TERMS OF USE

This website is owned and operated by Jordana Warmflash, LLC (“we”, “us”, “our”).  These Terms of Use (the “Terms of Use”) contain the terms and provisions applicable to you (a “User”) and your access to and use of http://www.novisnyc.com (the “Website”).  Your use of this Website (and any other feature, content or application offered from time to time by the Website) is subject at all times to these Terms of Use (as the same may be modified by us from time to time) and all applicable laws, rules and regulations. Please read these Terms of Use carefully and contact us with any questions. 

1.  ACCEPTANCE OF TERMS

By accessing this Website, you agree that you have read, understand and agree to be legally bound by the terms and conditions set forth below.   If you do not agree to be bound by these Terms of Use, please do not access or use this Website.  These Terms of Use may be modified, changed or altered by us at any time without prior notice.  In agreeing to these Terms of Use, you are responsible for periodically checking for changes and/or updates to these Terms of Use.  Notwithstanding the foregoing, we will endeavor to notify you of any changes by posting such changes on the Website. Your continued access of the Website after such changes are made conclusively demonstrates your acceptance of such changes. You may request a copy of these Terms of Use by emailing us at customercare@novisnyc.com.  Please include the subject, “Terms of Use Agreement”. 

In order to participate in certain Website services or promotionsyou may be notified by us that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to such services or promotions in which you choose to participate, those additional terms are hereby incorporated into these Terms of Use.

2.  USE OF THE WEBSITE

Use of and access to the Website is void where prohibited. By accessing and using the Website, you represent and warrant that (a) any registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Website does not violate any applicable law or regulation. 

3.  PERMITTED USES

This Website is not intended for, and we have no intention of collecting personally identifiable information from, persons under the age of 13. The content and information posted on this Website are provided as information to interested persons and may be used for informational and personal purposes only.  Modification or use of the materials for any other purpose may violate our (or a third party’s) intellectual property rights.  This Website is not intended for commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges.

Material from this Website may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent.  Any unauthorized use or violation of these Terms of Use immediately and automatically terminates your right to use this Website and may subject you to legal liability. You agree not to use the Website for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Website. Appropriate legal action will be taken for any illegal or unauthorized use of the Website. Some examples of unauthorized or illegal use of this Website include, but are not limited to:

  1. collecting usernames and/or email addresses of Users for the purpose of sending unsolicited email;
  2. the unauthorized framing by you of the Website;
  3. criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  4. covering or obscuring the banner advertisements on any Website page via HTML/CSS or any other means;
  5. any automated use of the system, such as using scripts to alter your content;
  6. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
  7. attempting to impersonate another User or person;
  8. displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as placing commercial content on the Website;
  9. using the Website in a manner inconsistent with any and all applicable laws and regulations.

4. NO WARRANTY

Your use of the Website is at your sole risk. The content and information posted on the Website is provided to you “as is” without warranties or representations of any kind.  We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Website to the broadest extent permitted by law.  We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Website.  We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Website.  We make no warranties or representations that your use of content and information posted on this Website will not infringe rights of third parties. 

You are not authorized to download any content from the Website. If you download any content from the Website, we will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such content.

5.  LINKS TO THIRD PARTY SITES; ADVERTISERS

The Website may provide you with links or other access to other websites, services, products or content of third parties.  We have no control over, nor do we endorse any, such websites, services, products or content. You acknowledge and agree that you access such third party websites, services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same.  We recommend you read the privacy and terms of use policies of each third party’s website that you access.

6.  PRIVACY POLICY

Please see our “Privacy Policy” at http://novisnyc.com/privacy for additional details with respect to how we maintain and respect the privacy of your personal information.  You agree to our collection, use and sharing of your information as set forth in our Privacy Policy.

7.  CONTENT

In no event will anything contained in these Terms of Use or any area of the Website be construed as a representation or guarantee with respect to any of the content. We do not guarantee the accuracy, completeness or usefulness of any content. Furthermore, we do not endorse, nor are we responsible for, the accuracy and reliability of any opinion, advice or statement made on the Website by any third party. We assume no responsibility and no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.

