The level of information Ovation collect depends on the level of your use. If you sign up to be a free, registered user of Ovation, you are required to enter your email address. Entering your name, company and other information is optional.
For your protection, Ovation does not store your complete billing information on its servers. Ovation partners with a secure payment gateway to provide a safe, secure payment procedure.
Ovation uses collected information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, and research.
Ovation does not share your email address or other personally identifying information with any third parties, except our service providers, such as credit-card payment processors, performing services on our behalf. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
Your browser installs a cookie on your computer when you visit our site. A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a web site’s computers and stored on your computer’s hard drive. Cookies are required to use the Ovation Pro services. They facilitate access to our website and personalize your online experience.
In addition, our server logs automatically collect information, such as your IP address, your browser type and language, and the date and time of your visit, which helps us track users’ movements around our site and understand trends.
We take appropriate physical, electronic, and other security measures to help safeguard personal information from unauthorized access, alteration, or disclosure.
Ovation uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run Ovation. The technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We take appropriate physical, electronic, and other security measures to help safeguard personal information from unauthorized access, alteration, or disclosure.
Ovation may disclose personally identifiable information under special circumstances, such as to comply with subpoenas, warrants, other valid legal processes, or when your actions violate the Terms of Service. In addition, Ovation may disclose certain information to our service providers, such as credit-card payment processors, performing services on our behalf. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
It may be necessary to share information in order to investigate, prevent, or take action regarding suspected or actual illegal activities, including without limitation, fraud, situations involving potential threats to the physical safety of any person, or as otherwise permitted or required by law.
A remarketing tag is a small snippet of code generated from Google AdWords that is added to a website in order to capture non-sensitive and non-personally identifiable information from a website’s visitors.
Ovation will use remarketing for the sole purpose of serving, highly relevant and targeted ads to previous visitors of our website. Remarketing helps us connect with these potential customers while they browse other websites. Ovation will not run any interest-based advertising campaigns that collect personally identifiable information (PII) including, but not limited to, email addresses, telephone numbers, and credit card numbers. Ovation will not correlate personally identifiable information with remarketing lists, cookies, or other anonymous identifiers.
As people browse certain Google services and websites that have partnered with the Google Display Network (GDA), Google stores a number in their browsers (using a "cookie") to remember their visits. These cookies make the personalization of your web experiences possible.This number uniquely identifies a web browser on a specific computer, not a person. This enables advertising partners of the GDA, like Ovation, to serve these highly targeted ads to visitors even after they have left their website. To learn more about cookies, feel free to review the educational resources on cookies provided by the Network Advertising Initiative.
PLEASE REVIEW THIS DOCUMENT CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS
Description of the Service. Ovation provides users (the “Registrant”) with access to a rich collection of resources, including by not limited to, applicant tracking tools, scheduling tools, social network integration, background check services and onboarding services (the “Service”). You also understand that the Service may include certain communications from Ovation, such as service announcements and administrative messages and that these communications are considered part of Ovation registration. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Ovation properties, shall be subject to this Agreement. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). addition, you must provide and are responsible for all equipment necessary to access the Service.
Electronic Form. By accessing the Website, you consent to have this Agreement provided to you in electronic form. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must have all the equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it to into any word processing program. You have a right to a paper copy of this Agreement. If you would like a paper copy, please email firstname.lastname@example.org. If you request a paper copy of the Agreement, your account will be suspended until you return a signed copy of the paper agreement to Ovation.
Offensive, Provocative, and Defamatory Content. Personal attacks, defamation, harassment, spam, offensive content, inappropriately aggressive behavior, or other illegal activities are prohibited.
Registrant Disputes. You are solely responsible for your interactions with other Ovation Registrants. Ovation reserves the right, but has no obligation, to monitor disputes between you and other Registrants.
Proprietary Rights. Ovation owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Ovation, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
No Resale or Redistribution of Service. Except as expressly authorized by Ovation, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or exploit for any commercial purposes, any portion of the Service or the Software, use of the Service, or access to the Service or computer code that powers the Service (hereafter sometimes "Software").
Permissions. It is Ovation’s policy to liberally grant permission to anyone interested in re-publishing our Job Posting content, on the condition that you give Ovation written credit and accurately link back to the original Ovation job post.
Copyright Abuse. We respond expeditiously to notices of claimed copyright infringement and terminate users or account holders who are “repeat infringers.” Pursuant to the Digital Millennium Copyright Act, we respond to notices of copyright infringement if they conform with the requirements of 17 USC 512(c) by including the following information:
Notices must be sent via email to email@example.com.
Account Access. You must provide your legal full name, a valid email address, and any other information requested in order to complete registration process. You must provide a valid email address to become a Registrant. You are responsible for maintaining the security of your account and password. Ovation cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Age Requirements. This website’s content is intended for adults and we will not knowingly collect personal information from children under 13 years of age. If you are a parent or legal guardian of a child under age 13 who you believe has submitted personal information to this site, please contact us at firstname.lastname@example.org immediately. You must be at least eighteen (18) years of age to become a registrant of OvationTechnologies.com.com. Registration in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Unauthorized Users. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Blocking of IP Addresses. In order to protect the integrity of the Service, Ovation reserves the right at any time in its sole discretion to block Registrants from certain IP addresses from accessing the Website.
Registration; Pricing. You may be come a Registrant of the Service at no cost. As a Registrant, you will have the ability to participate in all of the features and services available within the Service.
In order to access additional features and services, including the ability to use many of our tools, you must purchase those Ovation Products ("Products"). Please see our Pricing Page for a description of the Products and their current prices.
