TERMS OF SERVICE
UNLESS YOU AGREE TO THESE TERMS OF SERVICE YOU MAY NEITHER REGISTER NOR USE NOVOLINK INC. WEBPAGES NOR NOVOLINK INC. APPS, WHICH REGISTRATION AND USE MAY BE NECESSARY TO THE USE OF THE PRODUCT. IN THAT CASE YOU MAY REQUEST A REFUND WITHIN TEN (10) DAYS OF PURCHASE OF THE PRODUCT BY CONTACTING THE E-MAIL ADDRESS PROVIDED AT THE BOTTOM OF THIS AGREEMENT.
BY ACQUIRING, ACCESSING, OR USING the webpages provided by Novolink Inc. or the apps provided by Novolink Inc., you agree to the terms of service (hereinafter referred to as “TOS”) with Novolink Inc. This EULA governs access and use of the product’s firmware and software. (Your use of Novolink Inc.'s products and embedded/associated firmware/software are also governed by a separate “Terms of Service. And any Novolink Inc. product is governed by a limited warranty, a copy of which accompanies the product. YOU MUST BE OF LEGAL AGE AND/OR CAPACITY TO ENTER INTO A LEGAL CONTRACT if you register or use the Novolink Inc. webpages or apps; if you are not you may not register or sue them. If you register or use the Novolink Inc. webpages or apps on behalf of another, you bind that person to these TOS through your acquisition, registration or use.
Novolink Inc. (hereinafter referred to as “Novolink”) grants you a personal, limited, nonexclusive license under this TOS, not for resale or other commercial purposes. The license applies to registration and use of any webpage provided by Novolink or any app provided by Novolink, even though such webpages and apps may be acquired or accessed through third parties.
These TOS cannot be modified or waived other than in a writing subscribed to by Novolink.
Ownership of all intellectual rights - whether trademark, copyright, patent, trade secret, or other - belong exclusively to Novolink or a licensor to Novolink. Your sole rights under these TOS constitute a license. All personal data requested, collected, stored, used, and shared in connection with and the license granted hereunder are effective on the date you first register or use any Novolink webpage or download or use any Novolink app, and shall continue with any continued use thereof, without compensation..
III. UPDATE AND MODIFICATION
Novolink may update, repair, upgrade, and otherwise modify its webpages or apps at any time, and these TOS apply to any such changes. Such updates and modifications may installed into phones and other devices automatically and may be necessary for continued function of the product, without any notice to you or consent to you. If you do not continue to consent to these TOS after any update or modification, your sole and exclusive recourse is to stop use of the product, the webpages, and the apps. Continued use of Novolink products, webpages, or apps constitutes your agreement to these TOS in regard to any such changes.
Any portion of the webpages or apps that are subject to an open source license is owned by third parties other than Novolink. Such open source firmware/software is not subject to these TOS, but is instead governed and licensed under any agreements or other requirements by those third parties.
These TOS are effective immediately upon your registration, access, and use of any Novolink webpage or downloading or use of any Novolink app, and shall remain in effect until you no longer own the associated product, and no longer have any downloaded apps, and no longer access any Novolink webpages, or until terminated. Novolink may terminate these TOS at any time for your failure to comply with any term. You may terminate these TOS through giving up ownership of the product, and stopping access to any Novolink webpages, and no longer have any downloaded apps. In any termination, the license is terminated but the remaining provisions of this agreement remain in full force and effect.
V. LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOVOLINK IS NOT LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES RELATING TO THE PRODUCTS, WEBPAGES, OR APPS, EVEN IF NOVOLINK KNEW OR SHOULD HAVE KNOWN OF THE REASONABLE POSSIBILITY OF SUCH DAMAGES.
NOVOLINK’S TOTAL AND CUMULATIVE LIABILITY RELATED TO THE PRODUCTS, WEBPAGES, OR APPS, WHETHER IN CONTRACT OR TORT OR IN EQUITY OR OTHERWISE, WILL NOT EXCEED THE COST PAID BY YOU FOR THE PRODUCT, WEBPAGES, OR APP. THIS LIMITATION APPLIES TO BOTH SINGLE CLAIMS AND MULTIPLE CLAIMS RELATED TO THE PRODUCT, WEBPAGES, OR APPS.
TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOVOLINK PROVIDES THE PRODUCTS, WEBPAGES, AND APPS “AS-IS” AND DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OTHER WARRANTIES AND CONDITIONS - WHETHER EXPRESS OR IMPLIED, OR IMPOSED BY LAW.
THE PRODUCTS, WEBPAGES, AND APPS DO NOT PROVIDE ANY MONITORING OR AUTOMATED POLICE, FIRE, OR OTHER EMERGENCY RESPONSE. NOVOLINK DISCLAIMS ALL LIABILITY RELATED TO NONRESPONSE OF SUCH POLICE, FIRE, OR EMERGENCY SERVICES.
YOU USE THE PRODUCTS WEBPAGES, AND APPS AT YOUR OWN RISK, AND ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ALL INJURIES AND DAMAGES TO PERSON OR PROPERTY OR OTHER FROM THAT USE.
This limitation of liability does not intend to exclude liability that cannot be excluded by public policy or otherwise under applicable law.
VI. GOVERNING LAW AND FORUM. Any claim, dispute, action, cause of action, issue, or request for relief relating to these TOS, will be governed by the laws of California, without giving effect to any conflicts of laws principles. The sole and exclusive forum for any lawsuit related to these TOS is a court located in the County of San Bernardino, State of California, and you submit to the jurisdiction and venue of any such court in any such lawsuit, claim or dispute. Novolink may seek injunctive relief to protect intellectual property rights in other courts.
All inquiries concerning these TOS please contact Novolink Inc. first.