Overview

This website is operated by Nove Sea. Throughout the site, the terms "we", "us" and "our" refer to Nove Sea. Nove Sea 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 website and/or purchasing anything from us, you are engaging our "Service" and agreeing to be bound by the following terms and conditions ("Terms of Service", "Terms"), including any additional terms and policies referenced herein and/or available via hyperlink. These Terms of Service apply to all users of the Site, including but not limited to users who are browsers, sellers, customers, merchants and/or contributors of content.

Please read these Terms of Use carefully before accessing or using our Website. By accessing or using any portion of the Website, you agree to be bound by these Terms of Use. If you do not agree to all of the terms and conditions of this Agreement, do not access the Website 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 current Store will also be subject to the Terms of Service. You may review the most current version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use or access of the Site following the posting of changes will constitute your acceptance of those changes.

Section 1 - Online Store Terms

By agreeing to these Terms of Use, you represent that you are at least of legal age in the state or province in which you reside, or that you are of legal age in the state or province in which you reside and have given us your consent to allow one of your minor dependents to use this Website.

You may not use our products for any illegal or unauthorized purpose, and you may not violate any laws in your jurisdiction (including, but not limited to, copyright laws) while using the Service.

You must not transmit any worms or viruses or any code of a destructive nature.

Breach or violation of any of the Terms will result in immediate termination of your Services.

Section 2 - General Terms

We reserve the right to refuse service at any time and for any reason.

You acknowledge that your Content (other than credit card information) is transmitted unencrypted and may involve (a) transmissions over different networks and (b) changes to conform to the technical requirements of connecting networks or devices. Credit card information is always encrypted when transmitted 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 website through which the Service is provided, without express written permission from us.

The headings used in this Agreement are for convenience only and do not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness and Timeliness of Information.

We are not responsible if the information provided on this website is not accurate, complete or current. The material on this website is for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information. Any reliance on the material on this website is at your own risk.

This website may contain certain historical information. Historical information is necessarily not current and is provided for your information only. We reserve the right to change the content of this website at any time, but are under no obligation to update the information on our website. You agree that it is your responsibility to keep track of any changes on our site.

Section 4 - Changes to service and prices

Prices for our products are subject to change without notice.

We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice.

We will 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 (if applicable).

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 in accordance with our Refund & Return Policy.

We have made every effort to represent as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor will accurately display every color.

We reserve the right, but have no obligation, to limit the sale 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 any products or services we offer. All descriptions of products or product prices are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this website is void where prohibited.

We do not warrant that the quality of any product, service, information or other material purchased or received by you 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 limitations may include orders placed from 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 email and/or billing address/phone number provided at the time the order was placed. We reserve the right to restrict or prohibit orders that, in our sole judgment, appear to have been placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we may complete your transactions and contact you as needed.

For more details, please read our Refund & Return Policy.

Section 7 - Optional Tools

We may provide you with access to third-party tools over which we have no control or influence.

You acknowledge and agree that we provide you with access to such tools "as is" and "as available" without any warranties, representations or conditions and without any endorsement. We assume no liability arising out of or related to your use of any optional third-party tools.

Any use of optional tools provided through the Website is at your own risk and discretion and you should ensure that you are familiar with and agree to the terms on which the tools are provided by the relevant third party provider(s).

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Use.

Section 8 - Third Party Links

Certain content, products and services available through our Service may contain materials from third parties.

Third party links on this Website may take you to third party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy, and we do not warrant or assume any liability or responsibility for any third party materials or websites or any other third party materials, products or services.

We are not liable for any damages incurred in connection with the purchase or use of any goods, services, resources, content or other transactions in connection with any third party websites. Please review the policies and practices of the third party providers carefully and make sure you understand them before making any transaction. Complaints, claims, concerns or questions about third-party products should be directed to the applicable third-party provider.

