuse, of the Site or anything found at the Site;
(2) Cendyn Ovations may disclose information when required by law; however, only to the extent necessary and in a manner that seeks to maintain the privacy of the individual.
To enable features at the Site, Cendyn Ovations may assign one or more “cookies” to your Internet browser. Cookies, among other things, speed navigation through our Site, keep track of information so that you do not have to re-enter it each time you visit our Site, and may provide you with customized content. A cookie is an internet mechanism composed of a small text file containing a unique identification number that permits a web server to send small pieces of information or text by means of your browser and place them on your computer’s hard drive for storage. This text lets the web server know if you have previously visited the web page. Cookies by themselves cannot be used to find out the identity of any user.
Links Provided To Other Sites
Cendyn Ovations may provide links to a number of other web sites that we believe might offer you useful examples of our work and services. However, those sites may not follow the same privacy policies as Cendyn Ovations. Therefore, we are not responsible for the privacy policies or the actions of any third parties, including without limitation, any web site owners whose sites may be reached through this Site, nor can we control the activities of those web sites. We urge you to contact the relevant parties controlling these sites or accessing their on-line policies for the relevant information about their data collection practices before submitting any personal information or other sensitive data.
POLICY MODIFICATIONS AND CONTACT INFORMATION
Cendyn Ovations Administrator
980 North Federal Highway, Suite 200
Boca Raton, FL 33432