Arbitration Notice

You have the option to opt out of arbitration within 30 days of accepting these terms. Details on the opt-out procedure are provided in the “Arbitration” section below. With the exception of specific dispute types explained in the “Arbitration” section, you agree that any disputes between you and Novagad will be resolved through individual arbitration, waiving your right to a trial by jury or participating in any class action or representative proceedings.

Acceptance of Terms

By utilizing our Service, you affirm your consent to these Terms. If you disagree with these Terms, please refrain from using our Service. If you are representing a company or other legal entity when accessing and using the Service (such as your employer), you confirm that you are authorized to bind that entity to these Terms. In such cases, the terms “you” and “your” pertain to that company or legal entity.

Overview

By visiting our site and/or making purchases, you engage in our “Service” and agree to adhere to the stipulations set forth in the “Terms of Service,” which encompass supplementary terms and conditions available via hyperlink. These Terms of Service are applicable to all site users, including but not limited to browsers, vendors, customers, merchants, and content contributors.

Before accessing or using our website, please carefully read these Terms of Service. If you do not agree to all the conditions outlined in this agreement, you may not access the website or use any of our services. By accessing this website, you acknowledge that your acceptance is expressly limited to these Terms of Service.

Any new features or tools added to our store will also fall under these Terms of Service. The most recent version of these terms can be reviewed on this page. We reserve the right to modify, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to periodically check for any modifications. Continued use of or access to the website following the posting of changes constitutes acceptance of those changes.

1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are of the legal age of majority in your state or province of residence, or that you have the legal capacity to grant consent for any minor dependents to use this site under your supervision.

You are prohibited from using our products for illegal or unauthorized purposes, including violating laws in your jurisdiction, such as copyright laws. Transmitting worms, viruses, or any destructive code is strictly forbidden and will result in an immediate termination of your services.

If you are a seller or merchant on Novagad, you commit to the following obligations:

• You must be at least 18 years old and possess the legal capacity to enter into contracts.
• Setting up your store and product listings, as well as providing accurate and comprehensive information about your products, is your responsibility.
• Comply with all applicable laws and regulations, including those related to consumer protection, privacy, and intellectual property.
• Fulfill customer orders and provide customer support.
• Maintain accurate and up-to-date account information, including contact and payment details.
• Bear responsibility for any taxes or fees associated with your sales.

If you are a customer of Novagad, you commit to the following obligations:

• You must be at least 18 years old and possess the legal capacity to enter into contracts.
• Provide accurate and complete information when placing orders.
• Comply with all applicable laws and regulations, including those related to consumer protection, privacy, and intellectual property.
• Pay for products you order, including any associated taxes or fees.
• Provide accurate and timely feedback to sellers and merchants regarding your experience on the platform.

2 – GENERAL CONDITIONS

We retain the right to deny service to anyone at any time, for any reason.

You acknowledge that while we take appropriate measures to protect your data, the information you transmit (excluding credit card details) may be unencrypted during transmission, and it may be subject to necessary modifications to comply with network or device technical requirements. Credit card information, however, is always encrypted during transmission across networks.

You are prohibited from reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Service, access to the Service, or any contact on the website through which the service is provided, without our express written permission.

The headings in this agreement are included for convenience and will not affect the interpretation of these Terms.

You must use the platform solely for its intended purpose and in compliance with this Agreement. You may not:

• Use the platform for any unlawful or unauthorized purpose.
• Post false or misleading information or engage in fraudulent or deceptive practices.
• Infringe upon the intellectual property or proprietary rights of Brandimi LLC or any third party.
• Disrupt or interfere with the platform, including introducing viruses or other malicious code.
• Attempt to gain unauthorized access to any part of the platform.

This section outlines the fundamental terms and conditions governing your use of Novagad. Please read these terms carefully to ensure you understand the rules and expectations for engaging with our platform.

