OVERVIEW This website is operated by NOVALI. Throughout the site, the terms “we”, “us” and “our” refer to NOVALI. NOVALI offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
SECTION 1 - ONLINE STORE TERMS By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS We reserve the right to refuse Service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, or more complete sources of information. Any reliance on the material on this site is at your own risk.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your monitor's display will be accurate. MANUFACTURING VARIATIONS: You acknowledge that manufacturing processes may result in minor variations in color, aroma, or texture between batches. Such variations do not constitute a product defect or a basis for a legal claim. We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction. We reserve the right to discontinue any product at any time.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
SECTION 7 - SMS MARKETING & NOTIFICATIONS By consenting to Novali’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts. Message frequency varies. Consent is not a condition of purchase. To unsubscribe, reply with STOP to any mobile message sent from us. Message and data rates may apply.
SECTION 8 - ARBITRATION AND CLASS ACTION WAIVER AGREEMENT
Arbitration: By using or purchasing Novali products, you agree that any controversy, claim, action, or dispute arising out of or relating to these Terms, or the breach thereof, shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association. Arbitration replaces the right to go to court, including the right to a jury and the right to participate in a class action.
Class Action Waiver: You and Novali agree that you may bring claims against Novali only in your individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims.
Opt-Out: You may opt-out of this arbitration agreement within 30 days of your first purchase by mailing a written notification to Novali expressing your intent to opt-out.
SECTION 9 - USER COMMENTS, FEEDBACK AND SUBMISSIONS If you send creative ideas, suggestions, or other materials, you agree that we may, at any time, without restriction, edit, copy, publish, and distribute those materials. We are under no obligation to maintain comments in confidence or pay compensation.
SECTION 10 - PERSONAL INFORMATION Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 12 - PROHIBITED USES You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to infringe upon or violate our intellectual property rights; (c) to submit false or misleading information; (d) to upload or transmit viruses or any other type of malicious code; or (e) to scrape or crawl the site for data.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free. You expressly agree that your use of the Service is at your sole risk. LIMITATION OF LIABILITY: In no case shall NOVALI, our directors, officers, employees, or affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, or consequential damages of any kind. LIABILITY CAP: Notwithstanding anything to the contrary contained herein, NOVALI’S cumulative liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to NOVALI for the specific product or service giving rise to the claim.
SECTION 14 - HEALTH AND MEDICAL DISCLAIMER The information provided on this site and the products sold are for informational purposes only and are not intended as a substitute for advice from your physician or other healthcare professional. You should not use the information on this site for diagnosis or treatment of any health problem. FDA COMPLIANCE: Statements regarding dietary supplements have not been evaluated by the Food and Drug Administration (FDA). Our products are not intended to diagnose, treat, cure, or prevent any disease. Individual results may vary. You agree that you are using our products and services at your own risk.
SECTION 15 - INDEMNIFICATION You agree to indemnify, defend and hold harmless NOVALI and our affiliates from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or your violation of any law.
SECTION 16 - SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed.
SECTION 17 - ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision shall not constitute a waiver. These Terms of Service constitute the entire agreement and understanding between you and us.
SECTION 18 - GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law principles.
SECTION 19 - CHANGES TO TERMS OF SERVICE 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 to our website.
SECTION 20 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at contact@novaliwellness.com.