Effective April 13, 2023
- Acceptance of Terms of Use and Privacy Policy
- Intellectual Property
- Acceptable Use
- Promote surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, that is made available through our Site in any manner that infringes any copyright, trademark, patent, trade secret, or other intellectual or proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of a third party’s computer or property of a third party.
- Restrict or inhibit any other user from using and enjoying our Site.
- Harvest or otherwise collect information about others, including email addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity, any directory of users or other user or usage information or any portion thereof.
- Digital Millenium Copyright Act
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address;
- 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
- 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.
- Compliance with the Law
- Links to third-party websites
- Cancellations and Termination of Service
- Disclaimers
- Limitation of Liability
- Indemnification
- Employment
- Applicability of Law
- Governing Law
- Privacy and Collection of Personal Information
- Electronic Communications
- Severability
- Entire Agreement
- Questions
Thank you for visiting our website (our “Site”). Our Site is owned and operated by Novus Digital Solutions, LLC ("NDS" or “our” or “we” or “us”) and consists of information designed to familiarize you with NDS and our products. NDS may revise these Terms of Use (these “Terms”) at any time. You agree that your access to and use of our Site are subject to these Terms, NDS’s Privacy Policy, any legal terms found elsewhere on our Site, and applicable laws. If you do not agree to these Terms, or to any other legal terms found on our Site, please discontinue use of our Site.
We may change these Terms from time to time. If we make changes, we will post them on our Site and update the “Effective Date” at the top of these Terms. Your continued use of our Site after we make changes is deemed to be acceptance of those changes, so please check these Terms periodically for updates.
All right, title and interest in our Site including, but not limited to all of the software and code that comprise and operate our Site and all of the text, photographs, images, illustrations, graphics, audio, video and audio-video clips, URLs, advertising copy and other materials provided through our Site (collectively, “Content”) are owned by us or by third parties who have licensed their content to us. Our Site is protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Content of our Site is a collective work under U.S. and international copyright laws and treaties, and we own the copyright in the selection, coordination, arrangement and enhancement of the Content of our Site. You agree that you will not reproduce, distribute, or display any of our Content without our prior written consent.
Any content that you provide to us for use in designing your website, including but not limited to text, images, videos, and audio, must be your original content or content that you have the legal right to use. You retain ownership of any content that you provide to us, but you grant us a non-exclusive, royalty-free license to use, reproduce, and modify that content for the purpose of creating your website.
You may not frame our Site without our express permission in writing. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, or services obtained from our Site or through use of our services. The information contained on our Site is intended for general information purposes only. We have made reasonable efforts to ensure that the information on our Site is accurate at the time of posting; however, there may be inaccuracies and occasional errors. We make no representations or warranties about the information provided on or through our Site, including information obtained through links to any third-party websites, and we do not assume any responsibility for updating information provided on or through our Site. We accept no liability for any inaccuracies or omissions on our Site and any decisions based on information contained on our Site are the sole responsibility of each user of our Site.
You agree not to use our Site to:
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending communication from our Site and terminating the offending user’s account. We may also report you to law enforcement authorities.
If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing NDS with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
DMCA Claims, notices and counter-notices should be sent to: info@novusdital.co
You shall not use our Site for any illegal purposes. You agree not to send any unsolicited promotional or advertising material, spam, or similar materials or any volume messages and/or interfere with the operation of our Site or with the enjoyment of our Site by other users of our Site.
The presence of links to third party websites does not constitute or imply an endorsement by NDS of the opinions or views expressed by these linked websites, and NDS does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained on these websites. Furthermore, NDS is not responsible for the quality or delivery of the products or services offered, accessed, obtained, or advertised by or through such third party websites. To the extent that third party websites collect personally identifiable information from you, please be advised that in no event shall NDS assume or have any responsibility or liability for the manner in which such information is collected or for any claims, damages, or losses, whether in contract, tort (including negligence), or otherwise, arising out of or in connection with your access to and/or use of such third party websites. In no event will NDS be liable to you for any direct, indirect, incidental, consequential, or special loss or other damage arising out of or in connection with your use of such third party websites.
