Terms of service
Novatto Terms of Service
Last Updated: January 19, 2025
This website is operated by Novatto, Inc. (“Novatto”, “we”, “us”, or “our”). Throughout the site, the terms “you” and “your” refer to the user. Novatto offers this website, including all information, tools, and services available from this site (collectively, the “Service”) to you conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in the Service and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced herein and/or available by hyperlink (e.g., our Privacy Policy and Return Policy). These Terms apply to all users of the Site, including browsers, vendors, customers, merchants, and contributors of content. If you do not agree to all Terms, do not access or use the Site.
Any new features or tools added to the current store are also subject to these Terms. We may update these Terms from time to time by posting changes on this page. Your continued use of the Site following any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides the e-commerce platform enabling us to sell our products and services to you.
SECTION 1 — ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and you have given us your consent to allow any of your minor dependents to use the Site.
You may not use our products for any illegal or unauthorized purpose, and you must not violate any laws in your jurisdiction (including but not limited to copyright and export laws).
You must not transmit any worms, viruses, or code of a destructive nature.
A breach of any term may result in immediate termination of your access to the Service.
SECTION 2 — GENERAL CONDITIONS
We reserve the right to refuse service to anyone, for any reason, at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform to technical requirements. Credit card information is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without our express written permission.
Headings used in these Terms are for convenience only and do not limit or otherwise affect the Terms.
SECTION 3 — ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete, or current. Materials are provided for general information and should not be relied upon as the sole basis for decisions without consulting primary, more accurate, complete, or timely sources. Any reliance is at your own risk.
The Site may contain certain historical information, which is provided for reference only. We may modify contents at any time but have no obligation to update any information. You agree it is your responsibility to monitor changes.
SECTION 4 — MODIFICATIONS TO THE SERVICE & PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content) without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance.
SECTION 5 — PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products; however, we cannot guarantee your device’s display is accurate.
We reserve the right—but are not obligated—to limit sales of our products or Services to any person, geographic region, or jurisdiction on a case-by-case basis. We may limit the quantities of any products or services that we offer.
All descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 — ACCURACY OF BILLING & ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order (including orders placed under the same account, credit card, and/or using the same billing and/or shipping address). If we make a change to or cancel an order, we may attempt to notify you via the email and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store and promptly update your account and other information (including email address and payment details) so we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
SECTION 7 — OPTIONAL TOOLS
We may provide you access to third-party tools over which we neither monitor nor have any control. You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement.
We shall have no liability arising from or relating to your use of optional third-party tools. Your use is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms of the relevant third-party provider(s).
We may also, in the future, offer new services and/or features (including new tools and resources). Such features/services will also be subject to these Terms.
SECTION 8 — THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this Site may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to purchases or use of goods, services, resources, content, or any transactions made in connection with third-party websites. Please review third-party policies and practices carefully and ensure you understand them.
SECTION 9 — USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS
If you send submissions (e.g., contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials (collectively, “Comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation; or (3) to respond.
We may—but have no obligation to—monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or violates any party’s intellectual property or these Terms.
You agree your Comments will not violate any right of any third party (including copyright, trademark, privacy, personality, or other personal or proprietary right) and will not contain libelous or otherwise unlawful, abusive, or obscene material, or any malware that could affect operation of the Service. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties. You are solely responsible for the accuracy of any Comments you make.
SECTION 10 — PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy (see the “Privacy Policy” link in our footer or at checkout).
SECTION 11 — ERRORS, INACCURACIES & OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions; to change or update information; or to cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law.
SECTION 12 — PROHIBITED USES
In addition to other prohibitions set forth in the Terms, you are prohibited from using the Site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual-property rights or the intellectual-property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service for violating any prohibited use.
SECTION 13 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that results obtained from the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time, without notice.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered through the Service are (except as expressly stated by us) provided “as is” and “as available”, without any representations, warranties, or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Novatto, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any indirect, incidental, punitive, special, or consequential damages, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any part of the Service or any products procured using the Service; any errors or omissions in any content; or any loss or damage incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of the possibility. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states/jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Novatto and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed, without affecting the validity and enforceability of any remaining provisions.
SECTION 16 — TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive termination of this agreement.
These Terms are effective unless and until terminated by either you or us. You may terminate at any time by notifying us that you no longer wish to use our Services or when you cease using the Site.
If, in our sole judgment, you fail (or we suspect that you have failed) to comply with any term, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof).
SECTION 17 — ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on the Site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals (oral or written), including prior versions of the Terms.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 18 — GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict-of-laws rules, and applicable federal law.
SECTION 19 — CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the website or the Service following posting of any changes constitutes acceptance of those changes.
SECTION 20 — ELECTRONIC COMMUNICATIONS & CONSENT (Including SMS, if opted-in)
By using the Site or communicating with us electronically, you consent to receive communications from us electronically (e.g., email, site notices). If you opt in to SMS/text marketing, you consent to receive texts at the number you provide; message/data rates may apply; message frequency varies; you can opt out at any time by following the instructions in the message.
SECTION 21 — CONTACT INFORMATION
Questions about the Terms should be sent to: bob@novatto.com
Novatto, Inc.
3533 E. Corona Avenue
Phoenix, AZ 85040, United States
1.844.404.4242