NUVAsuite Terms of Use
Last Updated: 01/01/2024
NUVAsuite
is a e-commerce website available at https://nuvasuite.com (the “Website.”)
NUVAsuite and its affiliates (referred to through these terms as “we”, “us” or
“our”) provide access to the Website to you subject to these terms and
conditions (the “Terms of Use”). By using the Website, you agree to these Terms
of Use. If you do not wish to agree to these terms, please refrain from using
the Website. These Terms of Use also incorporates our Privacy Policy as if set
forth at length herein. The Privacy Policy is located at
https://support.nuvasuite.com/portal/en/kb/legal-documents
- Changes to Terms of
Use. We reserve the right at all times to
discontinue or modify any of these terms and/or our Privacy Policy as we
deem necessary or desirable. Such changes may include, among other things,
the adding of certain fees or charges. We may, but are not necessarily
obligated to notify you via email of any substantial changes, by sending
you an email to the email address that is registered with your account
and/or by posting notice of the change on the Website. Any changes to
these Terms of Use will be effective upon the earlier of our dispatch of
an email notice to you or our posting of notice of the changes on our
Website. We suggest you, therefore, reread this section of our Website
from time to time to stay informed of any such changes. Use of the Website
by you after such notice shall be deemed to constitute acceptance by you
of such modifications.
- Conditions to Use
the Website. Your permission to use the Website is
conditioned upon your agreement that you:
- will comply with these Terms of Use;
- are at least 18 years old, or the age of
majority in the jurisdiction where you reside;
- refrain from any of the acts listed in the
Prohibited Conduct section of these Terms of Use;
- will not copy or distribute any part of
the Website in any manner without our prior written consent;
- will provide accurate information when
creating your account or registering for the website;
- will not use the Website for any
commercial purposes other than the specific commercial activities
contained on the Website and will not use it to obtain data or personal
information about any other users or to solicit other users or
advertisers;
- are solely responsible for any content
provided by you on the Website, including but not limited to any
discussion posts, profile information, links and pictures including the
ownership of any licenses or rights necessary to use the work of others
and will not submit any copyrighted materials or work subject to other’s
proprietary rights;
- grant the Website and other users a
non-exclusive license to read your materials and to use, reproduce,
distribute, prepare derivative works of and/or display any materials
provided by you;
- agree we have the right to remove any
and/or all of your content and terminate your account with or without
prior notice.
- Your
Account/Profile. To access certain parts of the Website, we
may require you to create an account and/or profile. All such information
provided by you shall be accurate and you agree to keep said information
up to date. Anyone whose privilege to use the Website was previously
terminated by us may not register for another profile or account, nor use
another’s profile or account to use the Website or create an account on
your behalf. Sharing your User ID is prohibited, and therefore we assume
that access to the Website through your User ID is, in fact, you. You are
solely responsible for any and all access to the Website by persons using
your User ID. If you believe your User ID is being used without
authorization, notify us immediately by one of the methods listed in the
Contact section of these Terms of Use.
- Your Content. We reserve the right to authorize the publishing of various
content provided by you (hereinafter “User Generated Content or UGC”). UGC
may include music, videos, pictures, comments, posts, files, or anything
else provided by you. We are not obligated in any way to remove any UGC
that may violate one or more of the restrictions listed in this section.
We may, but are not obligated to, remove any UGC in violations of these
terms, terminate user accounts or take other actions. We are not
responsible for any harm to you caused by UGC. You agree not to post or
use any UGC in any way that:
- infringes the copyright, trademark, trade
secret, or other intellectual property or proprietary rights of others;
- violates the privacy, publicity, or other
rights of third parties;
- is unlawful, false, inaccurate,
defamatory, discriminatory, libelous, pornographic, obscene, abusive,
threatening, harassing, hateful, or encourages conduct that would be
considered a criminal offense, give rise to civil liability, violate any
law, or is otherwise inappropriate, as determined by us in our sole
discretion; or
- could damage our company, parent company,
sister companies, affiliates, advertisers, or other parties.
- Prohibited Conduct. By using the Website, you agree not to:
- conduct or promote illegal activities;
- attempt to reverse engineer or otherwise
attempt to derive the source code of the software (including tools,
methods, processes, and infrastructure);
- engage in the automated use of the system,
such as the use of data mining robots, or any manual process to harvest
information from the Website;
- attempt to gain access to secured portions
of the Website;
- hack into the accounts/profiles of other
Users;
- infringe upon the copyright of us or third
parties whose content is hosted on the Website;
- harass other Users of the Website;
- violate the rights of other Users of the
Website;
- post materials that we deem to be
inappropriate or offensive;
- sell or otherwise transfer your
account/profile without our express permission;
- use the Website to generate unsolicited
email advertisements or spam;
- use our services as part of any effort to
compete with us;
- interfere in any way with the proper
functioning of the Website;
- Links to Other
Sites. We may have links to third-party websites
that are not owned, controlled or operated by us. We do not assume any
responsibility for the content, privacy policies, or practices of any
other websites or their owners. We are not endorsing or recommending any
other websites, products or services by the simple inclusion of a link to
another website. If you choose to access a third-party link it is at your
own risk.
