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Novia Networks

Terms and Conditions

 

Welcome to the NoviaNetworks Website (the "Site"). Please review the following basic terms that govern your use of this Site (this "Agreement"). This Site is operated and controlled by Novia Networks who grants you permission to view this Site and to download and print individual pages from this Site and, if applicable, to order products from this Site for your own use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this Agreement. No right title or interest in any downloaded materials is transferred to you as a result of downloading, copying or printing any document, content, image or otherwise from this Site.

Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to NoviaNetworks that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Your failure to follow these rules, whether listed herein or in bulletins posted at various points in the Site, may result in suspension or termination of your access to the Site, without notice, in addition to NoviaNetworks other remedies. Other than this Agreement, NoviaNetworks will not enter into any agreement with you or have any obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.

 

THIRD PARTY ARTICLES

From time to time the Site may contain articles or content that we feel may be of interest to you. While we attempt to provide information that is accurate, we do not represent that all information contained in such articles or content is correct and the publishing of third party articles and content shall not in any event be deemed an endorsement by NoviaNetworks or any of its affiliates of the material contained therein. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, subscribers or any other user of this Site are those of the respective author(s) or distributor(s) and not of NoviaNetworks. Neither NoviaNetworks nor any third-party provider of information or content guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through this Site represents the opinions and judgments of the respective information or content provider, subscriber, or other user not under contract with NoviaNetworks. NoviaNetworks neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on this Site by anyone other than authorized NoviaNetworks employee spokespersons while acting in their official capacities. Under no circumstances will NoviaNetworks or any of its affiliates be liable for any loss or damage caused by a subscriber's reliance on information obtained through this Site. It is the responsibility of a user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Site.

Postings on this Site are made at such times as NoviaNetworks determines in its discretion. You should not assume that the information contained on this Site has been updated or otherwise contains current information. NoviaNetworks does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded.

NoviaNetworks reserves the right to remove any postings to the Site's bulletin board that NoviaNetworks deems offensive, harassing, illegal or otherwise inappropriate. Posting of any message on the bulletin board does not imply any endorsement of the material in such posting. While NoviaNetworks will periodically review the posted materials and attempt to remove offensive postings, Charming Direct does not represent that such items will not be posted and shall have no liability with respect to any such postings. In addition, NoviaNetworks does not represent that postings will remain on the bulletin board for any period of time. The same may be removed by NoviaNetworks from time to time in NoviaNetworks sole discretion. NoviaNetworks may, but is not obligated to, monitor any chat room activity and refuse access to any user NoviaNetworks determines, in its sole discretion, is not complying with the terms of use.

 

COPYRIGHT COMPLAINTS


NoviaNetworks respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NoviaNetworks copyright agent the written information specified below. Please note that this procedure is exclusively for notifying NoviaNetworks that your copyrighted material has been infringed.

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.
NoviaNetworks Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent
NoviaNetworks
14495 23rd Ave. N
Plymouth, MN 55447
phone: (763) 208-6495
fax: (866) 796-1602
e-mail: sales@novianetworks.com

 

REGISTRATION AND ACCOUNT CREATION


NoviaNetworks may at times require that you register and/or set up an account to use certain portions of the Site, or the Site as a whole. In order to do so, you may be provided, or required to choose, a password, User Id, and/or other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by editing your Registration profile on the Service.

 

USE OF USER ID/PASSWORD


If you register and/or set up an account on the Site, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use the Site, and you are responsible for all use by you and those you allow to use the Site. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.

You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization.

 

LINKS TO THIRD-PARTY SITES


This Site may contain links to Sites owned or operated by parties other than NoviaNetworks. Such links are provided for your reference only. NoviaNetworks does not monitor or control outside Sites and is not responsible for their content. NoviaNetworks' inclusion of links to an outside Site does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does NoviaNetworks' inclusion of the links imply that NoviaNetworks is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Site.

 

OTHER BUSINESSES


We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. NoviaNetworks does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. In addition, we may sell products and services of many different and unrelated retailers on this Site. We are not responsible for examining or evaluating, and we do not warrant the offerings or products of, any of these businesses, even if such offerings or products are purchased through us from this Site. NoviaNetworks does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties and DISCLAIMS ALL WARRANTIES related to such products and offerings. You should carefully review their privacy statements, return policies and other conditions of use.

 

QUANTITY LIMITS/ORDER ACCEPTANCE


We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied.

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped (except for orders paid for with a Gift Card which are charged at the time you place your order, not when your order is shipped). We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.

 

CORRECTION OF ERRORS AND INACCURACIES


The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including as to orders of merchandise after you have submitted your order). Please note that if this Site has products for sale, such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your online purchase from the Site you may return it in accordance with our Return Policy.

 

PRIVACY POLICY


Our use of personal information is governed by our Privacy Policy and your provision of personal information to us constitutes your acknowledgment of and acceptance of our Privacy Policy.

 

CONTACTING US/FEEDBACK, POSTINGS AND COMMUNICATIONS


If you have any questions about this Agreement or the Site, please send us an email or write us at: NoviaNetworks, Customer Service, 14495 23rd Ave. N, Plymouth, MN 55447.

Although NoviaNetworks will in most circumstances be able to receive your email or other information provided through this Site (including, without limitation, service requests and other submissions), NoviaNetworks does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such email or other information. Be aware that Internet email typically is not secure.

 


GENERAL INFORMATION


You agree that this Agreement and your use of this Site are governed by the laws of the Commonwealth of Minnesota, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Hennipen County, Minnesota, USA, in all disputes (a) arising out of, relating to or concerning this Site and/or this Agreement, (b) in which this Site and/or this Agreement is an issue or a material fact, or (c) in which this Site and/or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. NoviaNetworks has endeavored to comply with all legal requirements known to it in creating and maintaining this Site but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall govern such use.

Any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this Agreement shall be decided by binding confidential arbitration in accordance with the Rules of the American Arbitration Association, and any such arbitration proceedings shall be brought and held exclusively in Hennepin County, Minnesota, USA. To the fullest extent permitted by applicable law, the arbitration of all claims shall be conducted solely on an individual, bilateral basis and no arbitration under these Terms of Use shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise. The decisions of the arbitrators shall be final, binding and conclusive upon all parties involved, and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction. The Convention on International Sale of Goods shall not apply to any sale or other transaction made through this Site.

You agree that NoviaNetworks may at any time and without notice change the terms, conditions and notices under which this Site is offered.

You agree that no joint venture, partnership, employment or agency relationship exists between you and NoviaNetworks as a result of this Agreement or your use of this Site.
NoviaNetworks right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by NoviaNetworks with respect to such use.

This Agreement constitutes the entire agreement between you and NoviaNetworks with respect to this Site. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and NoviaNetworks with respect to this Site. No modification of this Agreement shall be effective unless it is authored by NoviaNetworks or its affiliates, or unless it is physically signed by a NoviaNetworks officer. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach. A printed version of this Agreement and/or of any notice given by NoviaNetworks in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by NoviaNetworks in printed form.