Terms of use

Effective Date: 3/1/2017

PLEASE READ AND UNDERSTAND THE FOLLOWING CONTENTS BEFORE ACCESSING NUVINAIR®.COM OR OTHER NUVINAIR® PLATFORMS. USERS ARE LEGALLY BOUND TO THESE TERMS WHEN USING THESE SERVICES.

BY ACCESSING/USING THIS WEBSITE, APPLICATION, OR SERVICE (THE “PLATFORM”), YOU AGREE TO HONOR THE TERMS OF USE DESCRIBED IN THIS DOCUMENT.  THE TERMS OF USE GOVERN ACCESS TO AND USE OF THIS PLATFORM, TRANSACTIONS OCCURRING THROUGH THE PLATFORM, AND ITEMS (“PRODUCTS”) DISPLAYED OR SOLD ON THE PLATFORM. THE TERMS & CONDITIONS OF THIS DOCUMENT, TOGETHER WITH ANY OTHER DOCUMENTS EXPRESSLY INCORPORATED BY REFERENCE (THE “AGREEMENT”) ARE A CONTRACT BETWEEN NUVINAIR® (THE “PROVIDER”) AND YOU (THE “USER”) COLLECTIVELY (THE “PARTIES); USE OF NUVINAIR® PLATFORMS IMPLIES CONSENT TO THESE TERM & CONDITIONS.  BY USING THIS PLATFORM THE USER IS BOUND TO ABIDE BY THESE TERMS OF USE, AS WELL AS THE PRIVACY POLICY INCORPORATED IN THESE TERMS.  THESE DOCUMENTS APPLY EQUALLY TO GUESTS AND ACCOUNT HOLDERS. DO NOT ACCESS NUVINAIR® PLATFORMS OR USE NUVINAIR® PRODUCTS UNLESS YOU AGREE TO ALL THESE TERMS.

 

GENERAL USER RULES: USER MUST NOT INTERFERE, DISRUPT, TAMPER WITH THE PLATFORM OR SERVERS OR NETWORKS CONNECTED TO PLATFORM. INCLUDING: TRANSMITTING ANY VIRUSES, WORMS, SPYWARE, MALWARE, OR ANY OTHER UNAUTHORIZED CODE. USER MAY NOT CREATE ACCOUNTS THROUGH UNAUTHORIZED MEANS INCLUDING BUT NOT LIMITED TO: AUTOMATED DEVICES, BOTS, SCRIPTS, SPIDERS, CRAWLERS, OR SCRAPERS. MAY NOT ACCESS ANY CONTENT ON THE PLATFORM THROUGH UNAUTHORIZED AUTOMATED MEANS EXCEPT AS PERMITTED, MAY NOT REPRODUCE, DISTRIBUTE, SELL, LEASE, TRANSMIT, CREATE DERIVATIVE WORKS FROM, TRANSLATE, MODIFY, REVERSE-ENGINEER, DISASSEMBLE, DECOMPILE, OR OTHERWISE EXPLOIT THIS PLATFORM OR DISPLAYED PRODUCTS. MAY NOT MAKE ANY COMMERCIAL USE OF ANY OF THE INFORMATION PROVIDED ON PLATFORM, OR MAKE ANY USE OF PLATFORM FOR THE BENEFIT OF ANOTHER ENTITY UNLESS AUTHORIZED. DO NOT USE DATA MINING OR SIMILAR DATA GATHERING METHODS. DO NOT TAKE ANY ACTION ON THE PLATFORM DESIGNED TO: INTERFERE, DISRUPT, DAMAGE, DISABLE, OVERBURDEN, OR LIMIT THE FUNCTIONALITY OF ANY COMPUTER SOFTWARE OR HARDWARE, TELECOMMUNICATIONS EQUIPMENT OR THE PLATFORM ITSELF. DO NOT CIRCUMVENT OF MODIFY ANY PLATFORM SECURITY TECHNOLOGY OR SOFTWARE. PROVIDER RESERVES THE RIGHT TO REFUSE ACCESS TO THE PLATFORM TO ANYONE FOR ANY REASON AT ANY TIME AND CANCEL ORDERS AT OUR DISCRETION. USER AGREES TO ACCEPT RESPONSIBILITY FOR ALL ACTIVITIES THAT OCCUR UNDER THEIR LOGIN CREDENTIALS. ANY OF THE MATERIAL ON THE PLATFORM MAY BE OUT OF DATE AT ANY GIVEN TIME, AND WE ARE UNDER NO OBLIGATION TO UPDATE SUCH MATERIAL.  USER MUST ONLY USE THEIR ORIGINAL WRITTEN TEXT FOR REVIEWS/TESTIMONIALS.

