NOVI AMS, LLC (herein “COMPANY”), who owns and operates The NOVI AMS Platform may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms because they are binding on You. The terms “You” and “User” as used herein refer to all individuals and/or entities accessing The NOVI AMS Platform for any reason.
1. Eligibility and Minimum Requirements.
You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use The NOVI AMS Platform in any manner. By visiting The NOVI AMS Platform or accepting these Terms, You represent and warrant to The NOVI AMS Platform that You have reached the age of majority in your jurisdiction, and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to The NOVI AMS Platform that You will use The NOVI AMS Platform in a manner consistent with any and all applicable laws and regulations.
You agree that in order for the NOVI AMS PLATFORM to function fully with all features, You must execute an additional Web Development and Hosting Agreement. This additional agreement will require at least all of the following: (1) You must have a domain name already registered, controlled and maintained by You or Your company or organization (2) the above referenced domain must list COMPANY, or COMPANY’s designee or subcontractor, as technical contact in the Whois records during the entire Term of this additional agreement; (3) You must have a license/subscription to QuickBooks Online that supports API integration; and (4) You must have a license/subscription to QuickBooks Payments that supports API integration.
2. Use of NOVI AMS Platform Content.
The NOVI AMS Platform authorizes You to view and access a single copy of the content available on or from The NOVI AMS Platform solely for the use of Association Management. The contents of The NOVI AMS Platform, and of all other Web sites under The NOVI AMS Platform’s control, whether partial or otherwise (The NOVI AMS Platform and such other Web sites are sometimes collectively referred to as “NOVI AMS, LLC Sites”) such as text, graphics, images, logos, button icons, software and other NOVI AMS Platform Content (collectively, “NOVI AMS Platform Content”), are protected under both United States and foreign copyright, trademark and other laws. All NOVI AMS Platform Content is the property of NOVI AMS, LLC or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on The NOVI AMS Platform is the exclusive property of NOVI AMS, LLC and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the NOVI AMS Platform Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original NOVI AMS Platform Content on any authorized copy You make of the NOVI AMS Platform Content.
You agree not to sell or modify the NOVI AMS Platform Content or reproduce, display, publicly perform, distribute, or otherwise use the NOVI AMS Platform Content in any way for any public or commercial purpose, in connection with products or services that are not those of The NOVI AMS Platform, in any other manner that is likely to cause confusion among consumers, that disparages or discredits The NOVI AMS Platform or its licensors, that dilutes the strength of The NOVI AMS Platform’s or its licensor’s property, or that otherwise infringes The NOVI AMS Platform’s or its licensor’s intellectual property rights. You further agree to in no other way misuse NOVI AMS Platform Content that appears on this Site, other than those specifically permitted herein or by written agreement with The NOVI AMS Platform. Unless specifically permitted herein or in writing by The NOVI AMS Platform, the use of NOVI AMS Platform Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that The NOVI AMS Platform creates to generate or display any NOVI AMS Platform Content or the pages making up any The NOVI AMS Platform Site is also protected by The NOVI AMS Platform’s copyright and you may not copy or adapt such code.
3. The NOVI AMS Platform’s Ownership Rights.
The NOVI AMS Platform and its licensors own all right, title and interest, including without limitation all worldwide intellectual property rights in The NOVI AMS Platform Products and Services, and all such rights to all derivative works or enhancements of, in and to, or relating to, The NOVI AMS Platform Products and Services. By entering into this Agreement or by using The NOVI AMS Platform, You will not acquire any intellectual property or similar rights in The NOVI AMS Platform Products or Services other than a limited right to use the Products or Services for Your use in connection with Association Management. You agree You will not (i) remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying The NOVI AMS Platform Products or services, or related products and services; or (ii) use The NOVI AMS Platform’s name, logo, trademark, trade names or service marks except as expressly permitted in this Agreement without The NOVI AMS Platform’s prior written consent.
