Terms of Service

Welcome to Nuviora. These Terms of Service ("Terms") govern your use of our website and services. By accessing and using this website, you agree to be bound by these Terms. If you do not agree to any part of these Terms, please do not use our website.

1. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Nuviora's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• Modify or copy the materials
• Use the materials for any commercial purpose or for any public display (commercial or non-commercial)
• Attempt to decompile or reverse engineer any software contained on the website
• Remove any copyright or other proprietary notations from the materials
• Transfer the materials to another person or "mirror" the materials on any other server
• Violate any applicable laws or regulations in your use of the materials

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Nuviora at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

2. Disclaimer

The materials on Nuviora's website are provided on an 'as is' basis. Nuviora makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Nuviora does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

All products and services offered through this website are provided "as is" without warranty of any kind. We do not guarantee that the website will be uninterrupted, error-free, or free from harmful components. Your use of the website and its materials is entirely at your own risk.

3. Limitations

In no event shall Nuviora or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Nuviora's website, even if Nuviora or a Nuviora authorized representative has been notified orally or in writing of the possibility of such damage.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages, which means some of the above limitations may not apply to you. However, in such cases, the limitation shall be applied to the maximum extent permitted by applicable law.

4. Accuracy of Materials

The materials appearing on Nuviora's website could include technical, typographical, or photographic errors. Nuviora does not warrant that any of the materials on its website are accurate, complete, or current. Nuviora may make changes to the materials contained on its website at any time without notice.

We strive to provide accurate and up-to-date information about our products and services. However, we do not guarantee the accuracy of all information displayed on our website. Product descriptions, pricing, availability, and specifications are subject to change without notice. We recommend verifying product information before making a purchase.

If you discover any inaccuracies or errors on our website, please contact us immediately at [email protected] so we can correct them.

5. Links

Nuviora has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Nuviora of the site. Use of any such linked website is at the user's own risk.

Our website may contain links to third-party websites that are not under our control. We are not responsible for the content, accuracy, or practices of these external sites. We recommend reviewing the terms and privacy policies of any third-party websites before providing your personal information or engaging with their services.

If you encounter any broken links or problematic external content on our website, please report it to us at +1 (212) 736-3100 or email us at [email protected].

6. Modifications

Nuviora may revise these terms of service for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these terms of service. We encourage you to review these Terms periodically to stay informed of any changes.

Material changes to these Terms will be communicated to you through prominent notices on the website or via email to the address you provided during registration. Your continued use of the website following the posting of revised Terms means that you accept and agree to the changes.

If you do not agree to the revised Terms, you should discontinue your use of the website immediately. We reserve the right to modify, suspend, or discontinue the website or any services offered at any time.

7. Governing Law

The materials appearing on Nuviora's website are governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflicts of law provisions. Any legal action or proceeding arising out of or related to these Terms or your use of the website shall be brought exclusively in the courts located in New York County, New York.

You hereby consent to the exclusive jurisdiction and venue of these courts and waive any objection to the venue or inconvenience of the forum. By accessing and using this website, you agree to submit to the personal jurisdiction of the courts located in New York.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

8. User Responsibilities

As a user of Nuviora's website, you agree to comply with all applicable laws, regulations, and these Terms. You are responsible for maintaining the confidentiality of any account information and passwords associated with your use of the website. You agree to accept responsibility for all activities that occur under your account.

You agree not to use the website for any unlawful purposes or in any way that could damage, disable, or impair the website. Prohibited conduct includes:

• Harassing, threatening, or abusing other users
• Posting or transmitting obscene, offensive, or defamatory content
• Attempting to gain unauthorized access to the website or its systems
• Interfering with the website's normal operation
• Collecting or tracking personal information of other users without consent
• Engaging in any form of fraud, phishing, or deception

Nuviora reserves the right to suspend or terminate your account and access to the website if you violate these Terms or engage in any prohibited conduct.

9. Intellectual Property Rights

All content on Nuviora's website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and data compilations, is the property of Nuviora or its content suppliers and is protected by international copyright laws. The compilation of all content on this website is the exclusive property of Nuviora and is protected by international copyright laws.

You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, or sell any content appearing on this website without the express written permission of Nuviora or the respective copyright holder. All trademarks, service marks, and logos displayed on the website are the property of their respective owners.

If you believe that any content on our website infringes your intellectual property rights, please contact us immediately with details of the infringement. We will investigate and take appropriate action as permitted by law.

10. Third-Party Content and Services

Nuviora's website may contain content from third parties, including user-generated content, advertisements, and sponsored materials. Nuviora is not responsible for the accuracy, completeness, or quality of third-party content. We do not endorse any third-party products, services, or opinions expressed in such content.

If you submit any content to our website, including reviews, comments, or feedback, you grant Nuviora a non-exclusive, royalty-free, perpetual license to use, reproduce, modify, and distribute such content. You represent and warrant that you own or have the necessary rights to submit such content and that it does not infringe any third-party rights.

We reserve the right to remove any user-generated content that violates these Terms or is otherwise inappropriate, offensive, or illegal.

11. Limitation of Liability

To the fullest extent permitted by applicable law, Nuviora shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the website, even if Nuviora has been advised of the possibility of such damages.

Nuviora's total liability to you for any claims arising out of or related to these Terms or your use of the website shall not exceed the amount you have paid to Nuviora in the twelve months preceding the claim, or $100, whichever is greater.

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so this limitation may not apply to you in full. In such cases, Nuviora's liability shall be limited to the maximum extent permitted by applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Nuviora, its officers, directors, employees, agents, and successors from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the website or violation of these Terms
• Your violation of any applicable law or regulation
• Your infringement of any third-party intellectual property rights
• Any content you submit to the website
• Any claims by third parties arising from your actions or omissions

This indemnification obligation shall survive the termination of these Terms and your use of the website.

13. Termination and Suspension

Nuviora reserves the right to terminate or suspend your access to the website at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to, violation of these Terms, engaging in illegal activities, or conduct that Nuviora determines, in its sole discretion, to be harmful or inappropriate.

Upon termination, your right to use the website immediately ceases. You remain responsible for any obligations incurred prior to termination. Sections of these Terms that by their nature should survive termination, including but not limited to Intellectual Property Rights, Limitation of Liability, and Indemnification, shall survive termination.

If your account is suspended or terminated, you may appeal the decision by contacting us at [email protected] with details of your situation.

14. Privacy and Data Protection

Your use of Nuviora's website is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. Please review our Privacy Policy to understand our practices regarding data collection and privacy.

By using this website, you consent to the collection and use of your information as described in our Privacy Policy. We are committed to protecting your personal information and maintaining your privacy in accordance with applicable data protection laws.

For more information about how we handle your data, please visit our Privacy Policy page.

15. Cookies and Tracking Technologies

Nuviora uses cookies and similar tracking technologies to enhance your experience on our website. Cookies are small text files stored on your device that help us remember your preferences and track your activity.

By using our website, you consent to our use of cookies as described in our Cookie Policy. You can control cookie settings through your browser preferences, though some features of the website may not function properly if cookies are disabled.

For detailed information about the cookies we use and how to manage your preferences, please refer to our Cookie Policy.

16. Contact Information and Support

If you have any questions, concerns, or disputes regarding these Terms of Service, or if you need to report a violation, please contact us using the information below:

We are committed to resolving any issues promptly and fairly. We encourage you to reach out with any questions or concerns.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision shall be severed.

The remaining provisions of these Terms shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy, Cookie Policy, and any other policies or agreements posted on the website, constitute the entire agreement between you and Nuviora regarding your use of the website and supersede all prior negotiations, understandings, and agreements.

If there is any conflict between these Terms and any other agreement or policy, these Terms shall prevail unless expressly stated otherwise in writing by an authorized representative of Nuviora.

No course of dealing or trade practice shall be deemed to modify these Terms unless expressly agreed to in writing by both parties.

19. Waiver

The failure of Nuviora to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. If Nuviora waives any breach of these Terms, such waiver shall not constitute a waiver of any subsequent breach.

Any waiver must be in writing and signed by an authorized representative of Nuviora to be valid and binding.

20. Changes to These Terms

Nuviora reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting to the website. Your continued use of the website following the posting of revised Terms constitutes your acceptance of the changes.

We recommend reviewing these Terms periodically to stay informed of any updates. If you do not agree with the revised Terms, you should discontinue your use of the website.

The date of the last update to these Terms will be displayed at the bottom of this page. If you have questions about the changes, please contact us at [email protected].

Last Updated: January 2024