- Liability for Acts
of Advertisers. You waive and release us, our officers,
directors, representatives, employees and agents and all of our parent
companies, affiliates, related companies and their officers, directors,
representatives, employees and agents from, any claims, liabilities, damages,
or injury arising from or related to any act or omission of any of the
advertisers and/or any goods and/or services provided in connection
therewith. Likewise, we make no representations, endorsements, warranties
regarding the merchantability, suitability, reputation, professionalism or
any other warranties of any kind whatsoever regarding any advertise on the
Website.
- Promotions,
Sweepstakes and other Contests. We
reserve the right to, on occasion, offer special promotions, contests
and/or sweepstakes intended to provide you an incentive to use or promote
the Website or engage with advertisers or others associated with the
Website. The applicable rules will be posted on the Website in or near the
description of each such promotion. We reserve the right to interpret the
rules related to any such promotion, contest or sweepstakes in our sole
discretion, and you hereby agree to our interpretation.
- Products or
Services. The following terms in these Terms of Use
are applicable to those who make a purchase of goods and services through
the Website.
- Product
Descriptions. We make great effort to put accurate
product information, descriptions and images on the Website, but will not
be held responsible for any mistakes or omissions to any information made
available. The description of products are subject to change at any time
without notice, at our sole discretion.
- Prices. Prices for our goods and services are subject to change without
notice. Prices on the website do not include delivery charges. Any
delivery charges are clearly listed before checkout. We shall not be
liable to you or any third party for any price change.
- Modifications. Prices for our goods and services are subject to change without
notice. We reserve the right at any time to modify or discontinue any
goods and services (or any part or content thereof) without notice at any
time. We shall not be liable to you or any third party for any
modification, suspension or discontinuance of any of our goods and
services.
- Tax. If required by law, tax will be collected from a user at the time
of purchase.
- Payment for
Services. Full payment for services are made upon
placing an order.
- Method of Payment. We accept the following methods of payment: Credit Card
- Unavailable
Products. If, after purchasing and completing
payment for a product, that product is unavailable, you will be refunded
the purchase price, including any amount paid for delivery, within 30 days.
- Discretion. We reserve the right but are not obligated, to limit the sales of
our goods and services to any person, geographic region or jurisdiction.
We may exercise this right on a case-by-case basis. We reserve the right
to discontinue any product at any time. Any offer for any goods and
services made on this site is void where prohibited.
- Delivery. Delivery dates are estimates, and time is not of the essence for
the delivery dates. All shipments will be made Ex Works from our shipping
location unless otherwise specified. Delivery to a carrier constitutes
delivery to you. A product purchased under these Terms of Use shall be
deemed accepted by you and title will transfer to you upon shipment. It is
your responsibility to seek compensation from the carrier for damaged or
missing products. We are not responsible for any claims or damages
resulting from a delay in delivery or failure to perform which results
from force majeure.We do not ship internationally..
- Subscription. If you signed up for one or more subscription services through the
Website, these additional terms apply.
- Term. Your license to the services is valid during the period your
subscription remains in good standing and there are no outstanding
subscription payments (hereinafter “Subscription Term”). To keep your
Subscription Term valid and in force, you must pay all charges to your
account relating to your subscriptions, including applicable taxes and
fees..Unless otherwise provided, your Subscription Term is on an
automatic renewal and you will be required to pay, through the payment
method provided by you, for the next applicable Subscription Term at the
beginning of the Subscription Term period. These charges are applied
regardless of whether you continue to use the Services during the
Subscription Term. YOU ARE RESPONSIBLE FOR SUBSCRIPTION FEES UNTIL YOU
CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.
- Discontinuance. We may discontinue offering subscriptions and will cease charging
you accordingly. We may also terminate your Subscription in our sole
discretion subject to your right to a pro-rated refund of fees.
- Increase of
Prices. We may increase subscription fees and/or
terms with 30 days’ notice to you. You may terminate your services before
the increase in fees or renewal terms is put into effect. If you do not
cancel, you will be charged the new rate at the time of the renewal of
your Subscription Term the increased amount and/or your renewed
Subscription Term will be the new applicable length.
