NOVABOOK™ Terms and Conditions
Acceptance of Terms
Use and Restrictions
Copyright
Your Account
Terms of Sale
Indemnification
Links to Third Party Websites
Warranties and Disclaimer
Limitation of Liability
Copyright and Trademark Infringements
Governing Law
Miscellaneous
Acceptance of Terms
PLEASE READ THESE TERMS OF USE AND I LOVE TYLER MADISON™’S PRIVACY POLICY CAREFULLY. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, AND YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY, YOU MUST EXIT THE SITE IMMEDIATELY AND DISCONTINUE ANY USE OF THE SITE AND ANY OF THEIR CONTENT. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. SWING CONTROL™ CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE SITE OR BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THE SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with NOVABOOK™ or its affiliates for other products or services.
Top of page
Use and Restrictions
The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Site under applicable laws.
The Site is provided solely as a convenience to you for non-commercial use. You may access and use the Site only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that NOVABOOK™, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Site. You further agree that you will not: (a) resell for commercial purposes products purchased through use of the Site; (b) resell or make commercial use of the Site or Content therein; (c) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; (d) collect or use any product listings or descriptions; (e) use any data mining, robots, or similar data gathering and extraction methods from the Site; (f) other than for your use of the Site as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Site are hosted or modify or alter the Site in any way; (g) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Site; (h) use, frame or utilize framing techniques to enclose any NOVABOOK™trademark, logo or other proprietary information (including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page) without NOVABOOK™ ’s express written consent; or (i) use any meta tags or any other “hidden text” utilizing and NOVABOOK™ name, trademark, or product name without NOVABOOK™’s express written consent.
Any unauthorized use of the Site will terminate the permission or license granted by these Terms of Use, will result in you being barred from use of the Site, and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
Top of page
Copyright
The Content and the Site, as well as the selection and arrangement thereof, are the sole property of NOVABOOK™ and/or its licensors and are protected by patent, copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms of Use or with I LOVE TYLER MADISON™’s express written consent. Other than as necessary for your use of the Site in accordance with these Terms of Use, NOVABOOK™ grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark and other proprietary notices on the Content. Any Content owned by NOVABOOK™ ‘s licensors may be subject to additional restrictions. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without I LOVE TYLER MADISON™ ’s express prior written consent.
Top of page
Trademark
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to NOVABOOK™ or such Marks’ respective owners. You may not display or reproduce the Marks other than with the prior written consent of NOVABOOK™, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.
In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of NOVABOOK™ or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of NOVABOOK™.
The NOVABOOK™ LOGO Design, trademarks are registered at the Canadian Intellectual Property Office, U.S. Patent and Trademark Office, and in various other jurisdictions around the world.
Top of page
Your Account
In order to purchase products or services through the use of the Site, you must establish an account with NOVABOOK™ You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Site that occur under your account or your account password.
You acknowledge and agree that NOVABOOK™ may access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the Site, and all information relating to the use of the Site under your account or account password if NOVABOOK™ is required to do so by law or legal process or if NOVABOOK™ determines, in its sole discretion, that such action is necessary to protect the rights of I LOVE TYLER MADISON™, third parties, and other users of the Site or for purposes of responding to your request for customer service. NOVABOOK™ ’s right to disclose any such information shall govern over any terms of our Privacy Policy.
Top of page
Terms of Sale
All product sales from the Site are governed by any terms of sale that may be posted on the Site. You should refer to our terms of sale to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in NOVABOOK™ ’s sole discretion so you should review the terms of sale each time you make a purchase. Additional information may be found in the Customer Service section of the Site.
Top of page
Electronic Communications
You consent to receive electronic communications from NOVABOOK™ either in the form of email sent to you at the email address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.
Top of page
Modifications
Any Content offered or posted on the Site is subject to modification or discontinuation at any time and from time to time without notice or obligation to you.
Top of page
Indemnification
You agree to defend, indemnify and hold harmless NOVABOOK™ against any losses, liabilities, claims, expenses (including attorney’s fees) arising out of your account and your use of the Site.
Top of page
Links to Third Party Websites
The Site may contain links to websites, social media outlets and other resources operated by third parties other than I LOVE TYLER MADISON™. Such links are provided solely as a convenience to you. I LOVE TYLER MADISON™ does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without I LOVE TYLER MADISON™’s express prior written consent.
Top of page
Warranties and Disclaimer
THE SITE AND ANY CONTENT PROVIDED VIA THE SITE, INCLUDING LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. PARTICULAR PRODUCTS OR INVENTORY MAY NOT BE AVAILABLE AT ALL TIMES. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO NOVABOOK™ THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.
IN ADDITION, THE SITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. NOVABOOK™ THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, SWING CONTROL™ RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. WE APOLOGIZE FOR ANY INCONVENIENCE.
IN ADDITION, IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, I LOVE TYLER MADISON™ MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, NOVABOOK™ WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE. AGAIN, WE APOLOGIZE FOR ANY INCONVENIENCE.
Top of page
Limitation of Liability
NOVABOOK™ AND ITS PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Certain laws do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
Top of page
Copyright and Trademark Infringements
Notification:
NOVABOOK™ respects the intellectual property rights of others, and we ask you to do the same. NOVABOOK™ may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site for users who infringe the intellectual property rights of others. Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Top of page
Governing Law
All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Site and/or the Content must and will be venued exclusively in Montreal, Quebec, Canada. The federal laws of Canada, will govern these Terms of Use and the relationship between you and NOVABOOK™. The International Sale of Goods Act of British Columbia and the United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms of Use or to the transactions contemplated by these Terms of Use.
Top of page
Miscellaneous
If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only. The official language of these Terms of Use exclusively shall be, and all communications and agreements between NOVABOOK™ and you and any proceedings in connection with these Terms of Use and/or your use of the Site, exclusively shall be made in, the English language. NOVABOOK™ and you waive any rights we may have under any other law to have these Terms of Use written in another language, and any translation of this Terms of Use will be for convenience only. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NOVABOOK™ as a result of these Terms of Use, our Privacy Policy or any use of the Site. NOVABOOK™’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of NOVABOOK™ ‘s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by NOVABOOK™with respect to such use. These Terms of Use and our Privacy Policy constitute the entire agreement between you and NOVABOOK™ with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and NOVABOOK™with respect to the Site.
Top of page