You may cancel your Service at any time by contacting us at info@novusdigital.co. A minimum notice of 30 days is required for cancellations. A longer notice period may be required for certain services, as outlined in your Service Agreement. We may cancel your service at any time for any reason, including, but not limited to, if you violate this Agreement. Upon cancellation, you will no longer have access to your Service or any of the information contained therein. We may also, in our sole discretion, terminate your access to the Service and/or block your future access to the Service if we determine that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Service. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Service.
NDS and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Content on our Site. While NDS strives to keep Content on our Site updated, accurate, and complete, NDS and its agents will not be responsible for any damages or losses related to the Content. The Content provided on our Site is intended for informational purposes only and is not intended to constitute an offer or solicitation. Despite the efforts of NDS to provide accurate information on our Site, it is not possible to ensure that all information is correct or up to date. NDS assumes no responsibility or liability for any actions taken as a result of using our Site, or for errors or omissions in the Content on our Site.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITE AND CONTENT CONTAINED ON OUR SITE IS AT YOUR SOLE RISK AND THAT OUR SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. OUR SITE AND ITS CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER NDS NOR ANY PERSON ASSOCIATED WITH NDS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR SITE AND ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER NDS NOR ANYONE ASSOCIATED WITH NDS REPRESENTS OR WARRANTS THAT OUR SITE AND ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AND WITHOUT LIMITING ANYTHING ELSE IN THESE TERMS, IN NO EVENT SHALL NDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS OR ANY THIRD PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE OUR SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; OR (V) ANY OTHER MATTER RELATING TO OUR SITE.
IN NO EVENT SHALL NDS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO NDS, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICE GIVING RISE TO THE CLAIM. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
IF YOU ARE ACCESSING OUR SITE FROM NEW JERSEY, YOU (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE OUR SITE; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF OUR SITE; AND (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE NDS AND OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF OUR SITE; AND (D) VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST NDS FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF NDS AND OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
You agree to indemnify, defend and hold harmless NDS, its officers, directors, employees, agents, representatives, licensors, suppliers and any third party providers from and against all any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from (1) your failure to comply with these Terms; (2) your use of our Site; or (3) content submitted or posted by you or otherwise provided by you to NDS.
NDS is an equal opportunity employer. Nothing in these Terms shall constitute an offer of employment. Although NDS will use reasonable efforts to maintain as confidential any personal resumes or information submitted to it, NDS cannot guarantee that confidentiality will be maintained. NDS will not be liable for any damages or losses resulting from any individual’s use of or reliance on any information contained in any resume or other information submitted to NDS.
These Terms and all other legal terms on our Site are applicable upon your access to our Site. These Terms may be revised, modified, amended, or supplemented by NDS without notice at any time for any reason. These Terms shall apply to you regardless of any future transaction or dealings between you and NDS, or lack of any such future transaction or dealings, and shall survive the termination of any such future transaction or dealings.
The use of our Site and the Content contained on our Site shall be governed by the laws of the State of Nevada, without regard to any conflict of law provisions. Any actions or claims related to our Site and/or the Content shall be filed in the federal or state courts located in Clark County, Nevada (and you hereby consent to exclusive jurisdiction and venue in such courts). Any actions or claims made by a user related to our Site and/or Content, including these Terms, must be commenced within one (1) year after such action or claim arose or be forever waived and barred.
To the fullest extent permitted by applicable law, you agree that any and all actions or claims related to our Site and/or the Content will be resolved individually, without resort to any form of class action.
The collection and use of your personal information are subject to the terms and conditions set forth in our Privacy Policy. By accessing our Site, you acknowledge that you have reviewed and consent to the conditions set forth in our Privacy Policy.
When you visit our Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our Site. You agree that all agreements, notices, communications, and other disclosures that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms, together with any other legal terms on our Site, constitute the entire agreement between you and NDS with respect to your use of our Site and the Content contained on our Site. These Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and NDS with respect to your use of our Site and the Content contained on our Site. No modification of these Terms shall be effective unless it is authorized by NDS. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
If you have any questions about these Terms, please contact us by email at info@novusdigital.co (and include your name and address in the message), via the contact us page, or by calling us at (702) 250- 1566.