Terms of Use
Last Updated: December 2, 2024
1. Acceptance of Terms
Welcome to Novy, Inc ("Company," "we," "our," or "us"). By accessing or using our website novy-inc.com (the "Site") or engaging our services, you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use our Site or services.
We reserve the right to modify these Terms at any time. Your continued use of the Site after any changes indicates your acceptance of the new Terms.
2. Use of Website
2.1 Permitted Use
You may use our Site for lawful purposes only. You agree to use the Site in accordance with all applicable laws and regulations.
2.2 Prohibited Activities
You agree not to:
- Use the Site in any way that violates any applicable federal, state, local, or international law or regulation
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site
- Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
- Use the Site in any manner that could disable, overburden, damage, or impair the Site
- Use any robot, spider, or other automatic device to access the Site for any purpose
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
- Attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site
- Use the Site to transmit any advertising or promotional material without our prior written consent
3. Intellectual Property Rights
3.1 Our Content
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Novy, Inc, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
3.2 Limited License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal or internal business purposes. This license does not include any right to:
- Modify or copy the materials
- Use the materials for any commercial purpose or for any public display
- Remove any copyright or other proprietary notations from the materials
- Transfer the materials to another person or "mirror" the materials on any other server
3.3 Trademarks
The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Novy, Inc or its affiliates or licensors. You must not use such marks without our prior written permission.
4. User Conduct
You are responsible for your use of the Site and for any content you provide, including compliance with applicable laws, rules, and regulations. You should only provide content that you are comfortable sharing with others.
5. Third-Party Links and Content
The Site may contain links to third-party websites or services that are not owned or controlled by Novy, Inc. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods, or services available on or through any such websites or services.
6. Disclaimer of Warranties
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY NOVY, INC ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
NOVY, INC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NOVY, INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. Limitation of Liability
IN NO EVENT SHALL NOVY, INC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8. Indemnification
You agree to defend, indemnify, and hold harmless Novy, Inc, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.
9. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Alabama, United States, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Alabama. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
10. Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Gadsden, Alabama, before one arbitrator. The arbitration shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.
11. Waiver and Severability
11.1 Waiver
No waiver by Novy, Inc of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Novy, Inc to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
11.2 Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
12. Entire Agreement
These Terms, our Privacy Policy, and our Cookie Policy constitute the sole and entire agreement between you and Novy, Inc regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
13. Services Terms
These Terms govern your use of our website. Separate terms and conditions will apply to any services you engage from Novy, Inc, which will be provided to you at the time of service engagement.
14. Changes to Terms
We reserve the right to make changes to these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last Updated" date. You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page.
15. Contact Information
If you have any questions about these Terms, please contact us:
Novy, Inc
3693 LOVVORN ST
Gadsden, AL 35903
United States
Email: contact@novy-inc.com
Phone: +1 (503) 507-4944
16. Acknowledgment
BY USING THE SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.