Welcome to Novata! Novata is an on-line platform (our “Platform”) seeking to promote and advance sustainable and inclusive capitalism through collection and dissemination of information regarding corporate performance along Environmental, Social and Governance (“ESG”) dimensions and provision of related services (“Services”), available through our website at www.novata.com and its subdomains (together with any mobile application that we may from time to time make available, “Website”). While general public information regarding our Platform is available through our Website, the functionality of the Platform and our Services are available only to subscribers who agree to separate terms and conditions established on our Website from time to time.
1.2 Restrictions. You shall not, directly or indirectly, and You shall not permit any third party to, (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the object code, source code or underlying ideas or algorithms of our Website; (ii) modify, translate, or create derivative works based on any element of our Website or any related documentation; (iii) rent, lease, distribute, sell, resell, assign, or otherwise transfer its rights to use our Website; (iv) use our Website for any purpose other than its intended purpose; (v) interfere with or disrupt the integrity or performance of our Website; or (vi) attempt to gain unauthorized access to our Website.
1.3 Your Standards of Conduct. By accessing our Website or any chat room, online discussion forum, or other service provided through our Website, You agree to abide by the following standards of conduct. You agree that You will not, and will not authorize or facilitate any attempt by another person to use our Website or any related chat room or online discussion forum to:
2.1 Warranty Disclaimers. OUR WEBSITE AND OTHER SERVICES ARE PROVIDED TO YOU ON AN AS-IS BASIS. YOUR USE OF OUR WEBSITE AND OTHER SERVICES IS AT ITS OWN RISK. NOVATA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NOVATA DISCLAIMS ALL LIABILITY FOR THE LOSS OF DATA ENTERED INTO OR SAVED IN OUR WEBSITE.
2.2 Third Party Product Descriptions and Links.
3.1 Ownership. You acknowledge that our Website and other content available through our Website, and all intellectual property rights therein, are the sole and exclusive property of Novata and its licensors. The service marks and trademarks of Novata, including without limitation “Novata” and the Novata logo, are service marks owned by Novata, Inc. Any other trademarks, service marks, logos and/or trade names appearing via our Website are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
3.2 License to Your Content. You grant to Novata a royalty-free, nonexclusive, irrevocable, limited right and license to use any content you submit to the Website (“Your Content”) (a) in order to provide our Website and Services; (b) to analyze and improve our Website and any other portion of our Services; and/or (c) to compile and use aggregate or de-identified data, statistics, measurements or other metrics derived from Your Content (including in combination with the aggregate or de-identified customer data of other Novata customers) for its own purposes. Aggregate or de-identified data means data that does not identify You or any other individual.
3.4 License to Your Content. You hereby grant to Novata, at no charge, a non-exclusive, royalty-free, worldwide, transferable, sublicensable (through one or more tiers), perpetual, irrevocable license in and to suggestions, comments and other forms of feedback (“Feedback”) regarding our Website or other Services, including Feedback regarding features, usability and use, and bug reports, to reproduce, perform, display, create derivative works of the Feedback and distribute such Feedback and/or derivative works in our Services or any other products or services. Feedback is provided by You “as is” without warranty of any kind by You.
3.5 License to Your Content. If You believe that any content on our Website infringes your copyright, You may request that such content be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information:
Novata’s agent for copyright issues relating to our Website and Services is email@example.com, or Novata, Inc., firstname.lastname@example.org. In an effort to protect the rights of copyright owners, Novata maintains a policy for the termination, in appropriate circumstances, of users of our Website or Services who are repeat infringers.
By using our Website, You agree to indemnify, hold harmless and defend Novata and its officers, directors, employees and suppliers from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of our Website and/or Your Content.
5.1 Ownership. NOVATA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES FOR LOST DATA, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING OUT OF THE LICENSING, PROVISION OR USE OF THE WEBSITE OR ANY CONTENT THEREON. NOVATA WILL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
5.2 License to Your Content. NOVATA SHALL NOT BE LIABLE FOR CUMULATIVE, AGGREGATE DAMAGES GREATER THAN ONE U.S. DOLLAR ($1).
7.7 Relationship of the Parties. Novata is an independent contractor to You. There is no relationship of agency, partnership, joint venture, employment, or franchise between the parties. Neither party has the authority to bind the other or to incur any obligation on its behalf.
7.8 Contact Us. Please contact us at email@example.com if You have any questions about our Website, Platform or Services.
Copyright © 2021 Novata, Inc.