2.1 – Right to Refuse Service

We reserve the right to refuse service to anyone for any reason and at any time. We may exercise this right at our sole discretion. This ensures that we can maintain a safe and respectful environment for all users.

2.2 – Data Transmission and Encryption

You acknowledge that the content you provide (excluding credit card information) may be transferred unencrypted over various networks. This data may undergo changes to conform and adapt to the technical requirements of connecting networks or devices. Please rest assured that credit card information is always encrypted during transfer over networks for your security.

2.3 – Limited Use of Service

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, or access to the Service, without express written permission from us. This safeguards the integrity of our platform and content.

2.4 – Use of the Platform

The platform is intended for use in accordance with these Terms of Service. You agree not to use the platform for any illegal or unauthorized purpose. It is important that you refrain from:

• Posting false or misleading information.
• Engaging in fraud or deceptive practices.
• Violating any intellectual property or proprietary rights, including those of Brandimi LLC or any third party.
• Interfering with or disrupting the platform, including introducing viruses or other malicious code.
• Attempting to gain unauthorized access to any part of the platform.

2.5 – Changes to the Terms

The terms and conditions of this agreement may change from time to time. We reserve the right to update, amend, or clarify any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for such updates. Your continued use of the website or access to the Service following any changes constitutes your acceptance of those changes.

2.6 – Headings for Convenience

The headings used in this agreement are included for convenience and reference purposes only. They do not limit or otherwise affect the application of these Terms of Service.

2.7 – Prohibited Uses

In addition to the provisions outlined in this section, you are prohibited from using the site or its content for the following purposes:

• Engaging in any unlawful activities.
• Soliciting others to participate in unlawful acts.
• Violating international, federal, provincial, or state regulations, rules, laws, or local ordinances.
• Infringing upon or violating our intellectual property rights or the rights of others.
• Engaging in harassment, abuse, insults, harm, defamation, slander, or discrimination based on various personal attributes.
• Submitting false or misleading information.
• Uploading or transmitting viruses or any other type of malicious code that may affect the functionality or operation of the Service or any related website.
• Collecting or tracking the personal information of others.
• Spamming, phishing, pharming, pretexting, spidering, crawling, or scraping.
• Using the platform for any obscene or immoral purpose.
• Interfering with or circumventing the security features of the Service or any related website.

Please note that we reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses mentioned in this section. We aim to maintain a safe, respectful, and secure environment for all users.

By using our platform, you agree to adhere to these general conditions. If you have any questions or concerns, please do not hesitate to contact us at Contact@novagad.com

3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not liable if the information made available on this site is inaccurate, incomplete, or outdated. The material on this site is provided for general informational purposes and should not be the sole basis for making decisions without consulting more accurate, comprehensive, or timely sources of information. Reliance on the material on this site is at your own risk.

This site may include historical information, which is not current and is intended for reference only. We reserve the right to alter the content of this site at any time, although we are not obligated to update the information on our site. It is your responsibility to monitor changes to our site.

4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without prior notice. We retain the right to modify or discontinue the Service or any part of its content without notice.

We are not liable to you or any third party for any changes in pricing, service suspension, or discontinuation.

5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be exclusively available online through the website, with limited quantities. Returns or exchanges are subject to our Return Policy.

While we endeavor to display our products’ colors and images as accurately as possible, we cannot guarantee the accuracy of your computer monitor’s color representation.

We maintain the right, although we are not obligated, to limit the sale of our products or services to particular persons, geographic regions, or jurisdictions. We may exercise this right on a case-by-case basis and can limit the quantities of products or services offered. Product descriptions and pricing are subject to change without notice at our sole discretion. We reserve the right to discontinue any product at any time. Offers for any product or service on this site are void where prohibited by law.

We do not guarantee that the quality of any products, services, information, or other materials you obtain will meet your expectations, or that any errors in the Service will be corrected.