We reserve the right, in our sole discretion, to reject, refuse to post or remove any Content (defined below) posted by you, or to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability.  We expressly reserve the right to restrict, suspend, or terminate your access to the Website if we determine, in our sole discretion, that you pose a threat to the Website and/or its Users.

Users may be able to post content on the Website. You are solely responsible for any content, photos, artwork, videos, text, graphics, articles and other information you upload, post, display or otherwise provide to the Website (“Content”).  You represent and warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this Paragraph 7; (ii) your Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Content on the Website does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and other monies owing to any person by reason of any Content you post on the Website.

The following is a partial list of the type of Content that is illegal or prohibited to post on or through the Website.  Prohibited Content includes, but is not limited to Content that:

  1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. harasses or advocates harassment of another person;
  3. exploits people in a sexual or violent manner;
  4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  5. solicits personal information from anyone under 21;
  6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
  7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, spamming, or spimming;
  10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  12. solicits passwords from Users or personal identifying information for commercial or unlawful purposes from other Users;
  13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
  14. includes a photograph of another person that you have posted without that person's consent.

We do not claim any ownership rights in the Content that you post to the Website. After posting your Content to the Website, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By supplying Content to any area of the Website, you automatically grant to us for purposes of maintaining the Website, making Content available, and you represent and warrant that you have the right to so grant, an irrevocable, transferable, perpetual, non-exclusive, fully paid up, worldwide license to use, copy, perform, reproduce, display, edit, modify and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sub-licensees of the foregoing.  Additionally, we shall be free to use any ideas, concepts, know-how or techniques contained in such Content for any purpose whatsoever, including without limitation, developing, manufacturing and marketing products and services which incorporate such Content. 

8. NO CONTENT MONITORING.

We are under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion to review compliance with these Terms of Use.  We will make all determinations as to what Content is appropriate in its sole discretion.  We may include, edit or remove any Content at any time without notice.   

9. TERMINATION OF ACCESS.

In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your access to the Website, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities. 

10. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

We are committed to complying with copyright and related laws, and we require all Users of the Website to comply with these laws.  Accordingly, you may not store any material or content on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements.  You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any User who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent.

If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately.  Upon our receipt of a proper notice of claimed infringement under the DCMA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content in issue.  Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.

If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our designated agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Website;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our designated agent for notice of claims of copyright infringement can be reached as follows: 

By Mail:       NOVIS

      115 Broadway, Suite 1505

      New York, NY 10006

                       

 

By Email:     customercare@novisnyc.com

11. INDEMNITY

You agree to defend, indemnify and hold us, our subsidiaries, and affiliates, and each of our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, issued by any third party due to or arising out of your use of the Website in violation of these Terms of Use and/or arising from a breach of these Terms of Use (including, without limitation, any breach of your representations and warranties set forth herein).

12. TERM.

These Terms of Use shall remain in full force and effect while you use the Website or are registered with the Website. You may terminate your registration at any time, for any reason. We may terminate your registration at any time, without warning. Even after your registration is terminated you continue to remain bound by these Terms of Use to the extent you continue to access the Website in any capacity.

13. USER DISPUTES.

You are solely responsible for your interactions with other Users of the Website. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

14. LIMITATION ON LIABILITY.

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR YOUR REGISTRATION.

15. U.S. EXPORT CONTROLS.

Software made available to you by the Website (the "Software") is subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

16. MISCELLANEOUS

Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.  These Terms of Use and your account on the Website are personal to you and may not be transferred or assigned.  These Terms of Use are governed by U.S. federal law and the laws of the State of New York, U.S.A., regardless of your location, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in New York County, New York, U.S.A. in all disputes arising out of or relating to the Website. Either we or you may demand that any dispute between us and you about or involving the Website must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York County, New York, USA, provided that the foregoing shall not prevent us from seeking injunctive relief in a court of competent jurisdiction.  Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions. Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.  If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.  These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Website), constitutes the entire understanding between you and us.