4. The NOVI AMS Platform Site Restrictions.
You may not use The NOVI AMS Platform Site in order to transmit, post, distribute, store or destroy material, including without limitation, NOVI AMS Platform Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
You warrant and agree that, while using The NOVI AMS Platform and the various services and features offered on or through The NOVI AMS Platform, you shall not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of The NOVI AMS Platform’s content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (c) attempt to gain unauthorized access to other computer systems through The NOVI AMS Platform which shall include but not be limited to engaging in any activity with the NOVI AMS Platform that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party; (d) engage in spidering, screen scraping, database scraping, harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of catalogue items or information, users or other information from or through The NOVI AMS Platform site or the services offered on or through The NOVI AMS Platform site, including without limitation any information residing on any server or database connected to The NOVI AMS Platform site or the services offered on or through The NOVI AMS Platform site; (e) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (f) use The NOVI AMS Platform site or the services made available on or through The NOVI AMS Platform site in any manner with the intent to interrupt, damage, disable, overburden, or impair The NOVI AMS Platform site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (g) use The NOVI AMS Platform site or The NOVI AMS Platform’s services or features in violation of The NOVI AMS Platform or any third party’s intellectual property or other proprietary or legal rights; (h) use any known or future unknown technology to harvest, names or addresses for spam, reverse engineering, data collection, data mining, unsolicited telemarketing or other unwanted nuisance intrusions; (i) use any device, software or scheme that would interfere with the proper functioning of The NOVI AMS Platform site, or any transaction via The NOVI AMS Platform site; (j) place an undue burden or interfere with the lawful transmission of our content to our users, use any device to limit our total free access to the web infrastructure; (k) rent or time-share the NOVI AMS Platform or host the NOVI AMS Platform in a multi-tenant environment; and (k) use The NOVI AMS Platform site or The NOVI AMS Platform’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else’s attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with The NOVI AMS Platform site or The NOVI AMS Platform’s services, or any content thereof, or make unauthorized use thereof. You agree that you will not use The NOVI AMS Platform site in any manner that could damage, disable, overburden, or impair The NOVI AMS Platform site or interfere with any other party’s use and enjoyment of The NOVI AMS Platform site. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through The NOVI AMS Platform site.
5. Registration Information, Accounts, Password, Content.
When You register with The NOVI AMS Platform, including but not limited to as a Registered User or Sponsor/Advertiser, You will be asked to create a NOVI AMS Platform Account or other account and provide COMPANY with certain information including, without limitation, a valid email address (your “Information”). Information you submit will be used in accordance with COMPANY’s Privacy Statement. You are responsible for providing accurate information in order to create an account.
The NOVI AMS Platform, is an Association Management software Program, which includes, the following available functions and/or features: membership management, dues management, groups functionality, event management, member directory, QuickBooks Online integration, QuickBooks Payments integration, transactional emails, Member Compass™, reporting, and data import and export. You understand and acknowledge that you have no ownership rights in your NOVI AMS Platform Account, and that if you cancel your NOVI AMS Platform Account, all your account information from COMPANY, may be marked as deleted in COMPANY’s databases and may be removed from any public area of the COMPANY Sites. COMPANY shall have sole and exclusive ownership of the NOVI AMS PLATFORM, all software and underlying source code, all layout and design elements, all media and documentation relating to the NOVI AMS PLATFORM (including their development, or their operation, Staging or use, and all reports and copies thereof), and all intellectual property rights associated therewith (including, without limitation, rights to copyrights, trade secrets, or know-how). Information may continue to be available for some period of time because of delays in propagating such deletion through COMPANY’s web servers. In addition, third parties may retain cached copies of your Information.
You are responsible for maintaining the confidentiality of your NOVI AMS Platform Account, Profile and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of your registrations and passwords, whether or not authorized by You. You agree to immediately notify COMPANY of any unauthorized use of your NOVI AMS Platform Account, Profile, or passwords, as the case may be.
During registration (and possibly at certain other times to enable your use of other features or functions or for security purposes), you will be required to provide us with certain information about yourself in order for us to allow you to begin the registration process, however You will be required to execute a further Development and Hosting Agreement for NOVI AMS Platform to work properly.
You agree and acknowledge that Your data, including financial or personal information, may be transferred to a third party located in a country that does not have adequate security controls to protect Your data. Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is provided to You, may be used by our third party vendors to conduct certain analytical research, performance tracking and benchmarking. Such third party vendors may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including helping to improve products and services and assisting in troubleshooting and technical support.
6. General Submissions.
The NOVI AMS Platform’s policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), the Submission shall be the property of The NOVI AMS Platform. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. The NOVI AMS Platform shall have an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such Submission (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such Submission, and to grant and authorize sublicenses thereof (through multiple tiers).
7. Copyright Agent.
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to The NOVI AMS Platform, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- 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;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- 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.
