Terms of Service
Welcome to Novovie.com (the “Site”).
The Site is operated by Novo Vie, LLC. Throughout the Site, the terms “we,” “us,” and “our” refer to Novo Vie, LLC. Novo Vie, LLC offers this Site, 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 herein.
You must be 18 years old or the age of majority in your jurisdiction to make a purchase on our Site. If you are under 18 years old or the age of majority in your jurisdiction, you may not purchase anything on our Site. If you are under 13 years old, you may browse our Site. However, you may not provide personal information to us nor register on the Site. The Site is not directed to children under 13 years old. By accessing or using the Site you acknowledge you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, YOU MAY NOT USE OUR SITE.
By visiting our Site and/or purchasing products 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.
Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the Site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the Site are also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes your acknowledgement and acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us the online e-commerce platform which allows us to sell our products and services to you.
Section 1 - Online Store Terms
By agreeing to these Terms of Service, you represent you are at least the age of majority in your state or province of residence, or you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Site. 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 (including but not limited to copyright laws). You must not transmit any worms, viruses, or code of a destructive nature.
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 understand your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided without our express written permission.
We are not responsible for shipping delays once a package has left our facility. All orders will be processed in the order they are received.
Please allow 24-48 hours - on business days - for customer service inquiries to be answered. Business days are Monday through Friday, excluding federal holidays in the United States.
We cannot edit or adjust the payment method once an order is placed.
Only full-size orders are eligible for free shipping.
The headings used in this agreement are included for convenience only and do not limit or affect these Terms.
Section 3 - Accuracy, Completeness, and Timeliness of Information
We are not responsible if the information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your risk.
We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You acknowledge and agree it is your responsibility to monitor changes to our Site.
Section 4 - Modifications to the Service or Prices
Prices for our products are subject to change without notice. We do not offer refunds, discounts, or reimbursements if a product price decreases after order placement.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
We shall not be liable to you or 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 Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee your computer monitor's display of any color will be accurate.
We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant the quality of any products, services, information, or other material purchased or obtained by you, or that they will meet your expectations, or that any errors in the Service will be corrected.
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. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided when the order was made. In our sole judgment, we reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our Site. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Return Policy.
Section 7 - Optional Tools
We may provide you with access to third-party tools which we neither monitor nor have any control or input. You acknowledge and agree we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without any endorsement. You agree we have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional third-party tools offered through the Site is entirely at your risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the third-party provider(s).
We may also, in the future, offer new services and/or features through the Site, including the release of new tools and resources. Such new features and/or services shall also be subject to these Terms of Service.
Section 8 - Third-Party Links
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this Site may direct you to third-party websites which are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy on those websites, and we do not warrant and have no liability or responsibility for any third-party materials or websites or any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party's policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Section 9 - User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence, (2) to pay compensation for any Comments, or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit, or remove content we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree and represent your Comments do not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, nor contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for Comments you make. We are neither responsible nor liable for any Comments posted by you or any third party.
Section 10 - Personal Information
Section 11 - Errors, Inaccuracies, and Omissions
Occasionally, there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site or in the Service, or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information on the Site or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Site or on any related website should be taken to indicate that all information on the Site or on any related website has been modified or updated.
Section 12 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose, (b) to solicit others to perform or participate in any unlawful acts, (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances, (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others, (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, (f) to submit false or misleading information, (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet, (h) to collect or track the personal information of others, (i) to spam, phish, pharm, pretext, spider, crawl, or scrape, (j) for any obscene or immoral purpose, or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site and Service or any related website for violating any prohibited uses.
Section 13 – Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTIBILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, UNDER ANY CIRCUMSTANCES, FOR (a) INTERRUPTION OF BUSINESS, (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE, (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION, (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE, (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES, (f) ANY INACCURACIES OR OMISSIONS IN THE CONTENT, OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT NO CLAIMS OR ACTIONS ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS OF SERVICE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
Section 14 - Indemnification
You agree to indemnify, defend, and hold harmless Novo Vie, LLC and our parent, subsidiaries, sister companies, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless 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 the documents they incorporate by reference or your violation of any law or the rights of a third party. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Section 15 - Disputes
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms of Service shall be governed by the laws of Arizona as if these Terms of Service were a contract wholly entered into and wholly performed within Arizona. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Phoenix, Arizona, and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners, or licensors, or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules prevailing with the American Arbitration Association. The arbitrator’s award shall be binding and non-appealable and may be executed as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to the Terms of Service, whether through class arbitration proceedings or otherwise.
Section 16 - Severability
If 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 from these Terms of Service, and such determination shall not affect the validity and enforceability of any other provisions.
Section 17 - Termination
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service or when you cease using our Site. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
If in our sole judgment, you fail or we suspect you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement without notice and accordingly may deny you access to our Site and Service. You will remain liable for all amounts due up to and including the date of termination.
Section 18 - Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted on the Site or with respect to the Service constitute the entire agreement and understanding between us and govern your use of the Site and the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between us (including, but not limited to, any prior versions of the Terms of Service).
You acknowledge and agree that any ambiguities in these Terms of Service shall not be construed against the drafting party.
Section 19 - 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 Arizona as if the Terms of Service were a contract wholly entered into and wholly performed within Arizona.
Section 20 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page.
At our sole discretion, we reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to the Site. You are responsible for checking the Site periodically for changes. Your use of or access to the Site and the Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.
Section 21 - Contact Information
Questions about the Terms of Service should be sent to email@example.com.
Section 22 - Mobile Terms of Service
The Novo Vie mobile message service (the "Service") is operated by Novo Vie, LLC (“Novo Vie”, “we,” or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time. Your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Novo Vie’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Novo Vie through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program to make any purchases, and your consent is not a condition of any purchase with Novo Vie. Your participation in this program is entirely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency will vary. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all cha/text messages, including charges from your wireless provider.
You may opt out of the Service at any time. Text the single keyword command STOP or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Novo Vie mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, email firstname.lastname@example.org.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You agree and acknowledge that any messages, including any STOP or HELP requests you send to a short code or telephone number we have changed, may not be received and we will not be responsible for honoring requests made in such messages.
You agree and acknowledge the wireless carriers supporting the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you must sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.