LEGAL DISCLAIMER
INOVA GEOPHYSICAL - INTERNET SITE TERMS AND CONDITIONS
A. PRIVACY POLICY
IMPORTANT! PLEASE READ CAREFULLY
INOVA GEOPHYSICAL and its affiliated companies (collectively, INOVA or Company) provide this Web site and other related or linked INOVA sites (Site) and certain services, interfaces and functionality on or via this Site (the Services) to you subject to your agreement to comply with the following terms of use (the General Terms). Your use of this Site or the Services will constitute your acceptance of the General Terms. Once accepted, the General Terms will constitute a binding agreement between INOVA and you governing your use of the Site or Services (the Agreement). If you are not willing to abide by the General Terms, do not use this Site or the Services.
INOVA appreciates your interest in this site. Your privacy is important and we want you to understand our practices with respect to gathering information from visitors to the Site and with respect to the uses we make of that information. Please check each portion or page of the Site that you visit. Certain portions or pages of the Site may contain changes to the Privacy Policy applicable to your use of that portion or page, for example, certain applications may request additional information from you.
1. Information and Uses
Privacy concerns focus on Personal Information that could identify a specific individual such as names, addresses, e-mail addresses, and telephone numbers. If during your visit you submit information to us, you may provide us with Personal Information. We may collect and use that Personal Information to provide you with products or services you request, to market products and services which we think may be of interest to you, or to communicate with you for other purposes.
As explained below in the section on Dissemination of Information to Third Parties, we do not distribute or sell Personal Information to third parties for the purpose of allowing them to market their products and services to you; moreover, as explained in the Opt Out/Modify Information section, we will make a reasonable effort to remove your Personal Information from our database in such a way that you will not receive future communications from us. If you notify us that Personal Information previously submitted to our site is no longer accurate, we will make a reasonable effort to make appropriate corrections. To facilitate our efforts, it would be helpful if you could let us know the context in which you provided Personal Information, e.g in connection with promotion of a specific product or service.
2. Information From Children
The Site contains information that may be of special interest to children, but INOVA does not seek through the Site to gather Personal Information from or about persons under the age of 17.
3. Hyperlinks
This site has links to sites that INOVA does not own control or maintain. We cannot be responsible for their privacy policies and practices and we make no representations or warranties about the privacy practices of those sites. Similarly, we cannot be responsible for the policies and practices of any site from which you linked to our Web site. We recommend that you check the privacy policy of other sites and contact the operator if you have concerns or questions.
4. Dissemination of Information to Third Parties
Communicating via the Internet and sending information, products, and services to you by other means necessarily involves your Personal Information passing through or being handled by third-parties, but INOVA does not sell or distribute your Personal Information to third parties for purposes of allowing them to market their products and services to you.
We may employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, deliveries, sending postal mail and e-mail, analyzing data, providing marketing assistance and providing customer service. They have access to Personal Information needed to perform their functions, but may not use it for other purposes.
Personal data collected by INOVA may be transferred among its various divisions and affiliated companies, around the world which may involve transfer from countries within the European Economic Area to countries outside the E.E.A. By submitting data on the Site, the visitor is providing explicit consent to these transfers, including transborder transmission of data covered by this Privacy Policy.
5. Sensitive Information
INOVA does not seek any sensitive information from visitors to our Site, unless legally required to do so, for example, in connection with recruiting or hiring. Sensitive information includes a number of types of data relating t race or ethnic origin, political opinions, religious or other similar beliefs, trade union membership, physical or mental health, sexual life or criminal record. We suggest that you do not provide sensitive information of this nature. However, if you do provide such information, INOVA accepts your explicit consent to use that data in the ways described in this Privacy Policy or in the ways described at the point where such information is disclosed.
6. Opt Out/Modify Information
You can request the removal or modification of your Personal Information by sending an e-mail to the appropriate area under "Contact Us". We will then make a reasonable effort to accommodate your request. As previously noted, it would be helpful to let us know the context in which you provided Personal Information.