Attn: Copyright Agent
novi AMS, LLC
Attn: Peter A Zimek
13506 Summerport Vlg Pky, Ste 805
Windermere, FL 34786
8. Liability and Indemnification.
8(a). Limited Liability. IN NO EVENT SHALL COMPANY, ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE NOVI AMS PLATFORM OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE NOVI AMS PLATFORM, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE NOVI AMS PLATFORM EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO BA FOR YOUR USE OF THE NOVI AMS PLATFORM.
The limitation of liability is intended to apply to all claims of You, except for claims of indemnification made pursuant to Section 8(c), without regard to which other provisions of this Agreement have been breached or have proven ineffective.
8(b) Consequential and Special Damages. In no event shall COMPANY be liable for any special, indirect, incidental, or consequential damages that may arise in connection with the use of or inability to use the NOVI AMS PLATFORM or any copies thereof, regardless of whether COMPANY is apprised or notified of the possibility or likelihood of such damages.
8(c). Your Indemnification of COMPANY. You waive any and all claims You may have, now and forever, against COMPANY relating to any action taken in response to the claim that You have infringed the intellectual property rights of a third party, and agree to indemnify and hold harmless COMPANY from and against any such claims. You agree that You shall fully defend and indemnify COMPANY, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, attorneys’ fees, arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, directly or indirectly resulting from any and all failure(s) of You or Your agent(s) to fully comply with all duties, obligations and other provisions set forth in this Agreement, including, but not limited to, Your warranties set forth in this Agreement or Your violation of a third party’s intellectual property rights. Client further agrees to defend, indemnify and hold harmless COMPANY, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, loses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any act or omission of You or Your agents in connection with the performance of this Agreement. You agree that COMPANY shall have the right to participate in the defense of any such claim through counsel of its own choosing at Your expense.
8(d). COMPANY Indemnification of You. COMPANY shall indemnify and hold harmless and, at Your request, defend, and hereby releases You from any and all claims, damages, liabilities, costs and expenses (including but not limited to reasonable attorneys’ fees and court costs) arising from or relating to any claim that the NOVI AMS PLATFORM (including all API’s), or any component thereof, infringes any patent, copyright, trademark, trade secret or other intellectual property right or any contract or proprietary right of any third party.
9. DISCLAIMER OF WARRANTIES.
9(a) COMPANY DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES, ORAL OR WRITTEN, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WITH RESPECT TO THE NOVI AMS PLATFORM OR THEIR DEVELOPMENT, THEIR CONDITION, THEIR CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, OR THEIR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE NOVI AMS PLATFORM IS PROVIDED ON AN “AS IS” BASIS. YOU EXPRESSLY AGREES THAT THE USE OF THE NOVI AMS PLATFORM IS AT YOUR SOLE RISK. COMPANY DOES NOT WARRANT THAT THE NOVI AMS PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE. COMPANY DOES NOT MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE NOVI AMS PLATFORM. YOU UNDERSTAND AND AGREE THAT ANY USE OF THE NOVI AMS PLATFORM, THIRD PARTY SERVICES OR DATA PROVIDED VIA THE THIRD PARTY SERVICES OR THE NOVI AMS PLATFORM WILL BE AT YOUR SOLE RISK, AND THAT, IF THERE IS ANY LIABILITY IN CONNECTION WITH THE NOVI AMS PLATFORM INCLUDING LIABILITY ARISING FROM A SECURITY DUE TO COMPANY’S LACK OF COMPLIANCE WITH APPLICABLE LAWS OR REGULATIONS OR DATA PRIVACY PROTECTION, SUCH LIABILITY IS SOLELY WITH THE COMPANY AND NOT ITS LICENSORS OR THIRD PARTY SERVICE PROVIDERS.
NO WARRANTY IS MADE BY COMPANY REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT, AND COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, QUALITY, QUANTITY, OR CONTENT OF SERVICES OR GOODS PROVIDED TO YOU HEREUNDER, INCLUDING BUT NOT LIMITED TO YOUR SERVICES AND YOUR ASSOCIATION MANAGEMENT WEB SITE; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE NOVI AMS PLATFORM WILL BE FREE OF VIRUSES, “WORMS”, “TROJAN HORSES”, OR OTHER HARMFUL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT NO REPRESENTATIONS OF ANY KIND HAVE BEEN MADE TO CLIENT REGARDING THE POTENTIAL VOLUME OF PATRONAGE OF YOU ASSOCIATION MANAGEMENT WEB SITE OR ANY OTHER PERSON’S OR ENTITY’S WEB SITE OR WEB PAGE.
