Terms of Service
This document constitutes a legally binding agreement ("Agreement") between you ("User" or "you") and Nova Acoustic ("Company", "we", "us", or "our"), governing your access to and use of the website located at novaacoustic.com (the "Website") and all services, content, and products available through the Website. By accessing or using the Website, you signify your unreserved agreement to comply with and be bound by these Terms of Service. If you do not agree to these Terms of Service, you are prohibited from using or accessing this Website.
1. Acceptance of Terms By accessing, browsing, or utilizing the Website, you explicitly acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, and all applicable laws and regulations. These Terms of Service apply to all visitors, users, and others who access or use the Website.
2. Description of Services Nova Acoustic provides information, resources, and potentially products or services related to acoustic solutions, sound engineering, and related fields through its Website. We reserve the right to modify, suspend, or discontinue any aspect of the Website or services offered therein, at our sole discretion, without prior notice or liability.
3. User Obligations and Acceptable Use 3.1. You warrant that all information you provide to Nova Acoustic is true, accurate, current, and complete. You further agree to maintain and promptly update such information to keep it true, accurate, current, and complete. 3.2. You agree to use the Website solely for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Website. 3.3. You are prohibited from: a. Undertaking any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure. b. Attempting to gain unauthorized access to the Website, server, or any associated systems or networks. c. Introducing any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful. d. Copying, duplicating, reproducing, selling, or exploiting any part of our Website or services without our express written permission.
4. Intellectual Property Rights 4.1. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Nova Acoustic, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 4.2. These Terms of Service grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website strictly for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as generally and ordinarily permitted through the Website’s intended functionality.
5. Disclaimer of Warranties THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NOVA ACOUSTIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. NOVA ACOUSTIC DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
6. Limitation of Liability IN NO EVENT SHALL NOVA ACOUSTIC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF NOVA ACOUSTIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE. NOTWITHSTANDING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF NOVA ACOUSTIC TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE, OR ONE HUNDRED UNITED STATES DOLLARS ($100), WHICHEVER IS GREATER.
7. Indemnification You agree to indemnify, defend, and hold harmless Nova Acoustic, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Service.
8. Termination Nova Acoustic reserves the right, in its sole discretion, to terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any breach of these Terms of Service, without prior notice or liability. Upon termination, your right to use the Website will immediately cease.
9. Governing Law and Jurisdiction These Terms of Service shall be governed by and construed in accordance with the laws of the state where Nova Acoustic is incorporated, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms of Service shall be brought exclusively in the federal or state courts located within that state.
10. Changes to Terms of Service Nova Acoustic reserves the right, at its sole discretion, to modify or replace these Terms of Service at any time. We will indicate that changes to the Terms have been made by updating the "Last Updated" date at the beginning of this document. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Service. It is your responsibility to review these Terms periodically for changes.
11. Contact Information Should you have any questions or concerns regarding these Terms of Service, please contact us at: [email protected].