 

ACCOUNTS: IN ORDER TO ACCESS CERTAIN AREAS, SERVICES, AND FUNCTIONALITIES OF THE PLATFORM, USERS MUST CREATE AN ACCOUNT. USER ACCEPTS RESPONSIBILITY FOR ALL ACTIVITY, INCLUDING PURCHASES, OCCURRING KNOWINGLY OR UNKNOWINGLY ON THEIR ACCOUNT; AND FOR KEEPING THEIR LOGIN CREDENTIALS (USERNAME, PASSWORD) SECURE AND CONFIDENTIAL. DO NOT PROVIDE ACCOUNT INFORMATION TO OTHERS OR ALLOW UNAUTHORIZED USERS ACCESS TO THE PLATFORM. DO NOT CREATE OR MAINTAIN AN ACCOUNT FOR ANY PARTY OTHER THAN YOURSELF OR YOUR ORGANIZATION, OR CREATE AN ACCOUNT IMPERSONATING ANY OTHER PERSON OR ENTITY. THE PROVIDER IS NOT RESPONSIBLE FOR ANY LOSSES/DAMAGES RESULTING FROM UNAUTHORIZED OR IMPROPER ACCOUNT USE. INFORMATION PROVIDED BY USER UPON REGISTRATION AND AT ANY OTHER TIME WILL BE ACCURATE AND CURRENT. USER MAY BE LIABLE FOR LOSSES INCURRED BY NUVINAIR® OR OTHERS DUE TO IMPROPER OR UNAUTHORIZED USE OF PERSONAL ACCOUNT. VIOLATION OF ACCOUNT PRIVILEGES MAY BE SUBJECT TO THE TERMINATION CLAUSE.

 

USER PRIVACY: USE OF THIS PLATFORM IS ALSO SUBJECT TO AND GOVERNED BY NUVINAIR®’S PRIVACY POLICY, INCORPORATED INTO THESE TERMS OF USE BY THIS REFERENCE.  THE PRIVACY POLICY DESCRIBES THE PLATFORM’S COLLECTION, USE, AND DISCLOSURE OF USER INFORMATION/DATA, AS WELL AS THE PLATFORM’S DATA SECURITY.  DATA ALSO INCLUDES THE BANKING, CREDIT CARD, PAYPAL (“FINANCIAL”) INFORMATION GIVEN BY USERS FOR PAYMENTS.   THE PROVIDER WILL USE THE BEST SECURITY SOFTWARE AVAILABLE AND TAKE ALL APPROPRIATE MEASURES TO PROTECT USER DATA. HOWEVER THE PROVIDER MAKES NO EXPRESS OR IMPLIED PROMISE REGARDING THE SECURITY USED BY THE PLATFORM OR THAT COLLECTED INFORMATION WILL NOT BE ACCESSED IN AN UNAUTHORIZED MANNER DESPITE OUR SECURITY MEASURES.  USE OF PLATFORM SIGNIFIES UNDERSTANDING OF AND AGREEMENT TO THE PRIVACY POLICY.

 

ELECTRONIC COMMUNICATIONS: THE PROVIDER MAY SEND ELECTRONIC COMMUNICATIONS TO PLATFORM USERS IN THE FORM OF E-MAIL, WITH INFORMATION REGARDING ACCOUNTS AND PRODUCT ORDERS.  USER MAY ALSO RECEIVE ADVERTISEMENTS, PROMOTIONS, OR OTHER SPECIAL OFFERS IF THEY HAVE PROVIDED AN E-MAIL ADDRESS TO NUVINAIR® AT ANY TIME (SEE PRIVACY POLICY).  BY ACCESSING THE PLATFORM, USER AGREES TO RECEIVE THE DESCRIBED ELECTRONIC COMMUNICATIONS FROM THE PROVIDER.