9 (b).Neither party shall be liable for failure to perform its obligations under this Agreement in the event of an Act of God, action by any governmental or quasi-governmental entity, fire, flood, insurrection, riot, explosion, power interruption, network interruption, a problem or interruption caused by a third-party malfunction (including but not limited to an interruption of QuickBooks Online or QuickBooks Payments services or functions), or any condition beyond the reasonable control of the party affected by any such act.
9(c). Client agrees and understands that neither COMPANY nor the operation of the NOVI AMS PLATFORM are providing any legal or accounting advice. Client agrees that it should rely on the advice of its own counsel and accountant regarding those matters. The required and proper use of QuickBooks and QuickBooks Payments are the sole responsibility of Client. Client further agrees and understands that the NOVI AMS PLATFORM relies on API integration for many of the features and functions, but that API integration has its own inherent level of unpredictability and inconsistency. COMPANY will use commercially reasonable efforts to utilize adequate API integration, but does not provide any warranty except as stated in section 8.1.
10. Local Standards.
We do not represent that materials on The NOVI AMS Platform are appropriate for use in all locations. Persons who choose to access The NOVI AMS Platform do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
11. Links to Content and Other Sites.
The NOVI AMS Platform may contain links to third party Web sites and content. These links are provided solely as a convenience to You and not as an endorsement by The NOVI AMS Platform of the contents on such third-party Web sites. The NOVI AMS Platform is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.
The NOVI AMS Platform and certain other The NOVI AMS Platform Sites contain links to social media sites, including but not limited testimonials. These links are provided solely as a convenience to You and not as an endorsement by The NOVI AMS Platform of the content on such social media sites. The NOVI AMS Platform is not responsible for the content, accuracy of such content, or manner in which such content is provided to these third party social media sites. You specifically agree that the use of these social media sites in conjunction with The NOVI AMS Platform is at your own risk.
The Terms of Service and the relationship between you and us shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Service shall be commenced and be heard in the appropriate court in the State of Florida, Alachua County. You agree to submit to the personal and exclusive jurisdiction of the courts located within Alachua County in the State of Florida. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service by The NOVI AMS Platform must be made in writing and signed by an authorized representative of The NOVI AMS Platform specifically referencing these Terms of Service and the provision to be waived. Headings used in these Terms of Service are for convenience only and are not to be relied upon. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. These Terms of Service will inure to the benefit of, and are intended to be enforceable by, The NOVI AMS Platform’s successors, assigns and licensees. There are no third party beneficiaries to this Agreement; a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term or provision of this Agreement.
You understand that the NOVI AMS Platform may require access to certain third party services (“Third Party Services”). In order to use the NOVI AMS Platform that uses or collects data from the Third Party Services, You hereby authorize third party service providers, including Intuit, to obtain Your data from third parties and share it with COMPANY for the NOVI AMS Platform. Such data may include Your financial or personal information with third parties. In addition, You agree that COMPANY may provide Your data to the third party service provider. You represent and warrant that You have the rights and authority to provide such authorizations to the third party service providers and COMPANY. Your use and/or access to Third Party Services shall be limited to those uses and access rights permitted by the third party service provider. If You access or use the Third Party Services, You are responsible for reviewing and understanding any such terms and conditions governing such Third Party Services. You understand that COMPANY has no control over the Third Party Services and that Your ability to access and use the Third Party Services may be suspended or terminated at any time, for any reason, at the third party service provider’s discretion.
The NOVI AMS Platform utilizes QuickBooks as part of its functionality and features. QuickBooks (or other Intuit product) and Intuit are registered trademarks and service marks of Intuit Inc., displayed under license. You acknowledge that Intuit is a third party beneficiary under this Agreement with rights to enforce the terms of this Agreement.
You are fully responsible for the security of data on Your website or otherwise in Your possession or control. You agree to comply with all applicable state and federal laws and rules in connection with your collection, security and dissemination of any personal, financial, credit card, or transaction information (defined as “Data”) on Your website. You agree, where applicable, it shall be compliant with the Payment Card Industry Data Security Standards (PCI-DSS) and the Payment Application Data Security Standards (PA-DSS), as applicable. It is Your responsibility to comply with these standards.