- Failed Payment for
Renewal. If your payment on file is not approved
on the date of the renewal of the Subscription Term, you will be allowed
a period of at least three business days to provide updated payment
information. If no updated information is provided after the three business-day
period, we may suspend your service and terminate the Subscription. If we
make a charge to your credit card and it is declined, we may, but are not
obligated to make up to five more attempts to bill the card over a
thirty-day period. We also reserve the right to charge your card smaller
amounts in more than one transaction not to exceed the amount of the due
Subscription Term payment. If you or we (through our payment service
providers) update your payment method to remedy a change in validity or
expiration date, we will automatically resume billing you for your
subscription to the Services. We reserve the right not to reactive an
account or subscription until all past due amounts are paid.
- Cancellation. Cancellation of your free subscription is to be done according to
the following: You may cancel at any time before your renewal date. After
termination, you may not have access to your account, or the services
related to your subscription.
- Refund Policy. We want you to be satisfied with our goods and services. If you
feel there was a problem with the goods and services you received, please
refer to our Refund Policy posted here: https://support.nuvasuite.com/portal/en/kb/legal-documents.
- General
Maintenance. We may make the website unavailable for
periods of time for general maintenance. The length of such unavailability
will be kept to a minimum, but we offer no guaranty as to a length of time
the website may be unavailable. We are not liable for any issue that may
arise from such unavailability.
- Termination. We reserve the right to alter or discontinue the Website or any of
the services provided herein at any time without prior notice. We also
reserve the right to terminate these Terms of Use at our election and for
any reason, without prior notice. The agreement between us and you will
automatically terminate if, in our sole discretion, you violate any of
These Terms of Use set forth below. A termination will result in the
immediate cessation of access to the Website. The Disclaimers of Warranty
and Limitation of Liability, all terms and conditions related to your
content,.and
Indemnity sections shall survive the termination of the agreement between
you and us.
- Disclaimers of
Warranty. We provide the Website and the related
goods and services "as is", “where is”, and "as
available." We make no express and/or implied warranties or
guarantees about the Website, the goods and services described thereon or
the Advertisers. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR
OFFICERS, DIRECTORS, AGENTS, VENDORS, AND THE MERCHANTS WHO ADVERTISE WITH
US DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES THAT THE WEBSITE AND
SERIVCES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY OR FIT
FOR A PARTICULAR PURPOSE OR NEED. WE IN NO WAY GUARANTEE THAT WE WILL MEET
YOUR REQUIREMENTS, IS ERROR-FREE, ACCURATE, RELIABLE, WITHOUT INTERRUPTION
OR AVAILABLE AT ALL TIMES. WE MAKE NO GUARANTEE THAT YOU WILL BE ABLE TO
ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE
DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (A) ANY
ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY,
INCOMPLETENESS OR TIMELINESS OF THE SERVICES; (C) THE TRANSMISSION OF VIRUSES
OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE
TRANSMISSION, USE OR INABILITY TO USE THE SERVICES, INCLUDING THE
UNAVAILABILITY OF THE SERVICES, OR CIRCUMSTANCES OVER WHICH THE
ORGANIZATION HAS NO CONTROL.
- Limitations of
Liability. WE, OUR AFFILIATES, OFFICERS, DIRECTORS,
AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL NOT BE LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE
IN ANY WAY. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST
DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
DAMAGE TO ANY OTHER EQUIPMENT, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES,
EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION,
OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS,
AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL BE LIMITED TO THE
EXTENT PERMITTED BY LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE
ABOVE DISPUTES OR CLAIMS WITH US IS TO CEASE USE OF THE WEBSITE. NOTHING
IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY
IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. THE
FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
- In connection with the foregoing release,
you hereby waive California Civil Code Section 1542 (and any similar
provision in any other jurisdiction) which states: “A general release
does not extend to claims which the creditor does not know or suspect to exist
in his favor at the time of executing the release, which, if known by him
must have materially affected his settlement with the debtor.”
- Indemnity. You agree to defend, indemnify and hold harmless us, our officers,
directors, representatives, employees and agents and all of our parent
companies, affiliates, related companies and their officers, directors,
representatives, employees and agents from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to reasonable attorney's fees) arising from:
(i) your violation of any term of these Terms of Use; (ii) your violation
of any third party right, including without limitation any copyright,
property, privacy right, or any and all intangible or intellectual
property rights; or (iii) any claim that any of your UGC causes damage to
a third party.
- Intellectual
Property.
- We, or people from whom we obtained a
license, retain ownership of all intellectual property rights of any kind
associated with the Website, including all applicable trademarks,
copyrights and other proprietary rights such as trade secrets. Through
the use of this Website pursuant to these Terms of Use, you have a
limited right to use the Website, but in no way are we granting any
license to you under any of those intellectual property rights. We
reserve all rights that are not expressly granted to you in these Terms
of Use. You may print limited numbers of one or more pages from the
Website for your personal use.
