Terms and Conditions of Use
Agreement between User and NovoTrax PD,
Welcome to www.novotraxpublicsafety.com.
This agreement is between User and NovoTrax, Corp. All references to NovoTrax Corp, include www.NovoTrax.com, NovoTrax PD, NovoTrax Education Corp, NovoTrax Healthcare Corp, NovoTrax Public Safety Corp, NovoTrax Business Corp, The Zarahemla Group Corporation, www.GetOnTheBusnow.com, On The Bus, www.BlueberryGames.com, Blueberry Games, www.NovoTraxSmartConferencing.com, www.LightsCameraAction.live, NovoTrax ENS. NovoTrax Biz and www.Novotrax.com with any or, all of its listed products. The NovoTrax website is a portal of eCommerce of digital products for Smart City connection site. By using the NovoTrax website(s), you consent to the data practices described in this statement.
The www.NovoTraxSmartConferencing.com website (the “Site”, or “Software”) is comprised of various web pages operated by NovoTrax, Corp (“NovoTrax”). All NovoTrax products and services, including; www.NovoTrax.com, www.NovoTrax.live, www.NovoTraxSmartConferencing.com, www.GetOnTheBusNow.com, www.BlueberryGames.com, and all other NovoTrax sites are offered to you (“Customer”) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.NovoTrax.com, www.NovoTrax.live, www.NovoTraxSmartConferencing.com, www.GetOnTheBusNow.com, www.BlueberryGames.com, www.LightsCameraAction.live, and all other NovoTrax sites constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.NovoTraxSmartConferencing.com, www.GetOnTheBusVideoStreaming.com, and www.LightsCameraAction.live are Social Networking Sites that uses video conferencing, VOIP, and networking.
Visiting www.NovoTrax.com, www.NovoTrax.live, www.NovoTraxSmartConferencing.com, www.GetOnTheBusNow.com, www.BlueberryGames.com, www.GetOnTheBusVideoStreaming.com, www.LightsCameraAction.live, and all other NovoTrax sites or sending emails to NovoTrax constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use these sites or any of the the NovoTrax software, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that NovoTrax or any of its associates is not responsible for third-party access to your account that results from theft or misappropriation of your account. NovoTrax and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
NovoTrax does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.NovoTrax.com, www.NovoTrax.live, www.NovoTraxSmartConferencing.com, www.GetOnTheBusNow.com, www.BlueberryGames.com, and all other NovoTrax sites only with permission of a parent or guardian.
Tracking User Location
By using On The Bus, EDU-Trax, NovoTrax-BIZ, NovoTrax-PD, Blueberry Games, Lights Camera Action, NovoTrax Smart Conferencing, and other NovoTrax products you give your consent that all parties, including; students, parents, teachers, school administrators, drivers, and other users agree to share student and other user locations for the purpose of informing participating stake holders of such location. Location data will not be sold or transferred in any way to non-participating companies or agencies.
You may cancel your subscription at any time. Any cancellations made after 60 days of service will not qualify for a refund. Please contact us at Info@NovoTrax.com with any questions.”
Links to Third-party Sites/Third-party Services
www.NovoTrax.com, www.NovoTrax.live, www.NovoTraxSmartConferencing.com, www.GetOnTheBusNow.com, www.BlueberryGames.com, www.GetOnTheBusVideoStreaming.com, and www.LightsCameraAction.live may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of NovoTrax and NovoTrax is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NovoTrax is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NovoTrax of the site or any association with its operators.
Certain services made available via www.NovoTrax.com, www.NovoTrax.live, www.NovoTraxSmartConferencing.com, www.GetOnTheBusNow.com, www.BlueberryGames.com, www.GetOnTheBusVideoStreaming.com, and www.LightsCameraAction.live are delivered by third-party sites and organizations. By using any product, service or functionality originating from the www.NovoTraxSmartConferencing.com domain, you hereby acknowledge and consent that NovoTrax may share such information and data with any third-party with whom NovoTrax has a contractual relationship to provide the requested product, service or functionality on behalf of www.NovoTrax.com, www.NovoTrax.live, www.NovoTraxSmartConferencing.com, www.GetOnTheBusNow.com, www.BlueberryGames.com, www.GetOnTheBusVideoStreaming.com, and www.LightsCameraAction.live users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of NovoTrax or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. NovoTrax content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of NovoTrax and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of NovoTrax or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, video conferencing room, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
NovoTrax has no obligation to monitor the Communication Services. However, NovoTrax reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. NovoTrax reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
NovoTrax reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in sole discretion of NovoTrax.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. NovoTrax does not control or endorse the content, messages or information found in any Communication Service and, therefore, NovoTrax specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized NovoTrax spokespersons, and their views do not necessarily reflect those of NovoTrax.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to www.NovoTraxSmartConferencing.com or Posted on Any NovoTrax Web Page
NovoTrax does not claim ownership of the materials you provide to www.NovoTraxSmartConferencing.com (including feedback and suggestions) or post, upload, input or submit to any NovoTrax Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting NovoTrax, our affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. NovoTrax is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in sole discretion of NovoTrax.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You will be able to connect your NovoTrax account to third-party accounts. By connecting your NovoTrax account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by NovoTrax from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the NovoTrax Content accessed through www.NovoTraxSmartConferencing.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless NovoTrax, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third-party, or your violation of any applicable laws, rules or regulations. NovoTrax reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NovoTrax in asserting any available defenses.
