This website (the "Site") is owned and maintained by Funding Dynamics, LLC, (the "Company," "We," "Us" or "Our"). NOVICAST™ is a proprietary and patent pending system which is wholly owned by Funding Dynamics, LLC. These Terms of Use (the "TOU" or "Agreement") shall govern your access to and use of this website and its content. PLEASE READ THESE TOU CAREFULLY. BY ACCESSING AND USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TOU AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT WISH TO BE BOUND BY THESE TOU, THEN DO NOT USE THIS SITE.

  1. Changes to the TOU.
  2. We may update or change these TOU at any time. You can review the most current version of these TOU by clicking on the "Terms of Use" hypertext link located at the bottom of our home page. You are responsible for checking these TOU periodically for updates or changes. If you continue to use this Site after we post updates or changes to these TOU, you are signifying your acceptance of the new TOU.

  3. Content and Proprietary Rights.
  4. This Site contains content which is derived in whole or in part from material supplied by us and other entities or sources. This material includes text, data, software, sound, video, messages, images, music, photographs, graphics and other materials (the "Content"). NOVICAST™ is comprised of, among other things, software which is necessary for the operation and effectiveness of the system (the "Software"), and the Software is included in the Content. You acknowledge and agree that the Content, whether created by Funding Dynamics, LLC, or by other entities or sources, including content contained in advertisements and other media made available to you on this Site from sponsors, advertisers or other content providers, is protected by applicable intellectual property rights and laws, including copyright, trademark, patent, trade secret, as well as other laws and treaties. Except as expressly permitted by law or as authorized by Funding Dynamics, LLC, or other proper entities or sources (such as a sponsor or advertiser), you agree not to modify, rent, sublicense, assign, transfer, loan, sell, distribute, reproduce, copy, store, translate, port, transmit, broadcast, publish, publicly perform or create derivative works based upon the Content, including the Software, in whole or in part, except as specifically authorized in a separate written agreement.

  5. Limited License to Use the Software.
  6. We may make software available for you to download or use. That software will be subject to the terms and conditions of the license agreement that accompanies such software. If no license agreement is presented to you with the software, then the following license, in addition to the other terms and conditions of these TOU, shall govern your use of such software. We grant you a personal, non-transferable and non-exclusive right and license to use the object code of our software on a single computer or web enabled device for your personal, non-commercial use only. Any other use of this software without the express written consent of the Company is expressly prohibited. You shall not (and you shall not allow any third party to) copy, adapt, reproduce, upload, port, transmit, modify, create a derivative work from, decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code pertaining to the software. You acknowledge and agree that the software is protected by applicable intellectual property rights, laws and treaties and is owned exclusively by us or by the proper third party entities or sources. You shall not sell, assign, sublicense, redistribute, grant a security interest in or otherwise transfer any right in the software, unless such activity is expressly permitted or required by law or has been expressly authorized by Funding Dynamics, LLC, in writing. You shall not incorporate the software or any portion of it into another product, nor use any modified versions of the software for any reasons. You shall keep intact, and not remove any proprietary notices, including copyright(s), on the software.

  7. Your Responsibilities.
  8. You may access and use this Site for lawful purposes only. You shall not submit or transmit through this Site any material, or engage in any conduct that:

    1. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, deceptive, fraudulent, obscene, invasive of another’s privacy, pornographic, hateful, or racially or ethnically offensive;
    2. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights (the “Rights”) of any party;
    3. contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
    4. intentionally or unintentionally violates any applicable local, state, federal or international law or treaty;
    5. encourages conduct that constitutes a violation of a criminal statute or which gives rise to any civil liability;
    6. violates these TOU or guidelines or policies posted on our Site.

    You shall not use this Site in any manner that could cause damage to or disable or impair our servers or networks or which could interfere with another party’s access to or use of this Site. You shall not attempt to gain, through hacking, password mining or any other means, unauthorized access to any accounts, computer systems or networks. We may take any and all legal and technical remedies to prevent such violation(s) and to enforce these TOU.