13. Legal Disputes
If any dispute arises between You and COMPANY, as it relates to The NOVI AMS Platform and this Agreement, such dispute shall be submitted and settled in accordance with the Rules of the American Arbitration Association, in Alachua County Florida and the decision of a single English speaking arbitrator shall be final and binding. You further agree that in the event The NOVI AMS Platform becomes a party to the dispute involving this Agreement, each party shall bear its own costs and legal fees.
These Terms constitute a binding agreement between You and COMPANY, and is accepted by You upon your use of The NOVI AMS Platform.
(Last Updated June 2017)
This Privacy Statement sets forth the online data collection and usage policies and practices that apply to novi AMS and does not apply to information we collect in any other fashion.
1. Collection of Information by novi AMS
By using novi AMS, we may request that you provide personal information, including your name, mailing address, email address, telephone number and other generalized background information. Moreover, there is information about your computer hardware and software that is or may be collected by us. This information can include without limitation your IP address, browser type, domain names, access times and referring website addresses, but is not linked to your personal information. We also get information from your use of our services including how you use them. Regarding IP Address and Clickstream Data, our server automatically collects data about your server’s Internet address when you visit us. When you request pages from our web site, our servers may log your IP Address and sometimes your domain name. Your IP Address is used to help identify you and to gather demographic information about our customers as a whole, but does not include personally identifiable information. Our server may also record the referring page that linked you to us (e.g., another web site or a search engine); the portions of novi AMS you visited; any search terms you have entered on novi AMS, or a referral site; and other web usage activity and data logged by our web servers.
2. Our Use of Your Information
We use the information we gather on novi AMS, whether personal, demographic, collective or technical, for the purpose of operating and improving novi AMS, fostering a positive user experience, and delivering the products and services that we offer. We may use your contact information in order to send you email or other communications regarding updates at the novi AMS. The nature and frequency of these messages will vary depending upon the information we have about you. We additionally may employ Internet tracking and analytic tools such as Google Analytics to better understand and deliver a user experience. We also use the information that we gather for internal system administration, to help diagnose problems with our server, and to administer our web site. Such information may also be used to gather demographic information, such as country of origin and Internet Service Provider. We may link this information with your Personal Information.
3. Disclosure of Personal Information to Others
We do not disclose your personal information to third parties, or your combined personal and demographic information or information about your use of novi AMS, except as follows; We disclose information to companies and individuals we employ to perform functions on our behalf, including hosting our Web servers, analyzing data, providing marketing assistance, and providing customer service. These companies and individuals may have access to your personal information as necessary to perform their functions, but they may not share that information with any other third party. We will share personal information with companies, organizations or individuals outside of novi AMS if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to (1) meet any applicable law, regulation, legal process or enforceable governmental request; (2) enforce applicable Terms of Service, including investigation of potential violations (3) detect, prevent, or otherwise address fraud, security or technical issues (4) Protect against harm to the rights, property or safety of novi AMS, our users or the public as required or permitted by law.
novi AMS may contain electronic images known as Web beacons (sometimes called single-pixel gifs) that allow us to count users who have visited those pages. Web beacons are not used to access your personally identifiable information; they are a technique we use to compile aggregated statistics about our Web site usage. Web beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the Web beacon resides. You may not decline web beacons, however, they can be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis.
5. Access to, Opt-Out and/or Modification of Your Information
novi AMS may provide account holders limited access to or the ability to modify Your personal information. Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request.
If you are receiving newsletters, commercial emails or other communications from novi AMS, but subsequently change your mind, you may opt-out by selecting an appropriate link in those email communications as indicated for the opt out or by sending an email to firstname.lastname@example.org. We retain indefinitely all the information we gather about you in an effort to make your repeat use of the novi AMS more efficient, practical, and relevant. To the extent that we utilize the Google Analytics tools available, you have options with respect to some of those tracking tools or features available at https://tools.google.com/dlpage/gaoptout/
6. Security of the Personal Information
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. We restrict access to personal information to novi AMS employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
novi AMS is not intended for children under 18 years of age. We do not knowingly collect personal information from children under 18.
8. Changes to Privacy Statement
9. Contact Information
novi AMS operates under the control of novi AMS, LLC, a Florida Company with its principal place of business at 101 S. Garland Ave, Ste 108 Orlando, FL 32801.