 

MODIFICATIONS: THE PROVIDER RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO ALTER THESE TERMS OF USE AT ANY TIME, WITHOUT USER CONSENT OR PRIOR NOTICE.  UPDATED/REVISED TERMS WILL TAKE EFFECT ON THE EFFECTIVE DATE SPECIFIED AT THE BEGINNING OF THIS AGREEMENT.  THE PROVIDER WILL MAKE EFFORTS TO IMMEDIATELY NOTIFY ACCOUNT HOLDERS BY EMAIL OF ANY MODIFICATIONS OF THESE TERMS, BUT MAKES NO EXPRESS OR IMPLIED GUARANTEE.  CONTINUED USE OF THE PLATFORM AFTER REVISION OF THE TERMS OF USE CONSTITUTES AFFIRMATIVE ACCEPTANCE TO THE REVISED AGREEMENT.  USER IS RESPONSIBLE BEING AWARE OF CHANGES TO THE TERMS.  THE PROVIDER MAY ALSO MAKE MODIFICATIONS TO USER ORDERS, INCLUDING DELAYS OR CANCELLATION.  USER MUST CEASE USE OF THE PLATFORM IF THEY CANNOT ACCEPT THE MODIFIED TERMS OF USE.

 

LINKS: THE PLATFORM MAY CONTAIN LINKS TO OTHER PLATFORMS, SITES, SERVICES OPERATED BY OTHER ENTITIES (“THIRD PARTIES”).  CERTAIN SERVICES MADE AVAILABLE BY LINKS ON THE PLATFORM ARE DELIVERED BY THESE THIRD-PARTY PLATFORMS AND ENTITIES; LINKS TO THESE ARE PROVIDED SOLELY FOR CONVENIENCE TO THE USER.  THE PROVIDER DOES NOT ENDORSE, MONITOR, OR HAVE ANY CONTROL OVER THESE, AND ACCEPTS NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM THEIR USE.  USER ACKNOWLEDGES THE PROVIDER IS NOT RESPONSIBLE FOR THE OPERATION OF OR CONTENT OF OR THROUGH ANY THIRD PARTY, WHICH HAVE SEPARATE TERMS OF USE AND PRIVACY POLICIES.  USERS ACCESS THIRD PARTY PLATFORMS SOLELY AT THEIR OWN RISK AND ARE SUBJECT TO THEIR TERMS.

 

USER REVIEWS: THE PLATFORM ALLOWS FOR USERS TO POST REVIEWS OF AND COMMENTS ABOUT THE PROVIDER AND ITS PRODUCTS, SO LONG AS THE CONTENT IS NOT ILLEGAL, OBSCENE, THREATENING, DEFAMATORY, INVASIVE OF PRIVACY, INFRINGING OF INTELLECTUAL PROPERTY RIGHTS (INCLUDING PUBLICITY RIGHTS), OR OTHERWISE INJURIOUS TO THIRD PARTIES OR OBJECTIONABLE, AND DOES NOT CONSIST OF OR CONTAIN SOFTWARE VIRUSES, POLITICAL CAMPAIGNING, COMMERCIAL SOLICITATION, CHAIN LETTERS, MASS MAILINGS, OR ANY FORM OF “SPAM” OR UNSOLICITED COMMERCIAL ELECTRONIC MESSAGES.  USER MAY NOT SUBMIT REVIEWS UNDER FALSE E-MAIL ADDRESS, IMPERSONATE ANY PERSON OR ENTITY, OR OTHERWISE MISLEAD AS TO THE ORIGIN OF CONTENT. THE PROVIDER RESERVES THE RIGHT (BUT NOT THE OBLIGATION) TO REMOVE SUCH CONTENT.  BY POSTING A REVIEW OR TESTIMONIAL, UNLESS INDICATED OTHERWISE, USER GRANTS THE PROVIDER A NONEXCLUSIVE, ROYALTY-FREE, PERPETUAL, IRREVOCABLE, AND FULLY SUB-LICENSABLE RIGHT TO USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, PERFORM, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, AND DISPLAY SUCH CONTENT THROUGHOUT THE WORLD IN ANY MEDIA. USER GRANTS THE PROVIDER AND SUB LICENSEES THE RIGHT TO USE THE NAME THAT USER SUBMITS IN CONNECTION WITH SUCH CONTENT IF THEY CHOOSE. USER REPRESENTS AND WARRANTS THAT THEY OWN OR OTHERWISE CONTROL ALL OF THE RIGHTS TO THE CONTENT THAT THEY POST; THAT THE CONTENT IS ACCURATE; THAT USE OF THE CONTENT USER SUPPLIES DOES NOT VIOLATE THIS POLICY AND WILL NOT CAUSE INJURY TO ANY PERSON OR ENTITY; AND THAT USER WILL INDEMNIFY NUVINAIR® FOR ALL CLAIMS RESULTING FROM CONTENT SUPPLIED. THE PROVIDER HAS THE RIGHT BUT NOT THE OBLIGATION TO MONITOR AND EDIT OR REMOVE ANY ACTIVITY OR CONTENT.  PROVIDER TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT POSTED BY YOU OR ANY THIRD PARTY.

 

INTELLECTUAL PROPERTY: THE ENTIRE PLATFORM, ITS MATERIALS, FUNCTIONALITIES, AND FEATURES (“CONTENT”) INCLUDING BUT NOT LIMITED TO TEXT, LOGOS, GRAPHICS, VIDEOS, SOFTWARE, CODE, IMAGES, PHOTOS, CODE, AUDIO CLIPS, SCRIPTS, ARE THE INTELLECTUAL PROPERTY OF THE PROVIDER; PROTECTED BY COPYRIGHT, TRADEMARK, AND PATENT LAWS.  THE WHOLE OF THE PIECES OF CONTENT (THE “COMPILATION”) IS A COLLECTIVE WORK UNDER UNITED STATES AND OTHER COPYRIGHT LAWS AND IS THE PROPRIETARY PROPERTY OF THE PROVIDER.  PRODUCTS DISPLAYED AND SOLD ON THE PLATFORM ARE ALSO INTELLECTUAL PROPERTY OF NUVINAIR® PROTECTED BY PATENT AND TRADEMARK LAWS.  USER ACKNOWLEDGES THAT THE PROVIDER RETAINS ALL RIGHTS, TITLE, AND INTEREST IN AND TO ALL COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS, AND ANY OTHER PROPRIETARY RIGHTS IN THE PLATFORM AND THE PRODUCTS DISPLAYED.  DO NOT USE OUR, TRADE NAMES, TRADEMARKS, OR SERVICE MARKS IN ANY WAY THAT DISPARAGES OR DISCREDITS US.  USE OF OUR TRADEMARKS OR SERVICE MARKS WITHOUT OUR EXPRESS WRITTEN CONSENT IS STRICTLY PROHIBITED.

 

COPYRIGHT COMPLAINTS

TO BE EFFECTIVE UNDER 17 U.S.C. § 512, A NOTIFICATION OF CLAIMED INFRINGEMENT MUST BE A WRITTEN COMMUNICATION PROVIDED TO THE DESIGNATED AGENT OF A SERVICE PROVIDER THAT INCLUDES SUBSTANTIALLY THE FOLLOWING:

 

  • A DETAILED DESCRIPTION OF THE COPYRIGHTED WORK YOU BELIEVE IS BEING INFRINGED;
  • A DESCRIPTION (SUCH AS THE SUBDOMAIN LINK) OF THE LOCATION ON THE APPLICATION WHERE THE ALLEGEDLY INFRINGING CONTENT APPEARS;
  • YOUR CONTACT INFORMATION, INCLUDING YOUR NAME, ADDRESS, TELEPHONE NUMBER, AND, IF AVAILABLE, EMAIL ADDRESS;
  • A STATEMENT THAT YOU HAVE A GOOD FAITH-BELIEF THAT THE ALLEGEDLY INFRINGING USE IS NOT AUTHORIZED BY YOU AS THE COPYRIGHT OWNER, BY YOUR AGENT, OR BY LAW;
  • A STATEMENT AFFIRMING THAT, UNDER PENALTY OF PERJURY, THE INFORMATION IN THE NOTICE IS ACCURATE AND THAT YOU ARE, OR ARE AUTHORIZED TO ACT ON BEHALF OF, THE COPYRIGHT OWNER; AND
  • AN ORIGINAL OR ELECTRONIC SIGNATURE OF THE COPYRIGHT OWNER OR SOMEONE AUTHORIZED ON THE OWNER’S BEHALF TO ASSERT INFRINGEMENT OF COPYRIGHT AND TO SUBMIT THE STATEMENT.

