NORVANIVEL TERMS OF USE

These Terms of Use apply to your use of www.norvanivel.com (the “Site”). The terms “us”, “we” or “our” used herein refer to NorvaNivel USA, LLC.

By using the pages of this Site, you agree to these Terms of Use. We may update or revise these Terms of Use from time to time and you agree to the Terms of Use that are posted at the time you are using this Site. You may review the current version of the Terms of Use at any time by clicking on the “Terms of Use” link on any page of this Site. If you do not agree to the Terms of Use in effect at the time you intend to access or use this Site, do not access or use this Site or any pages thereof.

WHO MAY USE THIS SITE

You must be 13 years of age or older to use this Site without verifiable parental consent. If you are not at least 13 years old and do not have verifiable parental consent, do not use this Site. We reserve the right to deny access or use of this Site to anyone at any time in our sole and absolute discretion.

INTELLECTUAL PROPERTY RIGHTS AND USE OF SITE

The content and information of this Site, including the arrangement and presentation thereof, is protected by copyright laws and is owned by us. Unless otherwise noted, the logos, trademarks and servicemarks displayed on this Site are owned by us and nothing on this Site or contained in these Terms of Use shall be construed in any manner as granting you any license or right to use any such logo, trademark or service mark displayed on this Site, without our prior written permission.

UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED.
On the condition that you comply with all obligations under these Terms of Use, we grant you a limited, revocable, nonexclusive, nonassignable license and right to access the Site through a generally available web browser or mobile device to view content and information and otherwise use the Site consistent with its functionality and in accordance with these Terms of Use. Any other use of this Site is strictly prohibited and a violation of these Terms of Use.

YOU MAY NOT:

  • Republish material from this Site;
  • Make any commercial use of this Site or the content thereof;
  • Edit or otherwise modify any material on this Site;
  • Upload, post, email or otherwise transmit any posting or other material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable as determined in our sole and absolute discretion;
  • Upload, post, email or otherwise transmit any postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships or that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any person or entity;
  • Make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content;
  • Impersonate any person or entity, including, but not limited to any user of this Site, any of our partners, employees, agents, representatives or affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with us or any other person or entity;
  • Conduct fraudulent activities on this Site;
  • Violate or attempt to violate the security of this Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mailboming,” or “crashing”; (iii) forging any header or any part of the header information in any email or posting; or (iv) forging communications on behalf of the Site or to the Site;
  • Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of this Site;
  • Remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site;
  • Act in any manner that negatively affects or otherwise diminishes the quality of another user’s experience of this Site; or
  • Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law.

PRIVACY AND SECURITY

Before using this Site, please review our Privacy Policy which is incorporated into these Terms of Use. In the event of a conflict, the Terms of Use shall govern.

NO WARRANTY

THE CONTENT, INFORMATION, LINKS AND FUNCTIONALITY OF THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF NON INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS. WITHOUT IN ANY WAY LIMITING THE PRIOR SENTENCE, WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY THAT (I) THE CONTENT AND INFORMATION OF THIS WEBSITE IS ACCURATE, SECURE, COMPLETE OR OTHERWISE FREE FROM ERRORS AND OMISSIONS, OR (II) THE LINKS AND OTHER ASPECTS OF THE WEBSITE ARE FUNCTIONAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES, OR OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND US.

THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SITE, ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

GOVERNING LAW

Use of this Site is governed by the laws of the State of Texas and applicable Federal laws of the United States. Users of this Site hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Texas in all disputes arising out of or relating to use of this Site or these Terms of Use.

DISPUTE RESOLUTION/ARBITRATION

Any dispute or claim relating in any way to your use of the Site or these Terms of Use will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives, and the arbitrator will apply applicable law and the provisions of these Terms of Use and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration).

Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms of Use must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, these Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

GENERAL PROVISIONS

You are responsible for all charges and necessary permissions related to accessing the Site through your access provider.

If any provision of these Terms of Use is found by a court of competent jurisdiction to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render these Terms of Use enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms of Use will not be affected in any way.

You agree that these Terms of Use constitutes the entire, complete and exclusive agreement between you and us regarding the Site and the services offered on it and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms of Use.

Our failure to act with respect to a breach of these Terms of Use by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.

If you have questions or comments about these Terms of Use, please contact us at info@norvanivel.com