  9. Third Party Sites; Advertisers.
  10. This Site may contain links to third party sites. The presence of these links does not mean that we endorse these third party sites, or their products or services. One or more of these sites may contain materials that are inaccurate, objectionable or unlawful. We do not control and are not responsible for any content, information, data, opinions, advice or statements, nor for any products or services offered or available on these sites. Access to and use of other Internet web sites is solely at the user’s own risk and we assume no responsibility of any kind arising therefrom. We have no control over the privacy policies or practices of any third party sites. When you leave our Site, we encourage you to read the terms and conditions and the privacy policies of the other sites.

    Any dealings that you have with advertisers and merchants found on our Site are between you and the advertiser or merchant. You acknowledge and agree that we are not liable for any claims or damages you may have or incur as a result of your purchase of any product or service from a merchant or your dealings with or participation in, promotions of any advertiser or your reliance upon or expectations with respect to any advertisement contained on our Site.

  11. Disclaimer of Warranties.
  12. Your access to and use of this Site is solely at your risk. Although we have attempted to provide accurate information on this Site, we assume no responsibility for the accuracy, or lack thereof, of the information which is made available to you.

    All information on this Site is provided on an “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” basis. Funding Dynamics, LLC, its subsidiaries, affiliates, members, officers, employees, agents and consultants expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality and non-infringement. We make no warranty that the information made available to you on this Site will be uninterrupted , timely, secure or error-free, or that the information will meet your requirements, or that the results obtained from your use of any of the information contained on the Site will be accurate or reliable or that the quality of any products, services, information or other material purchased or obtained by you through your use of the Site will meet your expectations, or that any errors in the software will be corrected.

    We make no warranties or representations of any kind for or on behalf of the sponsors, advertisers, content providers, merchants and other third parties who provide content, information, products, services, functions or other materials through our Site. Your use of such content, information, products, services, functions or other materials provided by third parties to you is between you and them.

    Your access to and use of this Site, including your downloading of any material, shall create no responsibility or liability on the part of the Company for any damage to your computer equipment, system or other device, or for loss of data, resulting therefrom. You acknowledge and agree that your access to and use of this Site is done at your own discretion and risk. No information, whether oral or written, obtained by you from the Site shall create any warranty not expressly stated in these TOU.

  13. Limitation of Liability.
  14. You expressly understand and agree that Funding Dynamics, LLC, and its subsidiaries, affiliates, members, officers, employees, agents and consultants shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits or revenues, costs or replacement of goods or services, loss of goodwill, loss of use or data or other intangible losses (even if the Company has been advised of the possibility of such losses), resulting from:

    1. the use of, inability to use or reliance upon the Site or the information contained thereon;
    2. the cost of obtaining or procuring substitute goods or services resulting from any information, data, goods or services purchased or obtained, or transactions or dealings entered into through your use of the Site;
    3. unauthorized access to or alteration of your transmissions or data;
    4. conduct, statements or representations (whether oral or written) engaged in or made by any third party who provides content, information, products, services, functions or other materials on this Site; and
    5. any other matter or issue relating to the Site, or content, information, data, products, services, functions or other material contained thereon.
  15. Indemnification.
  16. At our request, you agree to defend, indemnify and hold harmless us as well as our respective subsidiaries, affiliates, members, officers, employees, agents and consultants from all claims, losses, damages (actual and consequential), liabilities, causes of action, litigation costs and expenses, including reasonable attorneys’ fees, made or incurred by any third party due to or arising out of:

    1. any breach by you of these TOU or claims arising from your use of the Site;
    2. any content you submit, post, transmit, or otherwise make available on the Site;
    3. your violation of any rights of another person or entity, including infringement of any intellectual property right(s); and
    4. any other of your actions or your involvement, whether directly or indirectly, with the Site.
  17. Changes or Modifications to the Site.
  18. We may discontinue or change any service, feature or technology on the Site at any time and without notice to you.