 

NUVINAIR® RESPECTS THE INTELLECTUAL PROPERTY OF OTHERS.  IF USER BELIEVES THEIR WORK HAS BEEN COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT, THEY SHOULD CONTACT NUVINAIR® AT THE ADDRESS BELOW. IT IS RECOMMENDED TO CONSULT LEGAL ADVICE BEFORE FILING A NOTICE WITH NUVINAIR® AS THERE MAY BE PENALTIES FOR FALSE CLAIMS. DESIGNATED AGENT

 

NUVINAIR®
PO BOX 6863
MCKINNEY, TX  75071

 

WARRANTY DISCLAIMER: THIS PLATFORM AND ITS PRODUCTS ARE PROVIDED BY THE NUVINAIR® ON AN “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED UNLESS OTHERWISE SPECIFIED IN WRITING.  NUVINAIR®, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING BUT NOT LIMITED TO TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT, UNLESS OTHERWISE SPECIFIED IN WRITING.  THE PROVIDER NOR ANY PARTY ASSOCIATED WITH IT, MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO PLATFORM OR PRODUCT OPERATION, RELIABILITY, USEFULNESS, INFORMATION, SOFTWARE, CONTENT, LINKS, GRAPHICS, ACCURACY, COMPLETENESS, OR SECURITY.  THE PLATFORM MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE PROVIDER’S CONTROL.  USER ACKNOWLEDGES THAT USE OF PLATFORM OR SOLD PRODUCT IS AT THEIR OWN RISK; THEY UNDERSTAND THAT AND AGREE THEY ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO DEVICE USED TO ACCESS THE PLATFORM OR HARM OF ANY KIND.  THE PROVIDER MAKES NO GUARANTEE FOR CONTINUOUS, UNINTERRUPTED, ERROR-FREE, SECURE ACCESS TO THE PLATFORM, THAT PLATFORM WILL MEET USER NEEDS, AND THAT THE PLATFORM IS FREE FROM VIRUSES AND OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO THE USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY AND USER MAY HAVE ADDITIONAL RIGHTS.

 

LIMITATIONS OF LIABILITY: IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, UNDER ANY LEGAL THEORY, ARISING FROM USE OF OR INABILITY TO USE THE PLATFORM OR PRODUCTS SOLD, ACCURACY OF MATERIALS ON THE PLATFORM, OR THE PERFORMANCE OF PRODUCTS OR SERVICES THROUGH THE PLATFORM, EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  USER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE PLATFORM OR PRODUCTS OBTAINED THROUGH THE PLATFORM.  THE ONLY REMEDY AGAINST NUVINAIR® FOR USE OF THE PLATFORM IS TO STOP USING IT.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND USER MAY HAVE ADDITIONAL RIGHTS.

 

INDEMNIFICATION: TO THE MAXIMUM EXTENT UNDER APPLICABLE LAW, THE USER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE PROVIDER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LINKED THIRD PARTIES FROM ANY CLAIMS, LOSSES, COSTS, LIABILITIES, AND EXPENSES (INCLUDING LEGAL FEES AND EXPENSES) ARISING OUT OF PLATFORM CONTENT OR USER ACCESS TO OR USE OF
THE PLATFORM; YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OF USE; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT; YOUR VIOLATION OF ANY LAWS, RULES, REGULATIONS, CODES, STATUTES, ORDINANCES OR ORDERS OF ANY GOVERNMENTAL AND QUASI-GOVERNMENTAL AUTHORITIES, INCLUDING, WITHOUT LIMITATION, ALL REGULATORY, ADMINISTRATIVE AND LEGISLATIVE AUTHORITIES; OR ANY MISREPRESENTATION MADE BY YOU.   USER ALSO INDEMNIFIES THE PROVIDER AND ASSOCIATED PARTIES FROM ISSUES ARISING FROM THE USE OF PRODUCT OBTAINED THROUGH THE PLATFORM.

 

GOVERNING LAW & AUTHORITY: THIS PLATFORM WAS CREATED BY AND IS OPERATED BY THE PROVIDER IN THE STATE OF TEXAS, THEREFORE THESE TERMS OF USE ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH TEXAS LAW; IN ADDITION TO APPLICABLE FEDERAL LAW, AND THE FEDERAL ARBITRATION ACT, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF OR CHOICE OF LAW. TEXAS STATE LAW WILL GOVERN ANY, AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE PLATFORM OR PRODUCTS, OR THESE DISCLAIMERS, TERMS, AND CONDITIONS.  ANY DISPUTE, CLAIM, LEGAL SUIT, ACTION, OR PROCEEDING RELATED TO THESE TERMS OF USE OR THE PLATFORM SHALL BE INSTITUTED EXCLUSIVELY IN THE STATE COURTS OF TEXAS OR FEDERAL COURTS OF THE UNITED STATES.

 

SEVERABILITY: IF ANY CONDITION(S) IN THESE TERMS OF USE IS HELD INVALID OR ILLEGAL, THAT CONDITION(S) SHALL BE DEEMED SEVERABLE, AND THE REMAINDER OF THESE TERMS OF USE SHALL CONTINUE TO BE ENFORCEABLE. IF ANY PROVISION OF THESE TERMS OF USE IS DEEMED UNLAWFUL OR CONTRARY TO ANY REGULATION, VOID OR UNENFORCEABLE, THEN THAT PROVISION IS DEEMED SEVERABLE FROM THESE TERMS OF USE, WHILE THE REMAINING PROVISIONS ARE STILL VALID AND ENFORCEABLE.  THE PROVISION(S) IN QUESTION WILL BE MODIFIED AND INTERPRETED TO ACCOMPLISH THE OBJECTIVES OF SAID PROVISION TO THE GREATEST EVENT POSSIBLE UNDER APPLICABLE LAW.  ANY CONDITIONS IN QUESTION SHALL HAVE NO EFFECT ON THE VALIDITY OF THE REMAINING TERMS.

 

TERMINATION: THE PROVIDER RESERVES THE RIGHT, IN ITS SOLE DISCRETION, WITHOUT PRIOR WARNING TERMINATE USER’S ACCOUNT AND RESTRICT THE USE OF ANY AND OR ALL PARTS OF THE PLATFORM, WITHOUT LIABILITY TO USER OR ANYONE ELSE.  UPON ANY TERMINATION OF THIS AGREEMENT, THE RIGHTS AND LICENSES GRANTED TO USER HEREUNDER, INCLUDING USER ABILITY TO ACCESS AND USE THE PLATFORM, WILL IMMEDIATELY TERMINATE, AND USER SHALL IMMEDIATELY CEASE USING ANY AND ALL MATERIALS AND OTHER SIMILAR CONTENT IN THEIR POSSESSION OR CONTROL THAT ARE PROPRIETARY TO THE PROVIDER.  NUVINAIR® ALSO RESERVES THE RIGHT TO BLOCK USERS FROM CERTAIN IP ADDRESSES OR DEVICE NUMBERS FROM ACCESS TO THE PLATFORM.  ANY TERMINATION OF THIS CONTRACT SHALL NOT AFFECT THE RESPECTIVE RIGHTS AND OBLIGATIONS (INCLUDING PAYMENTS) OF THE PARTIES ARISING BEFORE THE DATE OF TERMINATION. ANY TERM OF THIS AGREEMENT THAT SHOULD, BY ITS NATURE SURVIVE TERMINATION OF THIS AGREEMENT, INCLUDING CLAUSES RELATING BUT NOT LIMITED TO INTELLECTUAL PROPERTY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS, INDEMNIFICATION, AND SEVERABILITY WILL SURVIVE ITS TERMINATION.  TERMINATION ALSO APPLIES TO PRODUCT ORDERS; THE PROVIDER RESERVES THE RIGHT TO CANCEL USER ORDERS AT ITS SOLE DISCRETION FOR ANY REASON.  THE USER MAY ALSO TERMINATE TERMS AT ANY TIME AND WITH NO PENALTY BY DELETING THEIR ACCOUNT.