- We retain, to the maximum extent possible,
all ownership, without limitation, of all the text, software, scripts,
graphics, photos, sounds, interactive features and the trademarks,
service marks and logos contained therein ("Marks") unless they
are marks used by Merchants who have provided them to us for use on this
Website. The Marks are owned or licensed to us, subject to copyright and
other intellectual property rights under the law of the United States of
America, the law of the jurisdiction where you reside, and international
conventions. All content on the Website provided by us is provided to you
“AS IS” for your information and personal use only and may not be used,
copied, reproduced, modified, distributed, transmitted, broadcast,
displayed, sold, licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of the respective owners. We
reserve all rights not expressly granted in and to the Website.
- You retain any intellectual property
rights in any copyrighted materials and trademarks that are contained in
UGC that you post to the Website. You grant us an irrevocable, perpetual,
non-exclusive, royalty-free, fully paid, worldwide license, with rights
to sublicense through multiple levels of sublicensees, to reproduce, make
derivative works of, translate, distribute, publicly perform and publicly
display in any form or medium, whether now known or later developed,
make, use, sell, import, offer for sale, otherwise commercially exploit
and exercise any and all such rights, under any and all of your
intellectual property rights related to the UGC in any manner we choose..
- Copyright Notice. If you believe we have infringed on your copyrights, please submit
a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C.
§ 512(c)(3)) in writing to.us by the method listed in the Contact section below.with the Subject: “copyright notice.” Your
notice needs to include: (1) A physical or electronic signature of a
person authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed; (2) Identification of the copyrighted work claimed
to have been infringed, or, if multiple copyrighted works at a single
online site are covered by a single notification, a representative list of
such works at that site; (3) Identification of the material that is
claimed to be infringing or to be the subject of infringing activity and
that is to be removed or access to which is to be disabled and information
reasonably sufficient to permit the service provider to locate the
material; (4) Information reasonably sufficient to permit the service
provider to contact you, such as an address, telephone number, and, if
available, an electronic mail; (5) A statement that you have a good faith
belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and (6) A
statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed..
- Entire Agreement. These Terms of Use, including the Privacy Policy, constitutes the
entire agreement of the parties with respect to the subject matter hereof.
No waiver by either party of any breach or default hereunder is a waiver
of any preceding or subsequent breach or default.
- Choice of Law. To the maximum extent authorized by law, the laws of the State of
Delaware govern the interpretation of these Terms of Use and any disputes
arising in connection with it, regardless of conflict of laws principles.
- Dispute Resolution. Any claim or dispute between you and us, our officers, directors,
agents, parent companies and vendors that arises out of or relates to this
Agreement or use of the Website shall be decided exclusively by binding
arbitration. Arbitration shall be initiated in Delaware or shall be done
entirely remote. Arbitration shall be subject to the Federal Arbitration
Act and not any state arbitration law. Unless otherwise agreed upon by the
parties in writing, the arbitration will be conducted before one arbitrator
and will be governed by the American Arbitration Association’s (“AAA”)
Commercial Arbitration Rules and, if the arbitrator deems them applicable,
the Supplementary Procedures for Consumer Related Disputes (collectively,
the “Rules and Procedures”). To the fullest extent permitted by applicable
law, you and we must abide by the following rules: (1) ANY CLAIMS BROUGHT
BY YOU OR US MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT
AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S
CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR
CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) the arbitration
shall be confidential, and neither you nor we may disclose the existence,
content or results of any arbitration, except as may be required by law or
for purposes of enforcement of the arbitration award; and (4) the
arbitrator may award any individual relief or individual remedies that are
permitted by applicable law..The prevailing party shall paid its fees
and litigation expenses..
- Headings. The section headings used herein are for convenience only and
shall be of no legal force or effect.
- Severability. If any provision of these Terms of Use is held invalid by a court
of competent jurisdiction, such invalidity shall not affect the
enforceability of any other provisions contained in these Terms of Use,
and the remaining portions of these Terms of Use shall continue in full
force and effect.
- Third Party
Beneficiaries. There are no third-party beneficiaries of
these Terms of Use. You may not assign these Terms of Use or your rights
and obligations hereunder, in whole or in part, to any third party without
our prior written consent, and any attempt by you to do so will be
invalid. No one shall be deemed a third-party beneficiary to these Terms
of Use.
- Contact. NUVAsuite is located at 14 North Pennsylvania Ave, Suite 145,
Bethany Beach, Delaware.19930. If you have questions about these Terms of Use, you may
contact NUVAsuite by: