Terms of Service
Effective Date: July 1, 2020
Welcome to the website for Nova Law located at novalaw.io (this "Site"). These Terms of Service (these "Terms") constitute a legally binding agreement made between Nova Law, a law firm owned by a California licensed attorney ("Nova"), and the user accessing this Site, which is you, personally, and if applicable, on behalf of any entity or person for whom you are using this Site (collectively, the "User"). These Terms govern the User's use of this Site and the products and services offered via the Site, including, but not limited to template contracts, flat fee packages, legal guides, ebooks, workshops, events, virtual courses, webinars, and/or podcasts (collectively, the "Services"), so please read it carefully.
By accessing this Site and/or purchasing the Services, the User agrees to be bound by these Terms, including any additional terms and conditions and policies referenced herein or available by hyperlink. By using this Site on behalf of a third-party, the User represents to Nova that the User is an authorized representative of such third-party and that the use of this Site constitutes that third-party's acceptance of these Terms.
II. No Attorney-Client Privilege; General Information
(A) No Attorney-Client Relationship - Although this Site is owned by a law firm, Nova is not acting as the User's lawyer. Accessing this Site or purchasing the Services does not create an attorney-client relationship between the User and Nova and information provided via this Site is not confidential information to extent contemplated by California Business and Professional Code, (BPC) Section 6149 and not intended to fulfill the requirement necessary for attorney-client fee contract under BPC § 6148. Do not use the forms on this website to send confidential information. There is no confidentiality for information provided via this Site. This Site may include general information about legal issues. All information on this Site is for informational purposes only and is not intended and should not be taken as legal advice.
(B) Free Consultations - If the User schedules a free consultation, whether held in-person or via phone, text, Zoom, or other electronic communication, the User acknowledges and agrees (as a binding legal agreement between the User and Nova) that any information received during the free consultation is only general information and is provided to the User in a summarized, easily digestible format, and does not constitute legal or business advice and should not be relied upon as such.
(C) General Information - All content on this Site, including the Services, contain general information about the Services, as well as general information about different areas of the law and does not take into account the User's specific needs, objectives or circumstances. The information contained on this Site is not a substitute for obtaining advice specific to your circumstances from a qualified lawyer.
(D) Custom Contracts; Hourly Counsel - An attorney-client relationship is only applicable when the User contacts Nova directly for advice that is specific to the User's needs or circumstances, or purchases Services on the Site that are specific to the User's needs or circumstances, such as custom contracts or hourly legal counsel. The User will only become a client of Nova once the User has signed an attorney-client engagement letter (an "Attorney-Client Agreement") outlining the details of the attorney-client relationship. If the User becomes a client of Nova by entering into an Attorney-Client Agreement for the provision of legal services specific to the User, then these Terms will apply to the User to the extent that the User access this Site and purchases any other non-specific Services available via this Site. In such case these Terms will operate in conjunction with the Attorney-Client Agreement. In the event of a conflict or inconsistency between these Terms and any term of the applicable Attorney-Client Agreement, the terms of the Attorney-Client Agreement will prevail.
III. Platform Use
(A) Eligibility - This Site may only be used by individuals and entities who can form legally binding contracts under applicable law. No person under the age of 18 may use this Site. Use of this Site will be deemed to be a representation by the User that the User is at least 18 years of age.
(B) License & Restrictions - Subject to the terms and conditions of these Terms, the User is hereby granted a limited, non-exclusive right to view the content and materials located on this Site in the normal course of use of the Site. Nova will retain ownership of its intellectual property rights and the User will not obtain any rights therein by virtue of these Terms or otherwise, except as expressly set forth in these Terms. The User will have no right to use, copy, display, perform, create derivative works from, distribute, transmit or sublicense materials or content available on this Site except as expressly set forth in these Terms.
(C) Prohibited Conduct - In accessing or using this Site, the User may not: (i)infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii)disrupt or interfere with the security or use of this Site, or any web sites linked to this Site; (iii)interfere with or damage this Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (iv)impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) us, or use a false identity; (v)attempt to obtain unauthorized access to this Site; (vi)submit false or misleading information to Nova; (vii)violate any law, rule, or regulation; (viii)engage in any activity that interferes with any third party’s ability to use or enjoy this Site; (ix)assist or encourage any third party in engaging in any activity prohibited by these Terms; (x) modify, reproduce, perform, display, republish, post, transmit, participate in the transfer or sale of, translate, copy or create derivative works of, or in any other way exploit this Site, or any part, feature, function or user interface hereof, except as expressly permitted herein; (xi) access this Site or the Services in order to build a competitive product or service; (xii) decompile, disassemble, or reverse engineer this Site or the Services (to the extent such restriction is not prohibited by law); (xiii) attempt to remove, modify or obscure any proprietary notices on this Site or the Services; or (xvi) harvest or collect information or data regarding other users of this Site.
IV. Account Registration; Passwords; Security
(A) Registration - The User may create an account on this Site by completing the online registration process on this Site. When creating an account, the User must provide Nova with accurate and complete registration information and promptly update this information if it changes. It is particularly important to keep the email address associated with the account current because although the account will still be accessible with the registered email address, the User will not be able to receive messages from Nova regarding this Site or the Services.
(B) Accounts & Passwords - Upon registration, the User must select a password. The password must be kept confidential. The User will be solely responsible for all use of the account and password, including, without limitation, any use by an unauthorized third party. The User must notify Nova immediately if the User believes or has reason to know that the User's account or password has been used by any unauthorized person or entity. For security purposes, Nova recommends that the User change passwords often. Under no circumstance should the User respond to a request for his/her/its/their password. Nova will never ask the User for his/her/its/their password. The User must notify Nova immediately of any request for his/her/its/their password. Nova reserves the right to suspend or terminate the User's use of the Platform if Nova believes that there is currently , or has been, any unauthorized use of the User's account or password, or any other use in a manner that may disrupt this Site.
(C) No Obligation to Retain a Record of User Accounts - Nova is under no obligation to retain a record of the User's account or any data or information that the User may have stored in the User's convenience.
VI. Accuracy of Information
Nova attempts to ensure that the information on this Site is complete and accurate; however, this Site is meant to be a benchmark and this information may contain typographical errors, pricing errors, and other errors or inaccuracies. Nova assumes no responsibility for such errors or omissions, deviations due to market standards, or calculation errors due to the information the User provides to Nova, and Nova reserves the right to: (a)revoke any offer stated on this Site; (b) correct any errors, inaccuracies or omissions; and (c)make changes to prices, content, or other information on this Site.
VII. Right to Refuse Service
Nova reserves the right to deny service to anyone at any time for any reason. A user of this Site may be flagged by Nova's internal system for suspicious activity, including, but not limited to using a proxy web connection or having a history of fraudulent online activity.
Nova reserves the right to refuse any order placed via this Site. Nova may, in its sole discretion, limit or cancel quantities purchased per person, per household, per company or per order. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event Nova makes a change to or cancels an order, Nova will attempt to notify the purchaser by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Nova reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors. Nova reserves the right to limit the sales of its Services to any geographic region or jurisdiction. Nova may exercise this right on a case-by-case basis. Nova reserves the right to limit the quantities of any Services that it offers.
VIII. Intellectual Property; Third-Party Content and Services
(A) Intellectual Property Rights - The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Site (the "Content"), and the trademarks, service marks, and logos contained herein (the "Marks") are owned by Nova or licensed to Nova. The Content is provided to the User "as is" for informational and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever. Nova reserves all rights not expressly granted in and to this Site, the Content and the Marks. Accessing or using this Site does not give the User any ownership of or right in or to any portion of the Site, the Content or the Marks.
(B) Third-Party Content - This Site may contain information and content provided by third-parties. Nova has no obligation to monitor, Nova does not endorse, and Nova is not liable for any third-party content. In addition, this Site may contain links to third-party websites. Nova is not responsible for the content on any linked site or any link contained in a linked site, unless expressly stated otherwise.
(D) License to Use Feedback - The User hereby grants to Nova and Nova's affiliates a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable, sub-licensable license to use and incorporate into this Site or the Services, any suggestion, enhancement request, recommendation, correction, or other feedback provided by the User relating to this Site or the Services. Nova will not be obligated to credit the User for such feedback or hold any such feedback in confidence.
The User agrees to hold Nova, and any of Nova's employees, representatives, agents, attorneys, affiliates, directors, officers, managers, and shareholders (the “Indemnified Parties”) harmless from any damage, loss, cost, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand, or action (“Claim”) brought or asserted against any of the Indemnified Parties arising from, related to, or connected with the User's use of this Site or the Services. If the User is obligated to provide indemnification pursuant to this provision, Nova may, in its sole and absolute discretion, control the disposition of any Claim at the User's sole cost and expense. Without limitation of the foregoing, the User may not settle, compromise, or in any other manner dispose of any Claim without Nova's consent.
X. DISCLAIMERS & LIMITATIONS
(A) DISCLAIMER OF WARRANTIES - NOVA PROVIDES THIS SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. NOVA DOES NOT REPRESENT OR WARRANT THAT THIS SITE THE SERVICES, ITS USE OR ANY INFORMATION ON IT WILL: (i) BE UNINTERRUPTED OR SECURE; (ii) BE FREE FROM DEFECTS, INACCURACIES, OR ERRORS; (iii) MEET THE USER'S REQUIREMENTS; OR (iv) OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE THE USER MAY USE TO ACCESS THE SITE OR THE SERVICES. NOVA MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.
(B) LIMITATION OF LIABILITY - IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILL NOVA'S AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THESE TERMS (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE SITE OR THE SERVICES) EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU ACTUALLY PAID FOR THE SERVICES.
(A) Notices & Electronic Communications - To transact or communicate with Nova, the User agrees to do so by electronic means. If the User has purchased Services, submitted an inquiry through this Site or otherwise provided the User's email address, the User authorizes Nova to send the User important notices about the Site or the Services and any pending transactions to the email address the User has provided. It is the User's duty to keep the User's email address up to date and to maintain a valid email address and to ensure that emails Nova sends are not filtered or stopped by spam filters or other types of email blocking functionalities. If the User no longer desires to transact electronically with Nova, the User may no longer use this Site. If the User gives notice to Nova, it will be effective when received and the User must use the following email address: firstname.lastname@example.org.
(B) Entire Agreement - These Terms and any policies or operating rules posted by Nova on this Site constitutes the entire agreement and understanding between the User and Nova regarding this Site and the Services, and govern the use of this Site and the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the User and Nova (including, but not limited to, any prior versions of the Terms).
(C) Severability; Waiver - In the event that 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 from these Terms, and such severance shall not affect the validity and enforceability of any other remaining provisions. The failure of Nova to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless expressly agreed by Nova in writing.
(C) Governing Law - The User and Nova agree that these Terms are governed by the laws of the United States of America and the laws of the State of California. The User agrees that the laws of the State of California will apply regardless of where the User resides or the location of where the User accesses the Site or the Services.
(D) Effective Date - this Policy is updated as of the Effective Date above.
(E) Changes to These Terms - Nova reserves the right to change these Terms at any time. If Nova makes any material changes to these Terms, these Terms will be updated to reflect such changes and a revised version of these Terms will be posted on this page with the most recent Effective Date. Unless otherwise indicated, any changes to these Terms will become effective as of the Effective Date of the revised notice.
(F) Contact Nova - email@example.com