Terms of Use
Welcome to Ovonic.com, a website provided by Energy Conversion Devices, Inc. These Terms of Use ("Terms") are the conditions of the use of this website and any other website (the "Sites") provided by Energy Conversion Devices, Inc. or its corporate subsidiaries or corporate affiliates (collectively, "ECD," "we," or "us"). This document is a legal contract, and by using this website you agree to its terms.
Our Privacy Policy describes our practices concerning the information that you provide or that we may collect about you on the Sites and is incorporated by reference into these Terms.
Changes
We reserve the right to modify or amend these Terms at any time, and such modification will be effective upon posting (as noted by the effective date identified in these Terms). You agree to be bound by any changes to these Terms upon posting any such modification. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
Intellectual Property; License
The content, information, data, designs, code, and materials associated and provided in connection with the Sites ("Website Information") are protected by intellectual property and other laws. You must comply with all applicable copyright, trademark, and legal notices or restrictions.
Subject to these Terms, you may access and use the Sites and the Website Information only for your own personal, non-commercial use. You may not transfer or sublicense this limited license without our prior written consent. We reserve all other rights to the Sites, and you may not copy, reproduce, distribute, publish, display, or create derivative works of the Sites or the Website Information without our prior written permission. You may not republish any photographs or public images contained in the Sites, notwithstanding any legal right you may have to do so, without our prior written permission. If you seek to use Website Information for commercial purposes, you must obtain our prior written permission by contacting us at investor.relations@ovonic.com.
You may not use the Sites or the Website Information in any manner that is not expressly authorized by these Terms or otherwise by ECD in writing. Without limitation, in connection with your use of the Sites, you may not:
- access the Sites or Website Information using any interface other than the interface that we provide or attempt to "scrape" or "harvest" Website Information, except if you use a "robot" program in connection with a bona fide Internet search engine and we do not instruct you not to access the Sites using that program;
- frame the Site, display any Website Information in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between us and any other party;
- take any step that could adversely impact the operation of the Sites or ECD or any third party;
- collect or attempt to collect information through the Sites that we have not intentionally made available to you or take any step that could defeat access controls that we have implemented; or
- provide us with false or misleading information about yourself.
User Submissions
If you submit information to ECD (your "Submissions"), you agree that ECD may use your Submissions in any way and form ECD chooses, and you grant to ECD a perpetual, worldwide, royalty-free, sublicenseable license to distribute, edit, display, archive, publish, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those Submissions. You further authorize ECD to use your name, likeness, and/or Submissions (or derivative works thereof) in any context, including for commercial or promotional purposes, without any further compensation to you. Your Submissions are non-confidential and non-proprietary.
Linked Sites and Third-Party Content
We may provide third-party content or link to third-party websites on the Sites. We do not necessarily endorse or review such third-party content and websites, and we do not assume any responsibility for third-party actions or omissions. Your relationship with the third-party provider of any linked website is governed by the terms of use and privacy policies, if any, posted on that site, not by our terms of use and privacy policy.
Access to the Sites
We may, in our sole discretion at any time and for any reason without giving you prior notice:
- restrict or terminate your access to the Sites,
- change or discontinue the Sites, or
- deactivate any user accounts and delete all related information in such accounts.
Disclaimers and Limitations on Liability
ECD makes no representation or warranty, express or implied, about the Sites, the Website Information, any third-party services to which the Sites provide hyperlinks, or any other items accessed either directly or indirectly from the Sites. Without limitation, ECD does not warrant that the Sites or Website Information will function as described, will be error-free, will be free of viruses or other harmful components, or will be available on an uninterrupted basis. you access the sites at your own risk.
ECD expressly disclaims all implied warranties to the maximum extent permitted by law, including without limitation warranties of noninfringement, merchantability, and fitness for a particular purpose. You agree that, except in the case of ECD's willful misconduct, ECD shall not be liable for any direct, indirect, special, consequential, or other losses or damages of whatsoever kind arising out of or in connection with access to or use of the Sites or any Website Information or any websites to which the Sites link, even if such damages are foreseeable or ECD has been advised of the possibility of such damages, whether such damages are caused by ECD negligence, gross negligence, or otherwise. ECD'S LIABILITY IN CONNECTION WITH ANY CLAIM NOT BARRED BY THIS PROVISION SHALL BE LIMITED TO THE amounts that you paid to ECD, if any, during the six months preceding your claim.
Statements contained on the Sites or in documents referred to, particularly those regarding the possible or assumed future performance or growth of ECD, industry growth or other trend projections and any estimated company earnings are or may be forward looking statements and as such involve risks and uncertainties. Actual results and developments may differ materially from those expressed or implied by these statements depending upon a variety of factors.
No information contained on the Sites constitutes or would be deemed to constitute an invitation to invest or otherwise deal in the shares of ECD.
Governing Law, Venue, and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of Michigan, without regard to conflict of law rules. You agree that any disputes or claims relating to these Terms or to the Sites or Website Information shall be brought exclusively in the state courts in Oakland County, Michigan or the federal courts serving the Eastern District of Michigan. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
Severability; Integration; No Waiver
Photographs and images contained on the ECD website are not to be used without prior permission. These Terms, including the Privacy Policy and any additional terms, conditions, and policies on the Sites, constitute the entire agreement between you and us with regard to the Sites and Website Information and supersede all prior agreements with respect to the subject matter hereof. If any provision of these Terms is determined to be invalid or unenforceable under applicable law, that provision shall be deemed modified to the minimum extent necessary to render it valid and enforceable, consistent with the original intent of the parties; the remainder of the Terms shall continue to be valid and enforceable.
Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision.
Questions
If you have any questions regarding these Terms, please contact us at: investor.relations@ovonic.com.