novoGI WEBSITE TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use were last updated on August 12, 2012.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. ALL UNITED STATES USERS OF THIS SITE AGREE THAT ACCESS TO AND USE OF THIS SITE ARE SUBJECT TO THESE TERMS AND CONDITIONS AND OTHER APPLICABLE LAW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE.
novoGI Inc. (the “Company”) provides this website (the “website” or “site”) for its customers and other permitted users. We’ve worked hard to give you the essential information here and elsewhere on our site to get you comfortable with our site and to make it useful to you. These Terms and Conditions of Use (the “Terms and Conditions”) help enable us to provide you with the products and services, information, other content and features available through our site.
1. Scope of Access to Website and Related Rights: Subject to these Terms and Conditions, the Company grants you a limited, revocable right to access and use the site solely for your own use. You agree not to modify, adapt, translate, or reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code of this website. Further, you may not reproduce all or any portion of the site. This website and its contents are the intellectual property of and are owned by the Company. The Company reserves the right to suspend or terminate use of this website or its services by you or other users in its sole discretion.
2. User Account: If this website is enabled now or in the future to allow you to order from this site or for other functionality requiring a user account, you may be required to establish a user account, which will be accessible upon input of an authorized e-mail address, a designated password, and other required information that is requested from you at either log in or initial user account registration. For any user accounts, you are responsible for maintaining the security of any user passwords and other account details issued to you for use with the site, and you are also responsible for the integrity and security of the operating environment from which you access the site.
3. Termination of Website Use: The Company may terminate your access to this website at any time. In addition, your access rights to use this website may also be terminated if you fail to comply with these Terms and Conditions. You agree that the Company will not be liable to you or any third party for any termination of your use of this website as a result of your failure to comply with these Terms and Conditions. If your use of our site is terminated for any reason, the provisions of the following Sections shall survive any such termination: Sections 5, 6, 8, 9, 11, 13 and 14.
4. Inappropriate User Conduct on Site; Disclaimers Concerning User Posted Content: We may offer chat rooms, blogs, message boards, bulletin boards, or similar public forums on this website where you and other users of our website can communicate. Harassment in any manner or form on the website, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Company employee, host, or representative, as well as other members or visitors on the website is prohibited. You may not upload to, distribute, or otherwise publish through the website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
We do not assume any responsibility for materials posted to or created by users accessing the Website, and we are not in any manner responsible for the content of such user communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the website, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any user-posted contents or activities on the website. However, the Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to the Company, in its sole discretion.
You are solely responsible for any content posted by you on this website and the consequences of such posting or publishing of them. With respect to any content that you post on public forums on this site or other areas of this site that are generally made available to users, you grant to us a worldwide, royalty-free, perpetual right and license to use such content for our business purposes. In connection with each of your content submissions, you represent and warrant that: (i) you own or have the necessary licenses, rights and consents to use such submissions to enable inclusion and use of such submissions in the manner contemplated by this website and these Terms and Conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual in such submissions to use the name or likeness of each and every such identifiable individual to enable inclusion and use of such submissions in the manner contemplated by this website and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant us all of the rights granted herein; (b) publish falsehoods or misrepresentations that could damage us or any third party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (d) post advertisements or solicitations of business. We reserve the right to remove, edit or not publish any content submitted by any users of this website without prior notice.
It is our policy (i) to block access to or remove postings or other content that it believes in good faith infringes the copyrights of third parties, and (ii) to remove and discontinue service to repeat infringers. If you believe that content posted on this website infringes your copyright, please send a notice of claimed copyright infringement, please contact us as set forth in Section 13 below to provide us further details so that we address such matter.
5. Additional Disclaimers About the Website, Its Contents and Warranties: THE INFORMATION MADE AVAILABLE ON OR THROUGH THIS SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. THE COMPANY IS NOT ENGAGED IN THE PRACTICE OF MEDICINE OR DOES NOT PROVIDE MEDICAL SERVICES OR ADVICE. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER PRIOR TO STARTING ANY NEW TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
ALTHOUGH THE COMPANY STRIVES AT ALL TIMES TO MAINTAIN THE ACCURACY OF INFORMATION MAINTAINED ON THIS SITE, OCCASIONALLY INFORMATION ERRORS MAY OCCUR ON THIS SITE. THIS SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THIS SITE OR THE USE THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE INFORMATION ACCESSIBLE THROUGH THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT CERTAIN LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitations of Liability: THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOST PROFITS, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE COMPANY’S PRODUCTS, SERVICES OR THIS SITE, THE PERFORMANCE OR USE OF THIS WEBSITE, OR ANY INFORMATION MADE AVAILABLE THROUGH THIS SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATIONS OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Copyright: Other than as to user generated content, the entire contents included in this site, including but not limited to text, graphics or code is copyrighted under the United States and other copyright laws, and is the property of the Company (or its licensors), with ALL RIGHTS RESERVED. You agree not to change or delete any proprietary notices from materials downloaded or accessed from this site.
9. Trademarks: All trademarks, service marks and trade names and logos of the Company used in this site are trademarks or registered trademarks of the Company. Other marks used on this site that have been posted by the Company are the property of their respective owners and are used on this website under permission.
10. Applicability of Terms and Changes: These Terms and Conditions are applicable to you upon your accessing the site and/or completing the registration or ordering process. These Terms and Conditions, or any part of them, may be modified by the Company without notice at any time, for any reason; provided that if we decide to modify these Terms and Conditions, we will note at the top of these Terms and Conditions the date of the last update, which should alert you to changes in these Terms and Conditions since your prior visit to this website.
11. Indemnification: You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of these Terms and Conditions, (ii) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your user account, (iii) any content or other materials provided or posted by you, or (iv) the violation by you of the rights (including intellectual property rights) of any third party resulting from your use of the site.
12. Third-Party Links: In an attempt to provide increased value to our customers and other site visitors, the Company may provide links to sites operated by third parties. However, even if the third party is affiliated with the Company, the Company has no control over these linked sites, all of which have separate terms and privacy practices, independent of the Company. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, the Company seeks to protect the integrity of its web site and the links placed upon it and therefore welcomes any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
13. Notice and Address: The Company may deliver notices to you concerning your activities on this site by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to the Company.
The Company’s mailing address is as follows:
780 Johnson Ferry Rd, Suite 470
PO Box 420915
Atlanta, GA 30342
14. Miscellaneous: Your use of this site shall be governed in all respects by the laws of the State of Georgia, U.S.A., without regard to such state’s choice of law provisions, and not by the U.N. Convention on Contracts for the International Sale of Goods. Any cause of action or claim you may have with respect to the site must be commenced within one (1) year after the claim or cause of action arises. The Company's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. The Company may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.
* * * * * *