7. Conditions of Use, Notices and Revisions
If you choose to visit our Site, your visit and any dispute over privacy is subject to this Privacy Policy and our General Terms of Use, including any limitations on damages, arbitration of disputes and application of law provisions. We reserve the right to change this statement at any time without notice except as otherwise provided herein.
8. Contacting INOVA Customer Relations
If you have any questions about the content of this Privacy Policy, this site, or your dealings with this site, please contact INOVA’s Global Privacy Office at the following address:
INOVA Geophysical
Attn: Marketing Dept.
13000 Executive Drive, Suite 100
Sugar Land , TX 77478
9. E-mail
When we make material changes to this Privacy Policy, we will post the changes on this page and update the revision date at the top of the Privacy Policy. We encourage you to visit our Privacy Policy regularly for updates.
B. TERMS OF USE
1. Changes and Special Additional Terms and Conditions
INOVA may revise the General Terms at any time without notice. You should revisit this Site periodically to make sure you are aware of the most recent General Terms because they will be binding on you. Your use of the Site or Services after such changes constitutes your agreement to such changes.
You are advised to check each page you visit on the Site. Some locations may have special additional terms and conditions that apply to use of or interaction with that location. These terms and conditions may also be changed at any time without notice. Your use of that location constitutes your acceptance of those special additional terms and conditions.
2. Use of the Site
A. Site Security. You are prohibited from violating, or attempting to violate, the security of the Site or Services. Any such violations may result in criminal and civil liabilities to you. We will investigate any alleged violations, and, if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Site and Services include, without limitation, the following:
B. "Spam" and Similar Actions. You are prohibited from transmitting the same or similar unsolicited e-mail messages, bulk commercial advertising, or chain letters to one or more e-mail groups (which are two or more e-mail addresses aggregated as a single e-mail addressee).
C. Infringement. You are prohibited from using the Site or Services to infringe on any person's copyright, trademark, patent or other intellectual property rights. We may terminate your right to access the Site and Services if we believe you are using the Site and Services in a manner that infringes the copyright, trademark, patent or other intellectual property rights of another. You may be ordered by a court to pay money damages to us and to the rightful owner of any intellectual property rights you violate.
D. Other Prohibited Actions. In using the Site or Services, you must not: Post, e-mail, or otherwise transmit or use the Site or Services in furtherance of any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of another person's privacy or other rights, or any material that INOVA in its sole discretion does not wish posted or transmitted on the Site and Services;
E. Your Content. You must exercise caution, good sense and proper judgment in using the Site and Services. You are responsible for any material you place on or transmit to or through the Site or Services. You agree, represent and warrant that any information you post to or transmit through the Site or Services is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.
F. Consequences of Unacceptable Use. We reserve the right (but not the obligation) in our sole discretion to refuse or delete any of your content as well as suspend or terminate without notice your access to the Site and Services upon a violation or attempted violation of this Agreement. Indirect or attempted violations of this Agreement, and actual or attempted violations by a third party acting on your behalf, shall be deemed violations by you of this Agreement. Furthermore, it is a violation of this Agreement to use the services of another company for the purpose of facilitating any of the activities which violate this Agreement if such use of another company's service could reasonably be expected to adversely affect the Site and Services any manner.
G. Linking and Downloading. You may not link to this site without prior written permission from INOVA. You may download and print one copy of content on this Site for your personal non-commercial use, or in connection with your purchase or use of any INOVA products, provided that you leave any copyright or trademark information intact and unchanged. Other than as specifically set out in this paragraph you may not copy (whether by printing off onto paper, storing on disk, placing on another site, downloading in any other way), distribute (including distributing copies), broadcast, alter or tamper with in any way any portion of this Site.
3. Trademark and Copyright
Certain brands, trademarks and services marks are marks of INOVA and its affiliates. Not all marks of INOVA will appear on this Site and not all products or services listed on this Site are available for sale in every country. Some products or services may be marketed under local trademarks in specific countries. Marks of third parties may appear on this Site when referring to those entities or their products or services.
