PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. The use of this site is governed by the terms and conditions set forth below. Your use of this site and/or placement of an order indicates your acceptance of these terms and conditions. Novel Holdings LLC reserves the right to make changes to this site and these terms and conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
In the event a typographical error results in an incorrect price, product description, product specification or product image, Novel Holdings, LLC shall have the right to refuse or cancel any orders placed for such products containing the errors. Novel Holdings LLC shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Novel Holdings LLC shall immediately issue a credit to your credit card account in the amount of the charge.
Although we do our best to fulfill all orders, we cannot guarantee availability of any particular product displayed on this Site. We reserve the right, without liability, to revise or discontinue the sale of any product listed on this Site at any time without notice. Information about product availability from our manufacturers may not be immediately available; therefore, product availability may be inaccurate or not updated on our website at time of purchase.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Novel Holdings LLC reserves the right at any time after receipt of your order to accept or decline your order for any reason whether or not the order has been confirmed and the User's credit card charged. If the User's credit card has already been charged for the purchase and his/her order is canceled, Novel Holdings LLC shall issue a credit to the User's credit card account in the amount of the charge.
Links to Third Party Websites
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge that Novel Holdings LLC is not responsible for the availability, content, text, graphics, information, security, privacy or any damage that may arise from using an external site.
User Submitted Content
By submitting content, users warrant that they have full right and authority to submit that content, and that they have sole copyright and proprietary right over that content. Users may not post or transmit unlawful, defamatory, or threatening material, that which would constitute or encourage criminal offenses, or violate any law. We reserve the right not to publish, or to remove, any content we deem inappropriate for any reason whatsoever. In addition, by disclosing, submitting, or posting material to our Website, you grant to Novel Holdings LLC a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, edit, publish, translate, rework distribute and display that material without compensation or acknowledgement of source.
All copyright, trademarks and all other intellectual property rights on the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Novel Holdings LLC or otherwise used as permitted by law. In accessing the Website, you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
Novel Holdings LLC respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to our Designated Agent who can be reached by email at firstname.lastname@example.org
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Disclaimer of Warranty
THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NOVEL PRODUCTS CORPDISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NOVEL PRODUCTS CORPDOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOVEL PRODUCTS CORPDOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT, SHALL NOVEL PRODUCTS CORPOR ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AGENTS, SUCCESSORS, AFFILIATES, DISTRIBUTORS, FREIGHT CARRIERS, THIRD PARTIES PROVIDING INFORMATION OR SERVICES ON THIS SITE OR ASSIGNS BE LIABLE TO ANY USER OF ITS SITE (S), THEIR SUCCESSORS OR ASSIGNS OR ANY OTHER THIRD-PARTY OR ENTITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXTRAORDINARY, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF USE, OR LOSS OF REVENUE, PROFITS OR ANY OTHER ECONOMIC ADVANTAGE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE(S), THE PRODUCTS, DELIVERY OF PRODUCTS, OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF IT ARISES THAT THIS WEBSITE HAS BEEN PREVIOUSLY ADVISED OF PROSPECTIVE POTENTIAL DAMAGE OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, WHETHER IN TORT OR FOR BREACH. IN NO EVENT WILL NOVEL PRODUCTS CORP AND ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER ARISING OUT OF CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR PURCHASING PRODUCTS.
You agree to indemnify, defend and hold Novel Holdings LLC and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site and/or Products.
These Terms and Conditions shall be governed by and construed in accordance with the law of Washington State and you hereby submit to the exclusive jurisdiction of the state or federal courts located within Spokane County, WA for any disputes arising from or related to the Site or these Terms and Conditions.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.