Please contact us at customercare@novisnyc.com with any questions regarding these Terms of Use.

We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Website or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address.

PRIVACY POLICY

This website is owned and operated by Jordana Warmflash, LLC (“we”, “us”, “our”). We are committed to protecting your privacy. This policy provides you with details on the information we collect from you and the uses we make of your personal information. If you do not want us accessing and/or using your personal information as described herein, please do not provide us with any! This policy may be updated from time to time without prior notice, so please check back periodically. If you continue to visit this Website and use the services made available to you after such changes have been made, you hereby provide your consent to the changes.

We encourage you to read this policy to learn more about what information of yours we collect and how we use it and how you can “opt-out” of receiving communications from us. Additionally, this policy includes information about how we endeavor to protect your data. If you have any questions about our collection and use of your information, please contact us at customercare@novisnyc.com

INFORMATION COLLECTED; USE OF INFORMATION; SHARING OF INFORMATION

PERSONALLY IDENTIFIABLE INFORMATION

If you contact us, we may keep a record of that correspondence. We may collect personally identifiable information (“Personal Information”) such as your name, address, telephone number, date of birth and e-mail address from you. Personal Information is collected via voluntary submissions from you such as those pertaining to product purchases and promotions entries both online and offline. If you do not want to provide us with your Personal Information, you may still access the Website but certain areas may not be accessible to you. If you choose to submit content to any public area of the Website, your content will be considered “public” and will not be subject to the privacy protections set forth herein or any applicable law, rule or regulation. We encourage you to exercise caution when making decisions about what information you disclose in such public areas. Furthermore, except as otherwise described in this Privacy Policy, any content you post to a public area of the Website may be used by us for any purpose.

Your Personal Information may be used by us (i) to process your registration requests, purchase orders and promotions entries; (ii) communicate with you; (iii) administer assistance to you when requested; and (iv) as required by applicable laws, rules or regulations, or the Terms of Use applicable to this Website. We may share your Personal Information with third parties to further the purpose for which you provided such information to us, for example, in order to process a purchase order. We also share your Personal Information with third parties if we believe that the law requires us to do, or to protect our own property or the property of our affiliates. Additionally, in the event of a corporate restructuring (such as, a sale, merger or other asset transfer), we may share your Personal Information with a third party.

NON-PERSONALLY IDENTIFIABLE INFORMATION

Certain non-personally identifiable information (“Non-Personal Information”) about our visitors is collected by the standard operation of our Internet servers and through the use of “cookies”. A “cookie” is a small amount of data sent to your browser from a web server and stored by your computer. Generally, cookies are used to enable us to deliver to you a better and more personalized service, assist us in tracking visits to the Website and to measure visitor patterns. This information is not personally identifiable and is used by us only to improve the Website. We do not use cookies to retrieve Personal Information from your computer, or use cookies to retrieve other information from your computer for purposes that are unrelated to the Website or your interaction with the Website. We reserve the right to disclose or utilize any of this information in aggregate form, for any purpose, in our sole judgment. The Non-Personal Information we collect is used by us to improve the content of our Website and enhance your experience. Third party advertisers that serve ads on the Website may also use their own cookies. By modifying your browser preferences, you can accept or reject all cookies. If you choose to reject all cookies, you will not be able to access the portions of the Website that require you to register in order to participate.

You may have certain rights under the Communications Act, Federal Trade Commission Act, and other state and federal statutes that may apply, and by accepting these terms and using the Website, you are waiving all of these rights as to collection, use, disclosure and storage of your Personal Information and Non-Personal Information collected by us.

PROTECTION FOR CHILDREN AND MINORS

This Website is not intended for, and we have no intention of collecting personally identifiable information from persons under the age of 13. If a person under the age of 13 has provided us with personally identifiable information, we will use all reasonable efforts to delete such information from our database. If you are under the age of 13, you are not authorized to access or submit any content or information to this Website.