Depending on the Products you select, you may be entitled to varying number of Ovation Credits (“Credits”) to be used exclusively for the access to certain Ovation Services. Please note that Ovation may change Service features and functionality from time to time. The Product Charge is payable in United States dollars (including, if any, all applicable taxes).
Purchases; Charges on your Billing Account.
General. You agree to pay Ovation the product price (“Product Price”) specified in the Pricing Page when purchasing Products from the Service.
Ovation Credits. You may purchase Ovation Credits, in addition to other Services. You may use these Credits to access certain Ovation tools. Credits cannot be transferred, redeemed or exchanged.
Payment Method. A valid credit card is required to purchase Products. Ovation bills you through a secure online account (your “Billing Account”) for payment of the Products. We have an SSL certificate that prohibits your sensitive credit card information from being intercepted. Your complete billing information is not stored on Ovation servers. For your protection, our secure payment gateway partner stores your complete billing information. You agree to pay Ovation for all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Ovation to charge your chosen credit card (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. Ovation reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. If Ovation does not receive payment from your Payment Method, you agree to pay all amounts due on your Billing Account on demand.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY OVATION IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE BY VISITING THE PAYMENT PROFILE PAGE IN THE SETTINGS AREA OF THE APPLICATION (YOU MUST BE LOGGED IN TO VIEW THIS PAGE). IF YOU FAIL TO PROVIDE OVATION ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT OVATION MAY CHARGE YOU FOR ANY PURCHASE OF PRODUCTS UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR REGISTRATION FOR THE SERVICE.
Refunds. Ovation will not provide refunds to persons who have previously opened other accounts, whether or not they are using the same or different user names, email addresses, or billing information. If you elect to cancel your registration to the Service, you will not receive a refund on unused Credits or the amount paid to Ovation for previously purchased Products.
Collection. Registrants will pay on all amounts past due, that have not been disputed specifically in writing and in reasonable good faith, an interest charge of one and one-half percent (1.5%) per month computed from the due date of each payment, or the maximum rate permitted by law. Registrant will be liable for attorneys’ fees and collection costs arising from Ovation’s efforts to collect unpaid balances.
Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that Ovation is authorized to charge your Payment Method. Ovation may submit those charges for payment and you will be responsible for such charges. This does not waive Ovation’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially registered to the Service.
Promotions. Ovation reserves the right to offer its Products at promotional pricing to new or existing Registrants of its choosing.
Modifications to Service. Ovation reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Ovation shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Disclaimers of Warranties. The Website and the Service are provided “AS-IS” and on an “AS-AVAILABLE” basis. Ovation expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Ovation cannot guarantee and does not promise any specific results from the use of the Website and/or Service. You agree that you must evaluate, and bear all risks associated with, the use of any Website content and Services, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by Ovation or submitted to Ovation. Use of the Website and the Services may result in technical malfunction, delay, misdelivery, or other problems with other systems, programs, or computer hardware. Ovation cannot and does not guarantee compatibility with other systems and hardware.
Third-Party Content. Certain content, Products, and services available via the Service may include materials from third parties. In addition, Ovation may provide links to certain third-party Websites. You acknowledge and agree that Ovation is not responsible for examining or evaluating the content or accuracy of any such third-party material or Websites. Links to other Websites are provided solely as a convenience to you. Because Ovation has no control over such sites and resources, you acknowledge and agree that Ovation is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Ovation is not in any way responsible for any such use by you.
Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Ovation be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Ovation has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from your inability to access or obtain any goods, data, information or services through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any content posted on the Website or transmitted to Applicants; or (vi) any inaccurate or out-of-date content produced by the tools or published in job postings or social networks, or Website; or (vii) any other matter relating to the Service. Nothwithstanding any provision to the contrary, Ovation’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Ovation in the twelve (12) months prior to the claimed injury or damage.
Disclaimers and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers of warranties may not apply to you.
Indemnity by You. You agree to indemnify and hold Ovation, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of Ovation’s or any third party’s rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. You obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Interstate Nature of Communications on Ovation Network. When you register with Ovation, you acknowledge that in using Ovation services to send electronic communications (including but not limited to search queries, sending messages to the Ovation blogs, uploading files and photos, running Ovation tools, and other Internet activities), you will be causing communications to be sent through Ovation’s computer networks located in Washington, and other locations in the United States. As a result, and also as a result of Ovation’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. According, by agreeing to this Agreement, you acknowledge that use of the service results in interstate data transmissions.
U.S. Export Controls. Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Ovation cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Term. This Agreement will remain in full force and effect while you use the Website and/or are a Registrant. You may cancel your Registration at any time, for any reason; however, you will not be entitled to any refund of unused Credits. Ovation may terminate your Registration by sending notice to you at the email address you provide in your application for Registration, or such other email address as you may later provide to Ovation. If Ovation terminates your Registration in this Service because you have breached this Agreement, you will not be entitled to any refund of unused Credits. All decisions regarding the termination of accounts shall be made in the sole discretion of Ovation. Ovation is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your registration is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Ovation reserves the right to refuse service to anyone for any reason at any time.
Jurisdiction and Choice of Law. If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of Washington, without regard to its conflict of laws provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Washington, in King County, for the resolution of any such dispute.
Other. The failure of Ovation to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The Terms of Service constitutes the entire agreement between you and Ovation and govern your use of the Service, superseding any prior agreements between you and Ovation (including, but not limited to, any prior versions of the Terms of Service).
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