6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We take billing and account information seriously to ensure the integrity and security of transactions on our platform. To facilitate a smooth experience for all users, please take note of the following:

6.1 – Order Verification

We reserve the right to refuse any order placed with us. In our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. Such limitations may apply to orders placed under the same customer account, the same credit card, or orders that share the same billing and/or shipping address. In cases where we make changes to or cancel an order, we will make our best efforts to notify you using the contact information provided at the time the order was made.

6.2 – Keeping Your Information Current

To help us provide you with the best service, you agree to provide current, complete, and accurate purchase and account information for all purchases made on our platform. It is your responsibility to ensure that your account information, including email addresses, credit card numbers, and expiration dates, is up to date-and accurate. By maintaining accurate information, we can complete your transactions efficiently and contact you as needed.

6.3 – Compliance with Anti-Fraud Measures

We maintain rigorous anti-fraud measures to protect against unauthorized transactions and activities. Please be aware that we may monitor, edit, or remove content that, in our sole discretion, appears unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable. Any content that violates the rights of a third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights, will be subject to removal.

6.4 – Avoiding Misuse

By agreeing to these Terms of Service, you affirm that you will not use our platform for any unauthorized, illegal, or fraudulent purposes. Prohibited activities include but are not limited to:

• Posting false or misleading information.
• Engaging in fraudulent or deceptive practices.
• Violating the intellectual property rights of Brandimi LLC or any third party.
• Interfering with or disrupting the platform, including introducing viruses or other malicious code.
• Attempting to gain unauthorized access to any part of the platform.

6.5 – Consequences for Misuse

Engaging in any of the prohibited activities mentioned above may lead to termination of your access to the Service. We may also take legal action when appropriate, including but not limited to filing counterclaims, to protect our interests and the interests of our users.

6.6 – Applicability of Laws

You must comply with all applicable laws and regulations while using our platform, including those related to consumer protection, privacy, and intellectual property. By agreeing to these Terms of Service, you are bound by these requirements.

6.7 – Payments and Taxes

When placing orders, you are responsible for paying for the products and any associated taxes or fees. This is essential for the integrity of our payment system and the fair treatment of all users.

6.8 – Feedback and Reviews

As a customer, you are encouraged to provide accurate and timely feedback and reviews to sellers and merchants about your experience on our platform. Your insights and opinions are valuable and can help others make informed decisions.

By using our platform, you acknowledge and agree to these billing and account information terms. Please review our Privacy Policy for more information on how we handle personal information.

For further information or assistance, please contact us at Contact@novagad.com

7 – OPTIONAL TOOLS

We may offer you access to third-party tools over which we have no monitoring, control, or input. These tools are provided “as is” and “as available,” without any warranties, representations, or conditions of any kind and without any endorsement. We bear no liability for any issues arising from your use of these optional third-party tools.

You also use any optional tools at your own risk and discretion, and you should ensure that you understand and approve of the terms provided by the relevant third-party provider(s). We may introduce new services and features through the website in the future, including new tools and resources. These new features and services will also be subject to these Terms of Service.

8 – THIRD-PARTY LINKS

Our Service may include content, products, or services from third-party sources. These third-party links may redirect you to websites not affiliated with us. We are not responsible for reviewing or evaluating the content’s accuracy or any materials, products, or services provided by third parties.

We disclaim liability for any harm or damages related to the purchase or use of goods, services, content, or other transactions made through third-party websites. Please carefully review the policies and practices of third parties and ensure your understanding of them before engaging in any transactions. Complaints, claims, concerns, or questions about third-party products should be directed to the respective third party.

9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If we request specific submissions or, without our request, you provide creative ideas, suggestions, proposals, plans, or other materials (referred to collectively as ‘comments’), you acknowledge that we may use these comments without restriction. We may edit, copy, publish, distribute, translate, or otherwise utilize any comments forwarded to us. We are not obligated to (1) maintain comments in confidence, (2) compensate for comments, or (3) respond to comments.