The user may forward, distribute, and/or photocopy copyrighted materials of INOVA located on this Site only if the entire relevant page or document is unaltered and complete, including all of their headers, footers, disclaimers, and other information. You may not copy these documents to a Web site.
4. No Warranty
THIS SITE AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INOVA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INOVA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OR SERVICES CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INOVA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENTS OF THIS SITE OR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. Some jurisdictions do not allow exclusion of implied warranties, so the above limitations and exclusions may not apply to you.
5. Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. NEITHER INOVA, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED ON THE POSSIBILITY OF ANY SUCH DAMAGES.
INOVA shall not be liable for any damages that result from the use of, or the inability to use the Site, the Services or the contents on this Site or the performance of the Site, Services or products described on this Site, even if INOVA has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If you are dissatisfied with any portion of the Site or the Services or with any of these terms, your sole and exclusive remedy is to discontinue using the Site and the Services.
6. Non-Confidentiality of User Materials
You are not to transmit any material to or through this Site that you consider to be confidential or proprietary. Any material which you transmit to or through this Site will be considered non-confidential and non-proprietary. Except as expressly provided in INOVA’s Privacy Policy or separate written agreement between you and INOVA, you give INOVA an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information. You further agree that INOVA has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas which you (and those who act on your behalf) transmit to or through the Site.
7. Use of Third Party Web sites
As a convenience, INOVA may provide links to Web sites operated by third parties that INOVA does not own, control, or maintain. If you decide to access a third party's Web site through a link provided by this Site, you do this at your sole risk. INOVA is not responsible for any terms of use, privacy policies, viruses or other damaging elements encountered in linking to a third party Web site. INOVA makes no warranty or representation regarding policies or services of third party Web sites and is not responsible for the linked Web sites or the content of such Web sites.
8. Global Availability/Export Controls
Portions of this Site and Services may be controlled and operated by INOVA from various offices in the United States. INOVA makes no representation that the Site, Services or materials accessed or described on the Site are appropriate or available for use in other locations, and access to them from other countries where there contents are illegal or penalized is prohibited. Access to or use of the Site, Services or materials accessed on or described on the Site by persons or from countries who are sanctioned by the United States is specifically prohibited.
Those who access the Sites or Services so do on their own and are responsible for compliance with all applicable US and local laws. You may not export or re-export any Services, information or materials accessed on or described on this Site except in full compliance with all United States laws and regulations. In particular, you may not export or re-export into (or to a national or resident of) any country to which the United States embargoes or sanctions goods, services or technology, to any person or entity on the U.S. Treasury Department's List of Specially Designated Nationals, the U.S. Bureau of Export Administration Entity List, the U.S. Bureau of Export Administration Denied Persons List or the U.S. Commerce Department's Table of Denial Orders. In addition, you are responsible for complying with any local laws in your country which may impact your right to import, export or use the Site, Services, information, or materials accessed or described on the Site.
9. No License Agreement
Mere use of the Site or use of the Services related to the Site does not grant any license, express or implied, under any patent rights or trade secret rights now or hereafter, owned, controlled or possessed by INOVA. Any software or update which you download is governed in accordance with (i) the license terms accompanying the file or (ii) if no license terms accompany the file, the terms of the license agreement which accompanied the original product licensed by you which you are updating.
10. Indemnity of Company
You agree to indemnify, hold harmless, and defend INOVA GEOPHYSICAL (including subsidiaries and affiliates of INOVA Geophysical, hereinafter "INOVA") as well as INOVA officers, directors and employees, from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys' fees, to the extent that such action is based upon, arises out of, or relates to your violation, or violation by any other person using your password or account of the terms and conditions of this Agreement.
11. Applicable Law and Dispute Resolution
This Agreement shall be governed by the internal substantive laws of the State of Texas, USA (without giving effect to its principles of conflict of laws). Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the courts of Harris County, Texas, USA.
12. How to Contact Us
If you have any questions or concerns about the online statement for this Site or its implementation you may contact us at:
INOVA Geophysical
Attn: Marketing Dept.
13000 Executive Drive, Suite 100
Sugar Land , TX 77478