These Terms of Use (the "Terms of Use") govern your use of all websites operated by Novonto Agency ("Novonto"), including, without limitation, the Web site currently located novonto.com (collectively, the "Site"), provided for your informational, educational and entertainment purposes. Please read these Terms of Use carefully. These Terms of Use constitute a binding agreement between you and Novonto with respect to your use of the Site. By using the Site, you agree to be bound by these Terms of Use and the Novonto Privacy Policy. If you disagree with any provision of these agreements, you may not use the Site.
1. CHANGES TO TERMS OF USE
Novonto reserves the right to make changes to these Terms of Use at any time in its sole discretion. An updated version of the Terms of Use will be posted on the Website under the "Terms & Agreement" section. By continuing to use the website after such changes, you accept the updated Terms of Use. If you do not agree to the changes made, discontinuing use of the website is your only option.
2. PROPERTY RIGHTS
The content on the Site, including, but not limited to, text, software, scripts, graphics, photographs, sounds, music, videos, interactive features and the like (collectively referred to as "Novonto Content"), as well as Novonto's word and image trademarks, as well as certain other names, logos and materials displayed on the Site that serve as trademarks (collectively, "Trademarks"), are the property of Novonto or are used under license by Novonto. They are subject to copyright, trademark and other forms of intellectual property rights under Dutch and international law.
3. PRIVACY POLICY
You agree to the use of any information Novonto collects about you in accordance with the terms and conditions set forth in the Privacy Policy From Novonto.
4. FRAUD
Novonto has the ability, but not the obligation, to actively report and take legal action against actual and suspected credit card fraud. Novonto may, at its discretion, require additional verification from you, such as telephone confirmation of your order and any other required information. Novonto has the right to cancel any order in case of suspected fraud. During the order process, Novonto collects certain information, including but not limited to time, date, IP address and other data that will be used to track and identify fraudsters. If fraud is suspected, Novonto may, although not required to, transfer any relevant information to law enforcement agencies and credit card companies for fraud investigation, with or without a court order. Novonto also reserves the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
5. LINKS TO OTHER WEBSITES
The Site may contain links to external web sites or resources that are not owned or controlled by Novonto. These links are provided solely as a convenience to you and their presence does not imply endorsement by Novonto of the use of such external sites or their content. Novonto is not responsible for the availability of any external web sites or resources and makes no representations or warranties about the content, information, software, materials or business practices of such external sites, including, without limitation, the products or services advertised or offered by third parties through our services or on any web sites linked to us.
6. DISCLAIMER
You expressly confirm that you use the Site at your own risk. The Site is provided "as is" and "as available". To the maximum extent permitted by law, Novonto disclaims all warranties, whether express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement with respect to the Site. Novonto assumes no responsibility or liability for:
- Interruptions in transmission to or from the Site;
- Bugs, viruses, Trojan horses or the like transmitted or received through the Site by third parties;
- Loss or damage of any kind arising from the use of content posted, emailed, transmitted or otherwise made available on or through the Site.
7. LIMITATION OF LIABILITY
Under no circumstances shall Novonto be liable for indirect, incidental, special, consequential or exemplary damages under any theory of liability, including contract, tort or other legal theory. This includes but is not limited to compensation for loss of profits, revenue, reputation, use, data or other intangible losses, even if Novonto knew or should have known of the possibility of such damages.
8. EXCLUSIONS AND LIMITATIONS.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for indirect or consequential damages. Therefore, some of the above limitations and disclaimers may not apply to you. In the event that Novonto is unable by law to exclude implied warranties or limit its liability, both the scope and duration of such warranties and the extent of Novonto's liability shall be limited to the minimum level permitted by applicable law.
9. FREEDOM
By accepting this Agreement, you agree to indemnify, defend and hold Novonto, its subsidiaries and their respective officers, employees, directors, shareholders, agents, partners, licensors and successors in interest ("Novonto Parties") harmless from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable legal fees and expenses) that may arise out of (a) the information you provide to Novonto, (b) your use of the Website, or (c) your breach of these Terms of Use. Novonto reserves the right, at its own expense, to assume the exclusive defense and control of any matter that would otherwise be your responsibility to defend. You shall then cooperate with Novonto in defending against any such claims.
10. OVERVIEW
Notwithstanding anything previously stated, Novonto shall in no event be responsible for any delay or failure in performance caused in whole or in part by circumstances beyond its reasonable control. This includes, but is not limited to, internet interruptions, computer hardware failures, software failures, telecommunications equipment failures, other technical failures, power outages, strikes, labor disputes, riots, insurrections, civil unrest, shortages of labor or materials fires, floods, earthquakes, storms, explosions, natural disasters, war, government intervention, orders of national or international courts or tribunals, failure of third parties to perform their obligations, or loss of or fluctuations in heating, lighting or air conditioning.
11. TERMINATION
Novonto reserves the right to immediately terminate or suspend your access to the Website, without prior notice or liability, if you fail to comply with any of the terms of these Terms of Use. If your access is terminated, the indemnification obligations described above will continue to apply.
12. ARBITRAGE
You and Novonto agree that any disputes between us shall be resolved by binding and final arbitration, rather than through judicial proceedings. You and Novonto hereby waive the right to a jury trial for any claim. Any controversy, claim, counterclaim or other dispute between you and Novonto relating to the Website or these Terms of Use (each a "Claim") shall be submitted to binding arbitration in accordance with the rules of the Netherlands Arbitration Institute ("NAI Rules"). The arbitration will be conducted and decided by a single arbitrator in the Netherlands. The decision of the arbitrator in such arbitration shall be binding and final on the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will remain confidential and that the existence of the proceedings and any element thereof (including, but not limited to, any petitions, letters, documents or other evidence submitted and any witness statements or other oral submissions and rulings) will not be disclosed outside of the arbitration proceedings, except to the extent required by law in judicial proceedings relating to the arbitration or pursuant to applicable rules and regulations governing disclosure by securities regulatory authorities or other governmental agencies.
You will not act as a representative or as part of a class action in an arbitration proceeding. Claims may not be submitted to arbitration on a class or representative basis. The arbitrator will consider only your individual claims and those of Novonto and may not combine or merge claims with those of other persons or parties in similar situations.
This article limits certain rights, including the right to sue, the right to a jury trial, the right to participate in a class action or representative proceeding, the right to evidence except as described in the NAI Rules, and the right to certain remedies and remedies. Other rights that you or Novonto would have in a court of law may not be available in arbitration.
13. GENERAL PROVISIONS
These Terms of Use shall be governed by and construed in accordance with the laws of The Netherlands, excluding its conflict of law provisions. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, that provision shall be deemed null and void, but shall not affect the validity and enforceability of any remaining provisions. The failure of Novonto to enforce any right or provision in these Terms of Use shall not be deemed a waiver of that right or provision. These Terms of Use, together with Novonto's Privacy Statement and any other policies, rules or guidelines posted on the Website, constitute the complete and exclusive agreement between Novonto and you with respect to the Website.
Effective date: Jan. 1, 2024.