Terms of Use
The following terms (“Terms of Use”) constitute an agreement between Nova Observer and you that governs your use of our website and all of its associated services, content, and functionality. This policy applies to the website administered by Nova Observer (“Website”), located at http://novaobserver.com.
Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. We reserve the right to modify, alter, amend or update its Website, policies, and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.
Disclaimer
Nova Observer provides general educational information on various topics on this website as a public service, which should not be construed as professional, financial, real-estate, tax or professional advice. Opinions expressed by the contributor represent the contributor only.
The term “you” refers to anyone who uses, visits and/or views the website.
Please read this Disclaimer carefully, and I reserve the right to modify it at any time without notice. By visiting and using this website, you accept and agree to be bound by this Disclaimer along with our Terms and Conditions and Privacy Policy. Your continued use of the website constitutes your acceptance of future changes and updates to this Disclaimer. You must not access or use the website if you do not wish to be bound by this Disclaimer.
Although our content creators are professionals in various fields and hold degrees and titles, Nova Observer and it’s team are not your professional consultants. All content and information on this website is for informational and educational purposes only, does not constitute professional advice and does not establish any kind of professional-client relationship by your use of this website. A professional-client relationship with you is only formed after we have expressly entered into a written agreement with you that you have signed including our fee structure and other terms to represent you in a specific matter. Although we strive to provide accurate general information, the information presented here is not a substitute for any kind of professional advice, and you should not rely solely on this information. Always consult a professional in the area for your particular needs and circumstances prior to making any professional, legal, medical, and financial or tax-related decisions.
All the information on this website – www.novaobserver.com – is published in good faith and for general information purpose only. Nova Observer does not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information you find on this website (Nova Observer), is strictly at your own risk. Nova Observer will not be liable for any losses and/or damages in connection with the use of our website.
From our website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone ‘bad’.
Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their “Terms of Service” before engaging in any business or uploading any information.
Your responsibility in using the website
The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. We make no representations, warranties, or guarantees. You understand that results may vary from person to person. We assume no responsibility for errors or omissions that may appear in the Website.
Use of the website
Unless otherwise stated, we own the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:
- Republication, redistribution, sale, rental, or sub-licensing of content from the Website;
- Reproduction or duplication of any content on the Website for commercial purposes;
- Modification of any content on the Website;
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of our intellectual property rights. Such use is a limited license to republish the content on the approved social media channels only, with attribution to us.
Prohibited use of the website
You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Website without our express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments.
You must not use the Website for any third-party marketing without our express written permission.
Copyright
Unless otherwise noted, the design, content, and all components of the Website are copyrights owned by us or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
Trademarks
Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits us or our owners.
From time to time, the Website will legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners and we makes no claim of ownership.
Content contributed to the website
In limited circumstances, you may contribute content to the Website, including, but not limited to, comments, posts, or submissions. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you, us, or a third party.
We reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on our servers; or, (iii) hosted or published on the Website. We take no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding our rights under the Terms of Use, we do not undertake to monitor the submission of all content to, or the publication of such content on, the Website.
Grant of rights
You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant us the right to sub-license these rights and the right to bring an action for infringement of these rights.
Comment policy
The Website offers the option for you to leave comments, engaging with the Website’s posts. The following types of comments will not be tolerated and will be deleted:
- harassment directed toward any content creator or Nova Observer;
- spam;
- hate speech;
- defamatory statements regarding us or any third party;
- references to illegal acts; or,
- comments that may violate the legal rights of a third party.
Our sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.
Affiliate marketing
We may partner with other businesses or become part of different affiliate marketing programs whose products or services may be promoted or advertised on the website in exchange for commissions and/or financial rewards when you click and/or purchase those products or services through our affiliate links.
We may also recommend other products, services, coaches and consultants but no such reference is intended to be an endorsement or statement that such information provided is accurate. We recommend these based on our personal experiences but it is still your responsibility to conduct your own due diligence to ensure you have obtained complete accurate information about such product, services, coaches and consultants.
We are a participant in the Amazon Services LLC Associates Program, which is an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com as well as other affiliate programs.
These affiliate or third party relationships in no way compromise the integrity of the content, information, services and materials being presented to you here, and you are under no obligation to click on these affiliate links to purchase those products or services being offered. These affiliate programs are selected based on personal experiences and preferences.
Although we provide these affiliate links on the website for your convenience, we have no control over these external websites and they are solely responsible for their own content and information presented. Therefore, Nova Observer, l and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with us cannot be held liable or responsible for any content presented on these external websites and for any damages resulting from them.
FTC Disclosure
We may include sponsored blog posts on our website from time to time for products or services we recommend or those that have been valuable in our personal experience or use. We share this information as examples to you but it does not serve as a guarantee or promise of any kind for your results and successes if you decide to use the same information, reviews, products, services, tips and techniques offered here. You are encouraged to perform your own due diligence and research and are solely responsible for your earnings and results. Your earning potential and results are contingent upon your personal circumstances, abilities, experience and skills. Therefore, you agree not to hold us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us liable for any of your successes or failures directly or indirectly related to the information, reports, reviews, products and/or services presented to you here.
Additional information regarding content
We may disclose our income reports and success results of our current or former customers including product reviews and testimonials on the website from time to time. These income reports, product reviews and testimonials are accurate and strictly for informational purposes only. We share this information as examples to you but it does not serve as a guarantee or promise of any kind for your results and successes if you decide to use the same information, reviews, products, services, tips and techniques offered here. You are encouraged to perform your own due diligence and research and are solely responsible for your earnings and results. Your earning potential and results are contingent upon your personal circumstances, abilities, experience and skills. Therefore, you agree not to hold us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us liable for any of your successes or failures directly or indirectly related to the information, reports, reviews, products and/or services presented to you here.
Communication
If you send us an email, register to use the Website, or provide your email to us in any other way, you consent to receive communications from us electronically. You agree that all legal notices provided via electronic means from us satisfy any requirement for written notice.
Third Parties
The Website may contain links to third-party websites that are not governed or controlled by us. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relate to your use of the Website. We assume no control or liability over the content of any third-party sites. You expressly hold us harmless from any and all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold us harmless from any and all liability in any dispute.
No Warranties
All content, information, products and/or services on the website are “as is” and “as available” basis without any representations or warranties of any kind including the warranties of merchantability or fitness for any purpose, express or implied to the full extent permissible by law. The company makes no representations or warranties as to the content, information, materials, products and/or services provided on this website. The company makes no warranties that the website will perform or operate to meet your requirements or that the information presented here will be complete, current or error-free. The company disclaims all warranties, implied and express for any purpose to the full extent permitted by law.
Limitation of Liabilities
You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.
You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, outcome of your actions, personal and business results, and for all other use in connection with the website.
You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; 3) any theft or unauthorized access by third-party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.
Indemnity
You agree to defend, indemnify and hold us, our members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which we suffer as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
Arbitration
The Terms of Use will be governed and construed in accordance with the laws of the State of New York. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Nassau County, New York. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
Miscellaneous Provisions
If any provision(s) of the Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms of Use may not be assigned by you without our prior written consent; however, the Terms of Use may be assigned by us in its sole discretion.
The Terms of Use are the final, complete, and exclusive agreement of the parties with respect to the Website offered by us.
All notices with respect to the Terms of Use must be in writing and may be via email to legal@novaobserver.com for us and to your email address.
