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Website Terms of Use

Last Updated: March 2, 2022

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE

This website, including https://trovata.io and any affiliated sites (collectively, “Site”), is for information purposes only. The Site is operated by Trovata, Inc. (“Trovata”, “we”, or “us”).

These terms may be changed from time to time and without further notice. Your continued use of our Site after any such changes constitutes your acceptance of the new terms. If you do not agree to abide by these or any future terms, please do not use our Site.

We may terminate, change, suspend or discontinue any aspect of our Site, including the availability of any features or services, at any time. We may remove, modify or otherwise change any content, including that of third parties, on or from our Site. We may impose limits on certain features and services or restrict your access to all or any part of our Site without notice or liability. We may terminate your use of our Site at any time in our sole discretion.

These terms apply exclusively to your access to and use of our Site and do not alter the terms or conditions of any other agreement you may have with us or any affiliated company.

1. Proprietary Rights

Copyrights

All content on our Site, including but not limited to design, text, publications, graphics, other files, and their selection and arrangement (“Trovata Content”), are the copyright and proprietary property of Trovata or its affiliates or licensors. All rights reserved. The Trovata Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission, except for the following: subject to the payment of any applicable fees to Trovata, you may download and print content for noncommercial uses that are not competitive with or derogatory to Trovata, provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time and does not include consent to republish Trovata Content on any Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation. Any other use of the Trovata Content is strictly prohibited.

Trademarks

All trademarks on our Site are either trademarks or registered trademarks of Trovata or our affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Trovata or our affiliates, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other trademarks, registered trademarks, product names, and company names or logos displayed on our Site are the property of their respective owners.

2. User Conduct – General

In using our Site, you agree:

  1. not to disrupt or interfere with the security of, or otherwise abuse, our Site, or any services, system resources, accounts, servers or networks connected to or accessible through our Site or affiliated or linked websites;
  2. not to disrupt or interfere with any other user’s enjoyment of our Site or affiliated or linked websites;
  3. not to upload, post, or otherwise transmit through or on our Site any viruses or other harmful, disruptive or destructive files;
  4. not to use or attempt to use another’s account, service or system without authorization from Trovata, or create or use a false identity on our Site;
  5. not to transmit through or on our Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; and
  6. not to attempt to obtain unauthorized access to our Site or portions of our Site which are restricted from general access.

In addition, you agree that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on our Site. Our Site is controlled and operated in the United States. If you are in a jurisdiction which restricts you from accessing our Site, do not access or use our Site. We make no representation that our Site is appropriate or available for use outside the United States.

3. Communications On and Through Our Site

Except as otherwise provided in Section 4 below, you agree that any communications you transmit to us, including, questions, comments, suggestions, ideas, plans, notes, drawings, or other material or information (collectively, “Information”), are non-confidential and upon transmission of such Information to us via email or other means you grant to Trovata an irrevocable, non-exclusive, royalty-free, sublicensable, worldwide license (including but not limited to a copyright license) to use such Information in any media for any purpose.

4. Privacy Statement

You acknowledge and agree that we may use the data collected in the course of our relationship for the purposes identified in our Privacy Policy, which is incorporated by reference as if fully set forth in these terms.

5. Links and Third Party/User Content

Our Site may contain links to other websites, including links to access or interact with third-party services unaffiliated to us, such as LinkedIn and Facebook. We do not control the privacy practices of these third-party services. These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by us of — or responsibility for — the linked websites or any content, services or products available on or through such sites.

Links from Other Websites. All links to our Site must be approved in writing by us, except that we consent to links in which:

  1. the link is a text-only link containing only the title of the home page of our Site;
  2. the link “points” only to the home page of our Site and not to deeper pages;
  3. the link, when activated by a user, displays this home page of our Site full-screen and not within a “frame” on the linked website; and
  4. the appearance, position, and other aspects of the link do not create the false appearance that an entity or its activities or products are associated with or sponsored by Trovata or our affiliates, or be such as to damage or dilute the goodwill associated with the name and trademarks of Trovata or our affiliates.

We reserve the right to revoke this consent to link at any time in our sole discretion.

Third Party Content

Our Site may from time to time contain material, data or information provided, posted or offered by third parties. You agree that neither Trovata nor our affiliates will have any liability whatsoever to you for any such third party material, data or information.

6. Disclaimers

OUR SITE AND THE TROVATA CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF OUR SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TROVATA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

YOU EXPRESSLY AGREE THAT USE OF OUR SITE, INCLUDING ALL CONTENT ACCESSED FROM OR THROUGH OUR SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

EXCEPT AS OTHERWISE AGREED IN WRITING, TROVATA AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES PROVIDED THROUGH OR REFERENCED ON OUR SITE. TROVATA DOES NOT MAKE ANY WARRANTY THAT OUR SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT OUR SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES TROVATA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF OUR SITE.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

7. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL TROVATA OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE OUR SITE OR ANY CONTENT CONTAINED ON OUR SITE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF TROVATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

We respect the intellectual property rights of others, and require that the people who use our Site do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on our Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:

  • The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
  • Identification of the copyrighted work that you claim has been infringed;
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
  • Your name, address, telephone number, and email address;
  • 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
  • A statement made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

If we receive such a claim, we reserve the right to refuse or delete material as described under these terms.

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 (“DMCA”) is:

Trovata, Inc., 312 South Cedros Ave, Suite 312, Solana Beach, CA 92075 Attn: Copyright Infringement

After receiving a claim of infringement, we will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.

Upon receipt of a proper counter notification under the DMCA, we will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. Unless our designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on our Site, we will replace the removed material and cease disabling access to it.

You may provide us with a counter notification by providing our copyright agent the following information in writing:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which we may be found and that you will accept service of process from the person who provided the initial notification of infringement.

9. General

Applicable Law

These terms will be governed by and construed in accordance with the laws of the State of California, and the federal laws of the United States of America, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within San Diego County, the State of California.

Other

These terms constitute the entire agreement between you and Trovata governing your use of our Site. Should any provision in these terms be found invalid or unenforceable for any reason, then that provision will be deemed severable from these terms and will not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to these terms or your use of our Site must be filed within one year after it arose or be permanently barred.

Questions

Please direct any questions regarding these terms to legal@trovata.io, and put “Terms of Use Inquiry” into the subject line of your email.