Section 9 - User Comments, Feedback and Other Submissions

If you submit certain submissions (e.g., contest entries) in response to our solicitation, or submit creative ideas, suggestions, proposals, plans or other materials online, by email, by mail or otherwise (collectively, "Comments") without our solicitation, you agree that we may edit, copy, publish, distribute, translate and otherwise use any Comments you submit to us in any medium at any time without restriction. We are not and will not be obligated to (1) keep any Comments confidential, (2) pay any compensation for any Comments, or (3) respond to any Comments.

We may, but have no obligation to, monitor, edit or remove any Content that we, in our sole discretion, deem unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms of Use.

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personal or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, offensive or obscene material or computer viruses or other malware that could in any way interfere with the operation of the Service or any related website. You may not use a false email address, impersonate anyone other than yourself, or otherwise mislead us or any third party as to the origin of any Comments. You are solely responsible for all comments you make and their accuracy. We assume no responsibility or liability for any Comments posted by you or any third party.

Section 10 - Personal Information

The submission of personal information by you through the Shop is governed by our Privacy Policy.

Section 11 - Errors, inaccuracies and omissions.

Occasionally, information on our Website or Service may contain typographical errors, inaccuracies or omissions, which may relate to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update any information or cancel any order if any information on the Service or any related website is inaccurate at any time without prior notice (including after you have placed your order).

We assume no obligation to update, change or clarify any information in the Service or on any related website, including, but not limited to, pricing information, except as required by law. No stated update or refresh date applied in the Service or on any related website should be construed as an indication that all information in the Service or on any related website has been changed or updated.

Section 12 - Prohibited Uses.

In addition to any other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to engage in or participate in any unlawful activity; (c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, injure, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) transmit false or misleading information; (g) upload or transmit any viruses or any other type of malicious code that in any way interferes or may interfere with the functionality or operation of the Service or any related website, other websites or the Internet; (h) collecting or tracking the personal information of others; (i) spamming, phishing, pharming, impersonating, spidering, crawling or scraping; (j) obscene or immoral purposes; or (k) compromising or circumventing the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses.

Section 13 - Exclusion of Warranties; Limitation of Liability

We do not warrant, represent or guarantee that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that we may from time to time remove the Service indefinitely or discontinue the Service at any time without notice.

You expressly agree that your use of or inability to use the Service is at your sole risk. The Service and all products and services made available to you through the Service are provided (except as expressly stated by us) "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no event shall Nove Sea, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to lost profits, lost revenues, lost savings, lost data, replacement costs or similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising out of or in any way connected with the use of the Service or any Products procured through the Service, or for any other claims, including but not limited to errors or omissions in any Content, or loss or damage of any kind incurred as a result of the use of the Service or any Content (or Products) posted, transmitted or otherwise made available through the Service, even if advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions is limited to the maximum extent permitted by law.

Section 14 - Indemnification

You agree to indemnify, defend and hold harmless Nove Sea and our parent, subsidiaries, 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.

Section 15 - Severability

In the event that any provision of these Terms of Use is determined to be illegal, invalid or unenforceable, such provision shall nevertheless remain enforceable to the fullest extent of applicable law, and the unenforceable portion shall be deemed severed from these Terms of Use, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 - Termination

The obligations and liabilities of the parties arising prior to the Termination Date shall survive the termination of this Agreement for all purposes.

These Terms of Use will be effective unless and until terminated by you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services or if you stop using our website.

If, in our sole discretion, you fail or we suspect that you are failing to comply with any term or provision of these Terms of Use, we may also terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or may accordingly deny you access to our Services (or any part thereof).

Section 17 - 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 Use and any policies or operating rules posted by us on this Site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Use).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party drafting the text.

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 Nove Sea.

Section 19 - Changes to the Terms of Service

You may review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of our Website or the Service following the posting of changes to these Terms of Use constitutes your acceptance of those changes.

Section 20 - Contact Information

Questions about the Terms of Service should be sent to contact@novesea.com.

 

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