We have the right, but not the obligation, to monitor, edit, or remove content we deem, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable. Such content should not violate any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights. Your comments should not contain libelous or unlawful material or any computer virus or malware that could affect the Service’s operation. You must not use a false email address or impersonate someone else, misleading us or third parties regarding the origin of any comments. You are responsible for your comments and their accuracy, and we assume no liability for any comments posted by you or any third party.

10 – PERSONAL INFORMATION

The submission of your personal information through the store is regulated by our Privacy Policy. Please review our Privacy Policy for more information.

11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We retain the right to correct errors, inaccuracies, or omissions and to modify, update, or cancel orders if the information on the Service or on any related website is inaccurate, without prior notice (including after order submission).

We are not obligated to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. A specific update or refresh date noted in the Service or on any related website should not be construed as indicating that all information has been modified or updated.

12 – PROHIBITED USES

In addition to other prohibitions outlined in these Terms of Service, you are prohibited from using the site or its content for unlawful purposes, soliciting others for unlawful activities, infringing upon regulations, laws, or local ordinances, violating intellectual property rights, engaging in harassment, abuse, or discrimination based on various criteria, submitting false or misleading information, uploading or transmitting viruses or malicious code, collecting personal information, spamming, engaging in obscene or immoral purposes, or interfering with the Service’s security features. We have the right to terminate your use of the Service or any related website for violations of these prohibitions.

13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our service will be uninterrupted, secure, error-free, or timely. We do not warrant the accuracy or reliability of the results obtained from the service. You acknowledge that we may suspend or cancel the service at any time without notice, and you use the service at your own risk.

The Service and all products and services provided to you are “as is” and “as available,” without any representation, warranties, or conditions of any kind, either express or implied. To the extent permitted by law, we disclaim all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Under no circumstances shall Novagad, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including lost profits, revenue, savings, data, or replacement costs, arising from your use of the service or any products obtained through the service, or any other claims related to your use of the service or any content (or product) posted, transmitted, or made available via the service, even if advised of the possibility of such damages. This limitation of liability applies to the maximum extent permitted by law because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages.

14 – INDEMNIFICATION

You agree to indemnify, defend, and hold Novagad and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any third-party claims or demands, including reasonable attorney fees, stemming from your breach of these Terms of Service or your violation of any law or the rights of a third party.

15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed from these Terms. This determination should not affect the validity and enforceability of any remaining provisions.

16 – TERMINATION

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of these Terms of Service. These Terms of Service are effective until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or by discontinuing your use of our site.

We may also terminate these Terms of Service or suspend your access to our Services, at our sole discretion, if we believe you have failed to comply with any term or provision of these Terms of Service. In such cases, you will remain liable for all amounts due up to and including the date of termination.

17 – ENTIRE AGREEMENT

These Terms of Service, along with any policies or operating rules posted by us on this site or in respect to The Service, constitute the entire agreement and understanding between you and us, governing your use of the Service. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any previous versions of the Terms of Service. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

18 – GOVERNING LAW

These Terms of Service and any separate agreements for Services provided shall be governed by and construed in accordance with the laws of the State of Illinois.

19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

20 – Agreement to Arbitrate and Opt-Out

You and Novagad agree that any disputes arising out of or relating to these Terms or the Service will be settled through binding arbitration, with certain exceptions outlined in this section. Both parties agree not to bring class actions or participate in class action suits. You have the right to opt out of this arbitration agreement within 30 days of first agreeing to these Terms.

In the event of any intellectual property-related disputes or counterclaims, these will be handled in a court of competent jurisdiction in the Northern District of Illinois.

21 – CONTACT INFORMATION

If you have questions regarding these Terms of Service, please reach out to us at contact@novagad.com

Please note that these terms are designed to protect both you and Novagad, and they are subject to change as the service and the legal landscape evolve. Always read and review the Terms of Service when using the platform to ensure compliance with the most current terms.