Terms and Conditions of Use NOVO UNITED STATES
The following Terms and Conditions of Use (the “Terms”) apply to the use of the NOVO UNITED STATES’ services, products and website (the “Website”), which is owned and operated by NOVO UNITED STATES, LLC.
Use of our services, products, and Website is conditional on your agreement to the Terms. You must read, agree with, and accept all of the terms and conditions contained in the Terms and the Privacy Policy [hyperlink to Privacy Policy]. By clicking on the button marked “I Accept” and by using the Website and our services, you indicate your continued acceptance of the Terms, including future amendments, if any. If you do not comply with the Terms during your use of our services and Website, you will no longer have the right to use the Website and our services.
1. Visitors. Any person accessing, browsing or otherwise using the Website, shall be deemed a “Visitor” and is bound by these Terms and the Privacy Policy[hyperlink to Privacy Policy]. If you do not agree to be bound by the Terms, or if you do not comply with the Terms, you may not use the Website. All Visitors have access to the home page of the Website. To use our services and obtain full access to the Website, a Visitor must become a registered user (“User”).
2. Registration. To access certain features of the Website, such as ordering a NOVO+ Service test, Visitors must become a User and register and select a password and user name. If you register, you must provide accurate and complete registration information and keep this information up to date. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person; (ii) use as a user ID a name subject to any rights of a person other than yourself without appropriate authorization; or (iii) create more than one account per person. NOVO UNITED STATES reserves the right to refuse registration of, or cancel a user ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your user ID and password. Any user ID and password provided to you for your access to the Website shall be for your personal use only. You agree to (i) immediately notify NOVO UNITED STATES of any unauthorized use of your user ID or password, and (ii) ensure that you exit from your account at the end of each session.
3. Eligibility. To become a User and to use our services, you must be 18 years or older. By using the Website and our services you represent and warrant that you have the right, authority, and capacity to enter into this agreement with NOVO UNITED STATES (the “Agreement”) on the conditions as set forth in these Terms. The Website is administered in the US and intended for US users only.
4. NOVO+Service. If you use our NOVO+Service, as offered on the Website, you confirm that you are not using a medically prescribed diet, taking any medication or, to the best of your knowledge and belief, suffering from any medical condition.
5. No Medical Advice. NOVO UNITED STATES and its Website does not provide or contain any medical advice. If you think you have a medical condition, always consult your physician or other qualified health provider. Never disregard any medical advice because of information or services you obtain from or via NOVO UNITED STATES or the Website.
6. Use of the Website. Subject to the restrictions in the Terms, you may use the Website to obtain information about our services, submit questions in relation thereto, and to order services from us. You may not copy or distribute any portion of the Website for any purpose not authorized above without the express written permission of NOVO UNITED STATES. NOVO UNITED STATES will not be liable for any information and content, including any errors or omissions, or any loss or damage of any kind incurred as a result of your use of, or reliance on, any information or content. You agree that you must evaluate and bear all risks associated with the use of any information and content on the Website and that reliance on any information provided by NOVO UNITED STATES, whether on the Website or via direct personal contact, is solely at your own risk.
7. User and Visitor Restrictions. You agree that you shall not, nor will you enable and/or allow third parties – to: (i) modify, translate, or reverse engineer any portion of the Website; (ii) remove any copyright, trademark or other proprietary rights notices on the Website or other material obtained via the Website; (iii) use any robot, spider, other automated device, or manual process to monitor or copy the Website or parts thereof; (iv) collect any information about other Users or Visitors (including user names and/or email addresses) (v) reformat or frame any portion of the web pages that are part of the Website (vi) create user accounts by automated means or under false or fraudulent pretenses; (vii) create or transmit unwanted electronic communications such as “spam” to other Users or Visitors, or otherwise interfere with other Users or Visitors’ enjoyment of the Website; (viii) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (ix) use the Website to violate the security of any computer network, crack passwords or security encryption codes; (x) copy or store any information offered on the Website for other than your own use; (xi) use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website; (xii) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; or (xiii) use the Website, intentionally or unintentionally, to violate any applicable local, state, national or international law. NOVO UNITED STATES may impose limits on certain features or services or restrict your access to parts or all of the Website, without notice.
8. Privacy. Use of the Website is also governed by our privacy policy, a copy of which can be found by clicking here: Privacy Policy
9. Term. The Terms and the Privacy Policy will remain in full force and effect while you use the Website. NOVO UNITED STATES may terminate the Agreement for any reason, at any time. Sections 8, 10, 11, 12, and 13 shall survive any termination or expiration of the Agreement and the Terms.
10. Changes to the Agreement or the Website. You agree and understand that the Terms and the Website may be modified by NOVO UNITED STATES at any time without prior notice, and such modifications will be effective upon NOVO UNITED STATES’ posting of the new terms and/or upon implementation of the new changes on the Website. It is the sole responsibility of the Users and Visitors to review the Terms periodically to become familiar with any modifications. Your continued use of the Website after any modifications indicates your acceptance of the modified Terms. Unless expressly stated otherwise by NOVO UNITED STATES, any new features, new services, enhancements or modifications to the Website implemented after your initial access, shall be subject to the Terms.
11. Disclaimer of Warranties. THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, SERVICES, AND INFORMATION AVAILABLE ON OR ACCESSED BY MEANS THEREOF, IS PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NOVO UNITED STATES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR (1) THE CURRENCY, ACCURACY, OR COMPLETENESS OF ANY INFORMATION AVAILABLE BY MEANS OF THE WEBSITE, (2) FOR ANY INFORMATION PROVIDED BY THIRD PARTIES AND ACCESSIBLE ON OR THROUGH THE WEBSITE, (3) FOR ANY “VIRUSES” OR MALICIOUS COMPUTER CODE TRANSMITTED ON OR THROUGH THE WEBSITE, OR (4) FOR ANY BREACH OF SECURITY OR UNAUTHORIZED ACCESS TO THE WEBSITE OR YOUR INFORMATION. NOVO UNITED STATES DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NOVO UNITED STATES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY SERVICES OR CONTENT THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE SERVER ON WHICH IT IS MADE AVAILABLE, OR ANY CONNECTED SYSTEM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOVO UNITED STATES IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR VISITOR OF THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER OR VISITOR OF THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
12. Limitation of Liability. USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, USE OF, OR ACCESS TO DATA, FILES, INFORMATION, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ON OR THROUGH THE WEBSITE. EXCEPT TO THE EXTENT THAT LIABILITY UNDER ANY APPLICABLE LAW OR REGULATION CANNOT BE EXCLUDED, NOVO UNITED STATES IS NOT LIABLE FOR LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING AS A RESULT OF (1) INFORMATION EXPRESSLY OR IMPLIEDLY PUBLISHED ON THE WEBSITE, OR (2) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE. NOVO UNITED STATES WILL NOT HAVE ANY LIABILITY ARISING FROM YOUR DECISIONS OR YOUR PURCHASES OF THIRD PARTY GOODS OR SERVICES, BASED ON THE INFORMATION PROVIDED ON THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL NOVO UNITED STATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE AND OUR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NOVO UNITED STATES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSOR OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO NOVO UNITED STATES FOR THE USE OF THE WEBSITE AND OUR SERVICES IN THE MONTH PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $100.
13. Indemnity. You agree to indemnify, defend, and hold NOVO UNITED STATES, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your access to, and/or use of, the Website, our services, and/or our products or (ii) the violation of these Terms by you.
14. Miscellaneous. All notices hereunder shall be given in writing to NOVO UNITED STATES at [address] or to such other address as NOVO UNITED STATES may request. Notices shall be deemed given when received (i) the fifth business day after they are mailed by certified mail, return receipt requested, (ii) the next business day after they are sent by commercial overnight courier service; or (iii) the same day they are delivered in person. Neither this Agreement nor any portion hereof shall be assigned, sub licensed or otherwise (including by operation of law) transferred by Users or Visitors without NOVO UNITED STATES prior written consent. Failure of NOVO UNITED STATES to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. This Agreement contains the entire agreement between the parties hereto with respect to the matters contained herein. If any term or provision of this Agreement or any application thereof shall be invalid, illegal or unenforceable, the remainder of this Agreement and any other application thereof shall not be affected thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to conflict of law principles thereof. The exclusive forum for any disputes arising out of or related to this Agreement shall be an appropriate state or federal court situated in New York County in the State of New York.