OPT-OUT

If you do not want to receive email or other communications from us in the future, please send an email to us at the address below requesting to be removed from our mailing list. You will also have the option of clicking on a link included in email correspondence you receive from us in order to remove yourself from our mailing list.

Email Contact: customercare@novisnyc.com

 

Please note that there might be a brief delay between when you submit your request to “opt-out” and when it is processed and reflected in our systems; accordingly you may continue to receive communications from us for a limited time after you unsubscribe. We appreciate your patience.

SECURITY

We are committed to using our best efforts to maintaining the security of your Personal Information. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we adhere to industry standard practices and procedures to help safeguard and secure the information we collect. Although we use our best efforts to protect the security of your Personal Information and our system, due to the inherent open nature of the Internet, no transmission via the Internet can be guaranteed to be 100% secure. As a result of this and other factors beyond our control, we cannot guarantee the security of the information that you transmit to or through our Website. Therefore, you assume that risk by using the Website.

LINKS TO OTHER WEBSITES

This Website contains links to other websites for the purchase of third party products and services. Please be aware that we are not responsible for such third party sites in any manner including without limitation, the privacy practices of other websites. We encourage you to be aware when you access any such third party links and to read the privacy policies of each website that you access. This Privacy Policy only applies to information collected by us by this Website.

OFFERS AND PROMOTIONS

We may from time to time offer you opportunities that are sponsored or co-branded with third parties. Such content may include contests, sweepstakes or promotions. In connection with such opportunities, the relevant third parties may obtain Personal Information that you voluntarily submit to participate in such opportunity. We have no control over these third parties’ use of such information.

CONTACT US

If you have any questions, comments or concerns regarding this Privacy Policy and/or the practices described herein, please email us at customercare@novisnyc.com or write us at:

NOVIS

115 Broadway, Suite 1505

New York, NY 10006

GOVERNING LAW

This Privacy Policy and our legal obligations hereunder are subject to the laws of New York, U.S.A., regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in New York County, New York, U.S.A. in all disputes arising out of or relating to the Services.

Your use of this Website is governed by, and subject to, the legal notices and disclaimers located at http://www.novisnyc.com and is subject at all times to all such legal notices and disclaimers. Furthermore, your use and access of the Website constitutes your agreement to be bound by the provisions contained in the Terms of Use and in this Privacy Policy.

RETURN POLICY

Every NOVIS garment is made with love in NYC; it is our hope that you love your NOVIS purchase as much as we do. However, if you decide not to keep your order for any reason, we will happily accept returns in their original condition with tags intact for a refund.  Returned merchandise must be unworn, unwashed, unaltered and in original packaging, and must be postmarked for return to us within 30 days from the date of delivery.  For more details on returns, eligible returns and our return policy, please do not hesitate to contact us at customercare@novisnyc.com.

We are proud to now offer complimentary domestic ground shipping and complimentary domestic returns.

All discounted products are FINAL SALE.

RETURN GUIDELINES

Please follow the simple steps below to complete your return or exchange.

    1. Email customercare@novisnyc.com for a return authorization number.
    2. Complete the return form provided in your original shipment.
    3. Package the return form and your order securely in the original packaging and send it to the address below.                                                         
    NOVIS
    Attn: Customer Care
    115 Broadway, Suite 1505
    New York, NY 10006
    4. Upon receipt of your return, we will promptly process an exchange or issue a refund.

     

    TAXES & DUTIES

    Prices displayed on the website are exclusive of taxes and duties. If you are shipping within the USA, sales tax will only be charged on orders shipped within New York State. No other tax or import duty will be applied to orders shipped within the USA. Please note that all non-customs related local taxes are the customer's responsibility. NOVIS is not responsible for reporting or paying additional local taxes to states. 

    Outside the USA, duties will vary, and may or may not be displayed during checkout, depending on your order destination. You may incur Delivery Duty Unpaid (DDU) fees upon delivery. As the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you are shipping to; payment of these is necessary to release your order from customs on arrival.

    POLICIES