Terms & Conditions

NOVELSECURITY.COM Terms of Use

Last Modified: October 1, 2018


Acceptance of the Terms of Service

Welcome  to the website of Novel Security. ("Novel Security", "we" or "us"). The  following terms and conditions (these "Terms of Service"), govern your  access to and use of novelsecurity.com, including any content,  functionality and services offered on or through novelsecurity.com (the  "Website").

Please read the Terms of Service carefully before you  start to use the Website. BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF  SERVICE WHEN SIGNING UP FOR AN ACCOUNT, YOU ACCEPT AND AGREE TO BE  BOUND AND ABIDE BY THESE TERMS OF SERVICE. IF YOU DO NOT WANT TO AGREE  TO THESE TERMS OF SERVICE, YOU WILL NOT HAVE ACCESS OR USE OF THE  WEBSITE.

IF YOU ARE REGISTERING AN ACCOUNT OR USING THE WEBSITE ON  BEHALF OF AN INDIVIDUAL OR ENTITY OTHER THAN YOURSELF, YOU REPRESENT  THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL OR ENTITY TO ACCEPT THESE  TERMS OF SERVICE ON SUCH INDIVIDUAL'S OR ENTITY'S BEHALF.


Authorized Users

You  must be 18 years of age or over to register with us or use the Website.  If you are between the ages of 13 and 18 you can use the Website only  under the supervision of a parent or guardian who has agreed to these  Terms of Service. If you are under the age of 13, you may not use this  Website.

If you register for an account in the name of a corporate  entity, you represent that you have full corporate power and authority  to enter into these Terms of Service on behalf of the entity and to bind  the entity to the obligations in these Terms of Service.  By using this  Website, you represent and warrant that you meet all of the foregoing  eligibility requirements. If you do not meet all of these requirements,  you shall not be provided access to use the Website and you shall not  otherwise access or use the Website.


Changes to the Terms of Service

We  may revise and update these Terms of Service from time to time in our  sole discretion. All changes are effective immediately when we post  them.  Your continued use of the Website following the posting of  revised Terms of Service means that you accept and agree to the changes.  YOU ARE EXPECTED TO CHECK THIS PAGE SO YOU ARE AWARE OF ANY CHANGES, AS  THEY ARE BINDING ON YOU. For certain  types of updates and revisions, we may decide, in our sole discretion,  to notify you of such changes via email or other method of written  notice. 


Accessing the Website and Account Security

You are responsible for:

·               Making all arrangements necessary for you to have access to the Website.

·                Ensuring that all persons who access the Website as your agent or  through your internet connection are aware of these Terms of Service and  comply with them.

To access the Website or some of the resources  it offers, you may be asked to provide certain registration details or  other information. It is a condition of your use of the Website that all  the information you provide on the Website is correct, current and  complete.

You may be provided with a username and password to  access the Website. You must treat your username, password or any other  piece of information utilized as part of our security procedures as  confidential, and you must not disclose it to any other person or  entity. You also acknowledge that your account is personal to you and  your entity and agree not to provide any other person with access to  this Website or portions of it using your user name, password or other  security information. You agree to notify us immediately of any  unauthorized access to or use of your user name or password or any other  breach of security. You also agree to ensure that you exit from your  account at the end of each session. You should use particular caution  when accessing your account from a public or shared computer so that  others are not able to view or record your password or other personal  information.

From time to time, we may restrict access to some  parts of the Website, or the entire Website, to users, including  registered users. We have the right to disable any account, whether  chosen by you or provided by us, at any time if, in our opinion, you  have violated any provision of these Terms of Service.


Intellectual Property Rights

The  Website and its entire contents, features and functionality (including  but not limited to all information, software, text, images,  visualizations, video and audio, and the design, selection and  arrangement thereof), are owned by Novel Security, its licensors or  other providers of such material and are protected by United States and  international copyright, trademark, patent, trade secret and other  intellectual property or proprietary rights laws.

If you print,  copy, modify, download or otherwise use or provide any other person with  access to any part of the Website in breach of the Terms of Service,  your right to use the Website will cease immediately and you must, at  our option, return or destroy any copies of the materials you have made.  No right, title or interest in or to the Website or any content on the  Website is transferred to you, and all rights not expressly granted are  reserved by Novel Security. Any use of the Website not expressly  permitted by these Terms of Service is a breach of these Terms of  Service and may violate copyright, trademark and other laws.


Trademarks

The  Novel Security name, Novel Security logo and all related names, logos,  product and service names, designs and slogans are trademarks of Novel  Security, or its affiliates or licensors. You must not use such marks  without the prior written permission of Novel Security. All other names,  logos, product and service names, designs and slogans on this Website  are the trademarks of their respective owners.


User Contributions

You  represent and warrant that you own or control all rights in and to any  content including, without limitation, all data contained on information  posted to the Website and have the right to grant the license granted  above to us and our service providers, and each of their and our  respective licensees, successors and assigns and that all content posted  to the Website complies with these Terms of Service.

You  understand and acknowledge that you are responsible for any content you  submit or contribute to the Website, and you, not Novel Security, have  full responsibility for such content, including its legality,  reliability, accuracy and appropriateness. Your content and  contributions must in their entirety comply with all applicable federal,  state, local and international laws and regulations must not infringe  any patent, trademark, trade secret, copyright or other intellectual  property or other rights of any other person; be likely to deceive any  person; or impersonate any person, or misrepresent your identity or  affiliation with any person or organization.

This Website includes  content provided by third parties, including materials provided by  other users. All statements and/or opinions expressed in these  materials, and all articles and responses to questions and other  content, other than the content provided by Novel Security, are solely  the responsibility of the person or entity providing those materials. We  are not responsible, or liable to you or any third party, for the  content or accuracy of any materials provided by any third parties.


Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

·                In any way that violates any applicable federal, state, local or  international law or regulation (including, without limitation, any laws  regarding the export of data or software to and from the US or other  countries).

·               To transmit, or procure the sending  of, any advertising or promotional material except as explicitly  authorized under your account settings or otherwise authorized by Novel  Security. "Junk mail", "chain letters" or "spam" or any other similar  solicitation is strictly prohibited.

·               To engage in  any other conduct that restricts or inhibits anyone's use or enjoyment  of the Website, or which, as determined by us, may harm Novel Security  or users of the Website or expose them to liability.

Additionally, you agree not to:

·               Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

·                Use the Website in any manner that could disable, overburden, damage, or  impair the site or interfere with any other party's use of the Website,  including their ability to engage in real time activities through the  Website.

·               Use any robot, spider or other automatic  device, process or means to access the Website for any purpose,  including monitoring or copying any of the material on the Website.

·                Use any manual process to monitor or copy any of the material on the  Website or for any other unauthorized purpose without our prior written  consent.

·               Introduce any viruses, worms, or other material which is malicious or technologically harmful.

·                Attempt to gain unauthorized access to, interfere with, damage or  disrupt any parts of the Website, the server on which the Website is  stored, or any server, computer or database connected to the Website.

·               Use any device, service or routine, or otherwise attempt to interfere with the proper working of the Website.


Linking to the Website

You  may link to our homepage, provided you do so in a way that is fair and  legal and does not damage our reputation or take advantage of it, but  you must not establish a link in such a way as to suggest any form of  association, approval or endorsement on our part without our express  written consent. Subject to the foregoing, you must not:

·               Establish a link from any website that is not owned by you.

·                Cause the Website or portions of it to be displayed, or appear to be  displayed by, for example, framing, deep linking or in-line linking, on  any other site.

·               Link to any part of the Website other than the homepage.

·                Otherwise take any action with respect to the materials on this Website  that is inconsistent with any other provision of these Terms of Use.

You  agree to cooperate with us in causing any unauthorized framing or  linking immediately to cease. We reserve the right to withdraw linking  permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.


