Certain Services available on the Website require that you register with nova IQ using a User Name and a Password. You are solely responsible for maintaining the confidentiality of any such User Name and Password and are fully responsible for all activities that occur under your User Name, Password, or the account accessed pursuant to these. You agree to (i) immediately notify us of any unauthorized use of your User Name, Password, or account or any other breach of security, and (ii) ensure that you logoff from your account at the end of each session. nova IQ cannot and will not be liable for any losses or damages arising from your failure to comply with these provisions.
nova IQ works with certain third parties (“Third Parties”) to provide the Content, Services, and the Software available on this Website and to provide links to other websites. These third parties include, but are not limited to service providers, web hosting providers, technology providers, and the like. These entities may supply information for posting or access to this Website, but they do not control the content or policies of this Website. nova IQ does not endorse, sponsor, or recommend any third party product or service or hypertext links to third parties or other information by trade name, trademark, nova IQ name, etc. All content made available on or through the website, software, or services, is to be used for informational purposes only and is not intended to provide to you specific legal, financial, or tax advice, or any other advice whatsoever or to be relied upon as such.
You acknowledge and agree that the Website, Services, Content (i.e., any items accessible on the Website) and any Software, including, but not limited to, applets, web modules, web-enabled programs, and all other types of software, used in connection with the Website, Services, and Content, contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized in writing by nova IQ in each specific instance, you agree not to modify, rent, lease, copy, publish or republish, loan, sell, transmit, distribute, or create derivative works based on the Website, Services, Content, or Software, in whole or in part for any purpose whatsoever.
nova IQ respects the intellectual property rights of others. If you believe that any Services, Content, or Software available on our Website or any other activity taking place on the Website constitutes infringement of a work protected by copyright law, please notify us so that we may respond to any such concerns by contacting us at the address provided below:
505 Thornall Street, Suite 101
Edison, NJ 08837
The Website may provide links to the Websites or services of other third-party sites. Links to such third-party sites do not constitute any endorsement by nova IQ of such third-party sites, or the quality, fitness, suitability, accuracy, or appropriateness of the products, content, materials or information presented or made available by such sites. You acknowledge and agree that nova IQ, its directors, officers, employees, agents, service providers and representatives, other third parties, and each of their respective successors and assigns, are not responsible for any claims, damages or losses caused or alleged to have been caused by the use of any third-party sites, or from the products, content, material or information presented by or available through those sites.
All content made available on or through the website, software, or services, are provided on an “as is”, “where is”, “as available” basis without representations or warranties of any kind whatsoever, express or implied, including without limitation, non-infringement, merchantability, fitness for a particular purpose or accuracy of informational content. All content made available on or through the website, software, or services, is to be used for informational purposes only and is not intended to provide to you specific legal, financial, or tax advice, or any other advice whatsoever or to be relied upon as such.
nova IQ, its directors, officers, employees, agents, service providers and representatives, other third parties, and each of their respective successors and assigns, do not warrant that the services or the functions, features or information contained therein or on the website, including without limitation any third-party content, software, products, items or other materials used in connection with the website or the services, will be accurate, timely, secure, uninterrupted or error free, or that defects will be corrected.
In no event shall nova IQ, its directors, officers, employees, agents, service providers and representatives, other third parties, and each of their respective successors and assigns, be liable for any indirect, special, incidental, consequential or punitive claims, losses, or damages whether arising from an action in contract, tort or otherwise, related to or in connection with this website or any services or content or software made available on or through this website, even if informed of the possibility of such damages. Without limiting the generality of the foregoing, nova IQ, its service providers or representatives shall not be liable for any claims, losses, or damages in connection with errors, omissions or inaccuracies of the content, services, or software or any decision made in reliance on the content services, or software, contained on or accessible through this website. Your sole remedy for any claims in connection with this website is to discontinue using this website and the related content, software, and services. the foregoing limitation shall apply and survive notwithstanding any failure of essential purpose of any remedy.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
This Agreement shall be governed by and interpreted in accordance with laws of the State of Delaware and the United States, without giving effect to any conflict of laws provisions. The parties hereby consent to the exclusive jurisdiction of and agree that venue is proper and convenient in the state and federal courts situated in New Castle County, State of Delaware.
Waiver. The failure of nova IQ to exercise or enforce any right or provision of this Agreement will not deem a waiver of such right or provision.
The following provisions shall survive the termination of this Agreement and shall apply indefinitely: