LAST UPDATED: January 1, 2025

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TERMS OF USE

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE

These Terms of Use, along with all other agreements, disclaimers, and disclosures displayed on the Novatech Concrete Coatings website (the “Terms“) state the terms and conditions under which you may use the website (located at www.novatechconcretecoatings.com, the “Site“). By accessing or using the Site in any way, including using the data, text, reports, templates, agreements and other materials made available or enabled via the Site (the “Novatech Materials“), and/or browsing the Site, you agree to follow and be bound by these Terms. These Terms govern (1) the information made available or enabled via the Site; (2) the nature of the relationship between you and Novatech Concrete Coatings, Inc ("Author"); and (3) your use of this Site, the Novatech Materials, and related systems (collectively, the “Novatech Site“). If you do not agree to these Terms, you may not access or use the Novatech Site.

 

​The Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

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PLEASE NOTE THAT THE TERMS OF USE ARE SUBJECT TO CHANGE BY AUTHOR IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Author will make a new copy of the Terms of Use available on the Novatech Site. Author will also update the “Last Updated” date at the top of the Terms of Use. You should check these Terms of Use, available through a link on every page of the Novatech Site, each time you use the Novatech Site to determine if any changes have been made. If you use the Novatech Site after the amended Terms of Use have been posted, you will be deemed to have agreed to the amended Terms of Use.​

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1. Ownership. You acknowledge that the Novatech Site is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media and technologies now existing or hereafter developed. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Novatech Site. 

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​2. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOUR USE OF THE NOVATECH SITE, IS AT YOUR SOLE RISK, AND THE NOVATECH SITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. AUTHOR EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATED TO THE NOVATECH SITE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABIILTY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

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3. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL AUTHOR BE LIABLE FOR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS WHETHER DIRECT OR INDIRECT OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE NOVATECH SITE WHETHER OR NOT AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE CUMULATIVE LIABILITY OF AUTHOR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE NOVATECH SITE SHALL NOT EXCEED $100 (USD), AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST THE AUTHOR.

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​4. Indemnification. You agree to make the Author whole for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Novatech Site or any violation of these Terms.

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​5. Arbitration. Any claim or dispute (including whether the claims asserted are arbitrable but excluding claims for injunctive or other equitable relief as set forth below) arising out of or related to these Terms or your use of the Novatech Materials shall be referred to and finally determined by binding and confidential arbitration in accordance with this section 5 of these Terms. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA“). As modified by the Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules. You are thus giving up your right to go to court to assert or defend your rights except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law or United States federal law.

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6. Termination. Notwithstanding any of these Terms, Author reserves the right, without notice and in its sole discretion, to terminate your license to use the Novatech Site, and to block or prevent your future access to the Novatech Site.

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​7. Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

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​8. Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

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​9. Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter.

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