International Restrictions

The  owner of the Website is based in the state of Texas in the United  States. We make no claims that the Website or any of its content is  accessible or appropriate outside of the United States. If you access  the Website from outside the United States, you do so on your own  initiative and are responsible for compliance with local laws.


Disclaimer of Warranties

You  understand that we cannot and do not guarantee or warrant that files  available for downloading from the internet or the Website will be free  of viruses or other destructive code. You are responsible for  implementing sufficient procedures and checkpoints to satisfy your  particular requirements for anti-virus protection and accuracy of data  input and output, and for maintaining a means external to our site for  any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS  OR DAMAGE CAUSED BY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT  YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY  MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS  OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL  POSTED ON IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY  SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE  WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE  WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY  WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NOVEL  SECURITY NOR ANY PERSON ASSOCIATED WITH NOVEL SECURITY MAKES ANY  WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,  RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT  LIMITING THE FOREGOING, NEITHER NOVEL SECURITY NOR ANYONE ASSOCIATED  WITH NOVEL SECURITY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT  OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE,  RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED,  THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES  OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS  OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR  EXPECTATIONS.

NOVEL SECURITY HEREBY DISCLAIMS ALL WARRANTIES OF  ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING  BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT  AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Limitation on Liability

IN  NO EVENT WILL NOVEL SECURITY, ITS AFFILIATES OR THEIR LICENSORS,  SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE  FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE  DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND  SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF  BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS  OF DATA, WHETHER IN BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY,  MISREPRESENTATIONS  OR UNDER ANY OTHER LEGAL THEORY, EVEN IF  FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY  TO USE, THE WEBSITE, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES  OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER  WEBSITES.

NOVEL SECURITY’S MAXIMUM TOTAL LIABILITY FOR ANY REASON  AND UPON ANY CAUSE OF ACTION INCLUDING WITHOUT LIMITATION, BREACH OF  CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER  TORTS, IS LIMITED TO ALL FEES PAID BY YOU TO NOVEL SECURITY DURING THE  SIX MONTH PERIOD PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO  SUCH LIABILITY. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Governing Law, Legal Disputes and Jurisdiction

All  matters relating to the Website and these Terms of Use and any dispute  or claim arising therefrom or related thereto (in each case, including  non-contractual disputes or claims), shall be governed by and construed  in accordance with the internal laws of the State of Texas without  giving effect to any choice or conflict of law provision or rule  (whether of the State of Texas or any other jurisdiction).

Any  legal suit, action or proceeding arising out of, or related to, these  Terms of Use or the Website shall be instituted exclusively in the  federal courts of the United States or the courts of Dallas County,  Texas.  You waive any and all objections to the exercise of jurisdiction  over you by such courts and to venue in such courts.


Limitation on Time to File Claims

ANY  CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO  THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR  AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR  CLAIM IS PERMANENTLY BARRED.


Waiver and Severability

No  waiver by Novel Security of any term or condition set forth in these  Terms of Service shall be deemed a further or continuing waiver of such  term or condition or a waiver of any other term or condition, and any  failure of Novel Security to assert a right or provision under these  Terms of Service shall not constitute a waiver of such right or  provision.

If any provision of these Terms of Service is held by a  court or other tribunal of competent jurisdiction to be invalid,  illegal or unenforceable for any reason, such provision shall be  eliminated or limited to the minimum extent such that the remaining  provisions of the Terms of Service will continue in full force and  effect.


Entire Agreement

The Terms of Use as well as any Software as a Service Subscription Agreement (“SaaS Agreement”)  with Novel Security constitute the entire agreement between you and  Novel Security, with respect to the Website and supersede all prior and  contemporaneous understandings, agreements, representations and  warranties, both written and oral, with respect to the Website. In the  event of a conflict between a SaaS Agreement and these Terms of Use, the  SaaS Agreement will govern.

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