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Terms and Conditions

Introduction

The use of this site is governed by the policies, terms and conditions set forth below (“Terms and Conditions of Use”). Please read them carefully. Your use of this site indicates your acceptance of these Terms and Conditions of Use. Your submittal of any personal information to Novum Nano, LLC indicates acceptance of these Terms and Conditions of Use. These Terms and Conditions of Use shall supersede any subsequent terms or conditions included within this website, whether or not such terms or conditions are signed by Novum Nano, LLC. Novum Nano, LLC reserves the right to make changes to this site and these Terms and Conditions of Use at any time.

Intellectual property rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, 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. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print [or download] one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.


You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  • You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@novumnano.com.

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 Use, your right to use the Website will stop 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 the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Copyright and trademark notices

All contents and graphics on this site are copyrights of Novum Nano, LLC, except where noted, and the related logos are trademarks of Novum Nano, LLC. Other products and company names mentioned herein may be the trademarks or tradenames of their respective owners.

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).

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

  • To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses [or screen names] associated with any of the foregoing).
  • 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 the Company or users of the Website or expose them to liability.
  • Additionally, you agree not to:
  • 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.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that 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.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Content standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy https://novumnano.com/privacy-policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Disclaimer of warranties

THE INFORMATION, MATERIALS, SERVICES AND PRODUCTS INCLUDED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. NOVUM NANO, LLC MAY MAKE CHANGES OR IMPROVEMENTS TO THIS SITE AT ANY TIME. THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NOVUM NANO, LLC DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOVUM NANO, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL ON THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOVUM NANO, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.

Novum Nano, LLC will not be liable for:

the contents of any communication, message, or information provided to Novum Nano, LLC by you or other third parties; the contents of any website not controlled, owned, or operated by Novum Nano, LLC that is accessed from or linked to this website by direct or indirect means; any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and any direct, indirect, incidental, special, or consequential damages whether in contract, tort, strict liability or otherwise, arising out of or relating to use of or inability to use this website, even if Novum Nano, LLC has been advised of the possibility of such damages. If certain states do not allow the limitation of liability for consequential or incidental damages, the above may not apply to you.

Indemnification

You agree to indemnify and hold Novum Nano, LLC, its directors, officers, employees, agents and representatives harmless from all claims, liabilities, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to (a) your use of this website; (b) any alleged breach of these Terms and Conditions of Use.

Limited License

This website is for your personal and noncommercial use. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained in the system, Novum Nano, LLC website as a whole software, products or services obtained from or available as part of or in conjunction with this system. You are granted a non-exclusive, non-assignable and non-transferable license to use this system only under these Terms and Conditions of Use.

This license is not a sale of any of the owner’s rights. The Novum Nano, LLC website may be used only by you, and you may not rent, lend, sub-license or transfer the website or any data residing on it or any of your rights under this agreement to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the website. You may not transfer to or store any data residing or exchanged over the Novum Nano, LLC website in any electronic network for use by more than one user unless you obtain prior written permission from Novum Nano, LLC.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms and Conditions of Use and any dispute or claim arising thereof or related thereto, shall be governed by the laws of the State of South Dakota, without regard to principles of conflict of laws, and any dispute of any sort that might arise between you and Novum Nano, LLC or its affiliates.

This site is operated by Novum Nano, LLC from the State of South Dakota, United States of America. Novum Nano, LLC makes no representation that materials in this site are appropriate or available for use in other locations. If you access this site from other locations, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

These Terms and Conditions of Use shall be governed by the State of South Dakota and relevant federal laws, and irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue for any action or dispute in the state and federal courts located in the State of South Dakota. Use of this site is unauthorized in any jurisdiction that does not effect to all provisions of these Terms and Conditions of Use, including without limitation this paragraph.

Limitation on time to file claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED

Remedies

Given the nature of these terms, you understand and agree that, in addition to money damages, Novum Nano, LLC will be entitled to equitable relief upon a breach of them by you.

Waiver

No waiver by Novum Nano, LLC shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival of provisions

Each provision of the Terms and Conditions of Use shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances. These Terms and Conditions of Use shall be severable and construed to the extent of their enforceability in light of the parties’ mutual intent if deemed at all unenforceable by the competent court.

Entire agreement

We intend that these Terms and Conditions of Use constitute the entire agreement between Novum Nano, LLC and you. Any changes to these Terms and Conditions of Use between Novum Nano, LLC and you must be in writing and signed by both parties.

Your comments and concerns

This website is operated by Novum Nano, 525 University Loop Rapid City, SD 57701 All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: robert.osthus@novumnano.com.

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