Terms and Conditions
Please Read The Following Terms And Conditions Of Use Carefully Before Using This Website effective (February 27, 2009).
All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
You assume total responsibility and risk for your use of the site and the internet. Novalis Integra provides the site and related information “as is” and does not make any express or implied warranties, representations or endorsements, except those explicitly stated, with regard to any service, any products, any publications or information provided through Novalis Integra or on the internet generally. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, products, publications and other information provided through the Novalis Integra website or on the internet generally. Novalis Integra does not warrant that the service will be uninterrupted or error-free.
Novalis Integra is not responsible for the misuse and/or abuse of any product, publication or service sold as a result of a consumer using this website, nor is Novalis Integra responsible for any problems or difficulties which may arise through consumer use of products, publications or services sold by Novalis Integra.
Purchase and Payment. Under this Agreement, Novalis Integra agrees to provide to you, and you agree to purchase from Novalis Integra, the Novalis Integra Product, Novalis Integra Publication, or Novalis Integra Service described in your Order. You also agree to pay the purchase price shown on the Novalis Integra website for the Novalis Integra Product, the Novalis Integra Publication or Novalis Integra Service that you have ordered.
If you have purchased a Novalis Integra Service for which there is an ongoing subscription or other fee, you agree to pay that fee for so long as you continue to use the Novalis Integra Service. You may cancel the Novalis Integra Service at any time by sending an email to Novalis Integra at ClientSuppost@NovalisIntegra.com, after which you will not be charged any further fees for ongoing use of the Novalis Integra Service. Your obligation to purchase and pay for also applies to any Novalis Integra Products, Novalis Integra Publications, and Novalis Integra Services that are offered to you as a “trial offer” unless and until you cancel your use of those Novalis Integra Products, Novalis Integra Publications or Novalis Integra Services.
Novalis Integra Materials. Novalis Integra Publications and any newsletters and other materials that you may receive without charge from Novalis Integra as part of a Novalis Integra Service (collectively, “Novalis Integra Materials”) are the exclusive property of Novalis Integra and are protected by copyright and other applicable laws. The Novalis Integra Materials are for your own personal use. Unless otherwise stated, you may print or download information from this site for personal, non-commercial use only, provided you identify the source of the material and include a statement that the materials are protected by copyright law. Permission to reprint or otherwise reproduce additional copies of Novalis Integra Materials in whole or in part is prohibited, unless prior written consent is obtained from Novalis Integra.
Forums. In some instances, your purchase of Novalis Integra Services may include access to live question and answer conference calls, online discussion forums and similar interactive communications (collectively, “Forums”). If you participate in Forums, you must comply with Novalis Integra’s Acceptable Use Policy (available at http://www.NovalisIntegra.com/acceptable-use-policy-aup/ and any other rules set out by Novalis Integra for participants in Forums. If you fail to comply with Novalis Integra’s Acceptable Use Policy and other rules, Novalis Integra may suspend or terminate your access to the Forums.
Discounts. Novalis Integra may offer you various discounts, savings and other benefits on products, publications or services of Novalis Integra or its affiliates in connection with your purchase of Novalis Integra Products, Novalis Integra Publications or Novalis Integra Services. Novalis Integra does not guarantee the availability of particular discounts, savings or other benefits on specific products or services, and any discounts, savings or benefits are subject to change, time limits, and conditions as may be determined by Novalis Integra in its discretion from time to time.
Guarantee. Novalis Integra may offer a time-limited, service, or money-back guarantee on some Novalis Integra Products, Novalis Integra Publications, and Novalis Integra Services. If there is a guarantee applicable to the Novalis Integra Product, Novalis Integra Publication, or Novalis Integra Service that you have purchased, that guarantee is as set out on the applicable product page of the Novalis Integra website at the time you purchased the Novalis Integra Product, Novalis Integra Publication and Novalis Integra Service (the “Guarantee”). If during the time-limited period of your Guarantee period you are not satisfied with the Novalis Integra Product, Novalis Integra Publication, or Novalis Integra Service you purchased, Novalis Integra will refund the purchase price to you. This is your sole and exclusive remedy against Novalis Integra and Novalis Integra’s sole and exclusive liability and obligation to you in connection with your purchase of any Novalis Integra Product, Novalis Integra Publication, or Novalis Integra Service or anything arising out of or relating to that purchase or this Agreement.
Exclusion/Limitation Of Liability. Notwithstanding any other provision of this Agreement, and to the maximum extent permitted by applicable law: (a) Novalis Integra’s liability (if any) under this Agreement or otherwise is limited to the purchase price paid by you for the Novalis Integra Product, Novalis Integra Publication, or Novalis Integra Service, and in no event will Novalis Integra be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage, arising from, connected with, or relating to this Agreement, the subject matter of this Agreement, any Novalis Integra Product, Novalis Integra Publication, or Novalis Integra Service or otherwise, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by Novalis Integra or any person for whom Novalis Integra is responsible, and even if Novalis Integra has been advised of the possibility of such potential loss or damage being incurred; and (b) in no event will Novalis Integra’s total aggregate liability to You or any other person under this Agreement or otherwise, under any contract, negligence, strict liability or other legal or equitable theory, regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by Novalis Integra or any person for whom Novalis Integra is responsible, and even if Novalis Integra has been advised of the possibility of such potential loss or damage being incurred, exceed the purchase price paid by You to Novalis Integra for the Product, Publication or Service. In this paragraph, “Novalis Integra” includes Novalis Integra and its past, present and future directors, officers, employees, agents, representatives, subcontractors, service providers, successors, permitted assigns, and related persons.
Governing Law and Disputes. This Agreement and all related matters will be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to conflict of laws rules. All disputes relating to this Agreement shall be resolved before the Courts of the Province of Ontario sitting in Toronto, and you hereby irrevocably submit to the jurisdiction of the courts of the Province of Ontario and waive any objection that you may now or hereafter have based on inconvenient forum for such proceedings. The United Nations Convention on the International Sale of Goods will not apply to this Agreement.
Other Rights. The exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to you.
Miscellaneous. You represent that you are of legal age to enter into binding contracts under the laws of the jurisdiction where you reside. If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of any such severance this Agreement would fail in its essential purpose. This Agreement will enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, personal representatives, successors and assigns. This Agreement sets forth the entire agreement and understanding of you and Novalis Integra with respect to the subject matter of this Agreement and supersedes any and all previous communications, representations, negotiations, discussions, agreements or understanding, whether oral or written, between you and Novalis Integra with respect to the subject matter of this Agreement. Purchase prices are exclusive of shipping and handling charges and any applicable taxes, customs or duties.