  19. Privacy Policy.
  20. The Funding Dynamics, LLC, Privacy Policy explains the policy and practices that apply to your information when you access or use our Site. Your ongoing use of our Site signifies your consent to the information policy and practices disclosed in our Privacy Policy. You can review the Privacy Policy by clicking on the “Privacy Policy” hypertext link located at the bottom of our home page.

  21. Trademark Information.
  22. You acknowledge and agree that all of our trademarks, trade names, service marks and other logos and product names and trademarks (the “Marks”), are the property of Funding Dynamics, LLC. Without our prior written consent, you agree not to display or use in any manner any of our Marks. All other trademarks, trade names, service marks and other logos which may be located or found on the Site constitute the intellectual property rights of their respective owners. All such other intellectual property rights may not be infringed in any manner directly or indirectly absent the prior express permission of the owner(s) of such intellectual property rights.

  23. Notice and Procedure for Infringement Claims for Copyright or Intellectual Property/DMCA.
  24. You may not post, modify, distribute or reproduce in any way copyrighted or other intellectual property materials without first obtaining the prior written consent of the copyright owner of such materials. In appropriate circumstances, and at our discretion, we may terminate or deny access to any user of our Site who is alleged to have infringed the copyright or proprietary rights of another. It is our policy to comply with the United States Digital Millennium Copyright Act (the “DMCA”) with regard to notices of alleged infringement.

    Without limiting the foregoing, if you believe that your copyright or other intellectual property rights have been infringed, please provide our Designated Agent written notice containing the following information:

    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
    3. a description of where the material that you claim is infringing is located on our Site or network(s);
    4. your address, telephone number and email address;
    5. 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
    6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

    Our Designated Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

    Office of General Counsel
    Funding Dynamics, LLC
    793 Sharon Drive
    Westlake, Ohio 44145
    By telephone: 877-809-2169
    By facsimile: 440-617-9794
    By email: legal@novicast.com

  25. Termination.
  26. You may terminate this Agreement at any time. We may terminate this Agreement at any time and for any reason. We shall terminate this Agreement immediately and without prior notice, upon the occurrence of the following:

    1. your breach or violation of these TOU;
    2. a request or order made or issued by a court, law enforcement or governmental agency;
    3. unexpected and unanticipated technical or security issues or problems;
    4. engagement by you in fraudulent or illegal activity.
  27. Miscellaneous Provisions.
  28. Entire Agreement: These TOU and the Funding Dynamics, LLC, Privacy Policy, and any modifications thereto, constitute the entire agreement between the parties with regard to the Site and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.

    Governing Law and Jurisdiction. These TOU and your use of this Site are governed by and construed in accordance with the laws of the State of Ohio. You agree that any claim, dispute, or action arising out of or relating to these TOU or your use of this Site shall be commenced and heard in the courts of the State of Ohio, Cuyahoga County or the federal court located in the Northern District of Ohio, Eastern Division, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

    Waiver and Severability of Terms: The failure of the Company to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, unenforceable, unlawful or void, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in said provision, and the other provisions of the TOU shall remain in full force and effect.

    Unlawful Activity: The Company reserves the right to investigate complaints or reported violations of our TOU and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or third parties, and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information.

    Remedies for Violations of TOU: The Company reserves the right to seek all remedies available at law and in equity for violations of these TOU, including, but not limited to, the right to block access from a particular Internet address to this Site and any other provider web sites and their features. We reserve the right to limit, suspend or terminate your access to the Site and all associated uses of this Site, in our sole discretion, with or without prior notice, if we believe that your conduct fails to conform to these TOU.

    Termination Consequences In the event of termination you shall no longer be permitted or granted access to or use of the Site and you shall delete all information, content and files (and any copies thereof) from your computer and network. Any license granted to you pursuant to Section 3 of this Agreement shall be terminated.

    Sections 6 (Disclaimer of Warranties), 7 (Limitation of Liability), 8 (Indemnification), 11 (Trademark Information), 13 (Termination) and 14 (Including Governing Law and Jurisdiction, Waiver and Severability of Terms and Remedies for Violations of TOU) of these TOU shall survive termination of this Agreement.

 
 

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