Persona, Voice, Personal Image, and Documents
YOU UNDERSTAND THAT THIS WEBSITE AND ITS ASSOCIATED ENTITIES ARE USED FOR SOCIAL NETWORKING AND INTERNET BASED CONFERENCING AND CAN CAPTURE, DISPLAY, BROADCAST, RELAY, TRANSMIT AND RECORD YOU’RE YOUR PERSONAL IMAGE, VOICE, BACKGROUND IMAGES, AND PERSONA, AS WELL AS ANY AND UPLOADED DOCUMENTS. YOU HEREBY UNEQUIVOCALLY ALLOW AND AUTHORIZE NOVOTRAX AND ALL NOVOTRAX ASSOCIATED ENTITIES FULL AND UNALTERABLE PERMISSION TO CAPTURE, DISPLAY, BROADCAST, RELAY, TRANSMIT AND RECORD YOU’RE YOUR PERSONAL IMAGE, VOICE, BACKGROUND IMAGES, AND PERSONA, AS WELL AS ANY AND UPLOADED DOCUMENTS.
You agree that it is solely your responsible for the content of all visual, written or audible communications, files, documents, videos, recordings and any other material (“Content”) used, displayed, uploaded, exchanged or transmitted on or through the Site or the Software. Under no circumstances will NovoTrax or any of its associated companies be liable to you for any loss or damages: (i) arising from any Content, or Content related errors or omissions; or (ii) incurred as a result of the use of, access to, or denial of access to the Content; or (iii) the loss of data or personal information as a result of the use of, access to, or denial of access to the Content or to the Site, or to the Software.
WHILE NOVOTRAX TAKES EVERY FORESEEABLE PRECAUTION TO SECURE AND TO PROTECT YOUR DATA, PERSONAL IDENTITY, PERSONAL INFORMATION, AND YOUR CONTENT; YOU DO HEREBY AGREE TO USE THE SITE AND SOFTWARE AT YOUR OWN RISK AND WILL NOT HOLD LIABLE NOVOTRAX OR ANY OF ITS ASSOCIATED COMPANIES IN ANY WAY WHAT SO EVER. IT IS HIGHLY RECOMMENDED THAT YOU DO NOT SHARE ANY PERSONAL OR FINANCIAL INFORMATION OVER THE INTERNET.
Local Laws of Usage
The Software may not be appropriate for use in all countries. You agree that you will comply with all applicable laws and regulations in connection with your use of the Software, including, but not limited to: (a) with respect to personally identifiable information sent or received by you, all applicable privacy laws and regulations, (b) laws relating to the recording of communications, including, when required, advising all participants in a recorded NovoTrax Smart Conferencing Meetings Server meeting or event that the meeting or event is being recorded, and (c) laws relating to the use of VoIP-based services, if applicable. It is your sole responsibility to ensure that you have the right to use all features of the Software in your own jurisdiction. NovoTrax may modify or not make available the Software and/or certain Software features to comply with applicable laws and regulations. You certify that you and any third parties you invite will not use the Software from within an embargoed country. You further certify that neither you or any party you invite are not on the U.S. Department of Commerce’s Denied Persons List or affiliated lists, on the U.S. Department of Treasury’s Specially Designated Nationals List or on any U.S. Government export exclusion lists. The export obligations under this clause shall survive the expiration or termination of the Agreement.
You agree not to take any action using any aspect of the NovoTrax Sites or Software, in any manner, that:
• Is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another’s privacy, tortuous, obscene, profane or which otherwise violates the Terms of Service;
• Infringes any patent, trademark, trade secret, copyright, right of publicity, privacy right or other right of any party;
• Reveals any personal information about another individual, including another person’s name, address, phone number, electronic mail address, credit card information or any other information that could be used to track, contact or impersonate that person;
• Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”), chain letters or any form of lottery or gambling;
• Impose an unreasonable or disproportionately large load on NovoTrax storage or communications infrastructure, or attempts to gain unauthorized access to the Site or Software, other user accounts, computer systems, or networks connected to NovoTrax, through password mining or otherwise;
• Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of NovoTrax or of any it’s associated companies
• Harvest, scrape or collect any information from the Site or Software;
• Seek to solicit information from or about minors; or
• Impersonate any person or entity, including any employee or representative of NovoTrax.
Billing and Invoicing
NovoTrax will bill Customer on behalf of NovoTrax Smart Conferencing based on the Charges set forth on the Shopping Cart Order Form for NovoTrax Storage and Pricing Commitment. Charges based on usage, or overage amounts that exceed the NovoTrax Storage and Pricing Commitment, will be billed in arrears, the month following the month a Charge is incurred. No adjustment will be made, or credit or refund given, for usage that is less than the NovoTrax Storage and Pricing Commitment.
Customer acknowledges and agrees that the NovoTrax Storage and Pricing Commitment is subject to certain Taxes and Fees (including, but not limited to, assessments for universal service) that are not applicable to NovoTrax Storage and Pricing Commitment. Accordingly, NovoTrax shall invoice Customer for Taxes and Fees associated with the Charges.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforce-ability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitration and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and NovoTrax agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NOVOTRAX, CORP AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
NOVOTRAX, CORP AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NOVOTRAX, CORP AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NovoTrax reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and NovoTrax as a result of this agreement or use of the Site. NovoTrax performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NovoTrax right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by NovoTrax with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NovoTrax with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NovoTrax with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
NovoTrax reserves the right, in its sole discretion, to change the Terms under which www.NovoTrax.com, www.NovoTrax.live, www.NovoTraxSmartConferencing.com, www.GetOnTheBusNow.com, www.BlueberryGames.com, www.GetOnTheBusVideoStreaming.com, and www.LightsCameraAction.live is offered. The most current version of the Terms will supersede all previous versions. NovoTrax encourages you to periodically review the Terms to stay informed of our updates.
NovoTrax welcomes your questions or comments regarding the Terms:
1100 NW Loop 410, Suite. 700
San Antonio, Texas 78213
Effective as of July 24, 2020