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Welcome to our site. Prenova®, Inc. maintains this Web site as a service to our customers. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain services from this site.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. All of the content available via Prenova, Inc., whether text, photographs, graphics, video, or audio material, is provided "as is." That is, we -- meaning Prenova, Inc. and any other source for content available via Prenova, Inc. -- cannot vouch for the quality or the technical reliability of the content that you select to download or view, and we will not be liable for any damages of any kind that arise from your use of that content or caused by that content. For example, we are not responsible for any damages resulting from mistakes, omissions, interruptions, delays, untimeliness, inaccuracies, incompleteness, or errors in the content that we provide. Similarly, we are not responsible for any damages resulting from technical problems that may arise from the viewing, downloading, delivery, or transmission of the content, including any deletion of files, email, or other data, any viruses, or any defects or delays in operation or transmission. This is especially important with respect to any financial content. You should consult with your advisors, including your legal, financial and tax representatives, before making any investment or commodity purchasing decisions, and you use any financial content available via Prenova, Inc. at your own risk. Neither Prenova, Inc. nor any other source of such content bears responsibility for any failure of any kind by such content.
Of course, we hope that no problems occur. We just wanted to let you know that you will be solely responsible for your use of, or the consequences of any download of, any content available via Prenova, Inc..
3. All of the content available via Prenova, Inc., whether for viewing, printing, or downloading, is protected by international trademark, copyright, and patent laws and is owned (or licensed) by the source of that content. For example, Service Resources, Intelligent Hub and ARBUS are trademarks of Prenova, Inc., and the organization, graphics, design, compilation, magnetic translation, and digital conversion of the Site are protected by all applicable trademark, copyright, and patent laws. You may not, either directly or indirectly, copy, republish, reproduce, rewrite, redistribute, broadcast, post, publicly perform, transmit, or modify any content available via Prenova, Inc. without the prior written consent of the source of that content, nor may you use such content in or in connection with any business or commercial enterprise. You may not adapt, translate, modify, decompile, disassemble, or reverse engineer Prenova, Inc. or any software or programs used in connection with Prenova, Inc.
4. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
5. INDEMNITY AND RELEASE. By using Prenova, Inc., you agree to indemnify Prenova, Inc. and its parents, subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of Prenova, Inc. or from any person's use of any account or password you maintain with Prenova, Inc., regardless of whether such use is authorized by you. By using Prenova, Inc., you agree to release Prenova, Inc. and its parents, subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to Prenova, Inc.. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.
6. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
7. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
7.0. YOUR USE OF Prenova, Inc. WEBSITE (Prenova, Inc. SERVICES) IS AT YOUR SOLE RISK. Prenova, Inc. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Prenova, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7.1. THE INFORMATION, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH Prenova, Inc. MAY INCLUDE INACCURACIES OR OTHER ERRORS. Prenova, Inc. MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON OR ACCESSED VIA Prenova, Inc. FOR ANY PURPOSE. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
7.2. Prenova, Inc. MAKES NO WARRANTY THAT (i) Prenova, Inc. SERVICES WILL MEET YOUR REQUIREMENTS, (ii) Prenova, Inc. SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF Prenova, Inc. SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH Prenova, Inc. WILL MEET YOUR EXPECTATIONS, or (v) THE INFORMATION THAT YOU PROVIDE TO Prenova, Inc. WILL REMAIN SECURE.
7.3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Prenova, Inc. IS OBTAINED, ACCEPTED, AND USED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
7.4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM Prenova, Inc. SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
8. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Prenova, Inc. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Prenova, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE Prenova, Inc.; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM Prenova, Inc.; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO Prenova, Inc.. IF YOU ARE DISSATISFIED WITH ANY PORTION OF Prenova, Inc.'S SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING Prenova, Inc. SERVICES.
9. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATION OF LIABILITY OR DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
10. Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
11. Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
12. Links to our site. Prenova, Inc. Welcomes other sites linking to our site. We prefer that developers link to our home page (http://www.Prenova.com) rather than linking to internal pages. Our pages are constantly changing, with content being added and removed on a daily basis. By linking to our homepage you ensure that your site avoids containing broken links in the future. You may not use the Prenova, Inc. logo or any other graphics or text which expressedly or impliedly constitute an endorsement or support by Prenova, Inc. without written agreement. When linking to internal pages you should inform us as to which pages you want to link to, the specific content on the page you are interested in, when you plan to start linking and the duration for which the link will be available. Also include the URL of the page that contains the link. Should you have any questions, please contact Prenova, Inc. at pengle@prenova.com
13. Copyrights and Copyright Agents. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site is our General Counsel who can be reached as follows:
By mail:
Philip W. Engle
Copyright Agent
c/o Prenova, Inc.
400 Northridge Rd.
Suite 1000
Atlanta, Georgia 30350
By phone: 678-226-0681
By e-mail: pengle@prenova.com
14. Information and Press Releases. The Site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
15. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Cobb County, Georgia, USA, and shall be governed by and construed in accordance with the laws of the State of Georgia (without regard to conflict of law principles) specifically excluding application of the United Nations Convention on the International Sale of Goods (ICSID). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8 and Section 10. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Cobb or Fulton Counties, Georgia, USA. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
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