Terms & Conditions

LEGAL TERMS OF WEBSITE USE PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
  1. Your Acceptance Of These Terms
    1. The Materials (as defined below) on this Novium Learning, Inc. (“Novium”) website (the “Website”) are provided by Novium as a service to its users. All uses of the Materials or the Website are subject to the terms and conditions of this legal notice (the “Terms”). By viewing the Website or downloading any Materials from the Website, you agree to these Terms. If you do not agree to the Terms, do not view the Website or download any Materials from it. These Terms apply to all users of the Novium Website.
    2. BY USING AND/OR VISITING THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS, AS WELL AS THE TERMS AND CONDITIONS OF NOVIUM’S PRIVACY POLICY, WHICH ARE PUBLISHED AT http://www.NoviumLearning.com, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE.
  2. License
    1. All users may browse the Website for personal entertainment and information. You are further permitted to submit and upload content to the Website that may include documents, text, graphics, photos, sounds, music, videos, files and the like (“User Submissions”) relating to Novium’s mission of providing learning services and instructional materials for career and worklife advancement.
    2. You may download one copy of the Materials found on the Website on a single computer for your own internal use only, unless specifically licensed to do otherwise by Novium in writing or as allowed by any license terms that accompany or are provided with individual Materials. Under these Terms, you are granted a limited license, not a transfer of title, and your license is subject to the following restrictions: you may not: (a) modify the Materials or; (b) use the Materials for any commercial purpose or any public display, performance, sale or rental or; (c) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; (d) remove any copyright or other proprietary notices from the Materials; (e) transfer the Materials to another person.
    3. Except as permitted herein, all reproduction, alteration, redistribution, re-publication, downloading, display, notification or transmission of any Materials on the Website is expressly forbidden in total or in part, in any format, by any means, without the express prior written permission of Novium. Novium will enforce its rights to the full extent of the law against any unauthorized commercial use of the Materials.
  3. Protected Information
    1. The Materials hosted on the Website are copyrighted and protected by trademark and other intellectual property laws. Such materials may include without limitation text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like; and the trademarks, service marks and logos contained therein ("Marks") (altogether referred to herein as “Materials”). The Materials are owned by or licensed to Novium, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Unauthorized use of the Materials may violate copyright, trademark, and other laws. No title or intellectual property rights are transferred to you or any third party through the use of or access to the Website. All rights, title, and interest in and to all aspects of the Website remain the sole property of Novium or its authorized third-party licensors and service providers.
  4. No Warranties
    1. THE MATERIALS AND THE WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. NOVIUM FURTHER MAKES NO WARRANTIES WHATSOEVER PERTAINING TO PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE. Novium and its suppliers further do not warrant the accuracy or completeness of the Materials. Novium may make changes to the Materials and the Website at any time without notice. Novium makes no commitment to update the Materials or the Website. Novium does not warrant that User Submissions or other content found on the Website are accurate, complete, reliable, current, or error-free.
    2. Neither Novium nor its third-party licensors or service providers warrant that the Website or associated server computers are free of viruses or other harmful components. You solely (and not Novium) assume the entire cost of all necessary servicing, repair, or correction to your equipment, computers, software, or data resulting in any way from viewing or downloading the Materials or otherwise using the Website.
  5. Disclaimer of Liability
    1. IN NO EVENT SHALL NOVIUM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS OR WITH RESPECT TO ANY ITEM TRANSACTIONS, EVEN IF NOVIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
  6. User Submissions and Communications
    1. On certain areas of the Website, you may be able to interact with other users or upload messages or otherwise make User Submissions to be hosted, shared and/or published on the Website. Except as otherwise expressly specified in our Privacy Policy, on our Website pages or in these Terms, all User Submissions as well as any other information, communications or materials that you post or transmit to the Website ("Communications") are and will be treated as non-confidential and non-proprietary. Novium assumes no responsibility to prevent the "harvesting" of information from the Website, and you may be contacted by Novium or unrelated third parties, by e-mail or otherwise, within or outside of this Website. You understand that Novium is free to use any stories, ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information without any compensation to the person sending such information.
    2. By transmitting or posting any User Submissions or Communications on the Website, you grant to Novium or its designees a perpetual, royalty-free, transferable, fully paid-up world-wide license to use, exploit, distribute, sublicense, lease and market (directly or indirectly through agents and distributors), display, perform, modify and have modified, reproduce, copy and have copied, publish and prepare derivative works thereof in any form and format and in any media in existence or hereinafter developed, the User Submissions and Communications and any and all information contained therein. Novium and its designees will be free to copy, edit, alter, arrange, disclose, distribute, incorporate and otherwise use the User Submissions and Communications and all data, images, sounds, text, and other things embodied therein in its sole discretion for any and all commercial or non-commercial purposes. Novium shall not have any obligation to provide you with any credit when using your User Submissions and Communications, and you waive any "moral rights" that you may have in the User Submissions and Communications. You understand that Novium will act in reliance upon your grant of rights, representations, warranties and indemnities in this Agreement and may incur substantial expense in reliance upon this grant of rights, representations, warranties and indemnities should Novium use your User Submissions and Communications.
    3. You agree that you are solely responsible for your User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to authorize the license grant of Section 6b., above.
    4. In connection with User Submissions and Communications, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary or contractual rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Novium all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Novium or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) impersonate another person; (v) misrepresent an affiliation with another person or organization; (vi) submit material that advertises any illegal service or the sale of any items which is prohibited or restricted by any applicable law; or (vii) post or transmit any unlawful, threatening, libelous defamatory, obscene, pornographic, indecent or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense or violate any law or regulation.
    5. Novium does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Novium expressly disclaims any and all liability in connection with User Submissions. Novium does not permit any activities on the Website that are infringing of intellectual property rights, and Novium will remove all User Submissions and Communications upon being properly notified that such User Submission or Communications infringe the intellectual property rights of a third party. Novium reserves the right to remove User Submissions and Communications without prior notice. Although Novium may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Website, Novium is under no obligation to do so and assumes no responsibility or liability arising from the content of any such Website locations or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such Website locations. Novium assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Website. We may terminate your post(s), message(s), and your ability to upload Content if we believe, in our sole discretion, that you have violated any of the terms in these Terms, as amended from time to time in our sole discretion, or any law. Novium also reserves the right to solely decide whether or not User Submissions or Communications are appropriate and comply with these Terms.
    6. If you believe that Content was posted in violation of these Terms, please notify us via email at: info@noviumlearning.com. We may, but typically will not, acknowledge receipt of your complaint. You agree that we cannot and will not act as arbiter of disputes arising from third party communications or transmission to the Website, but will take only such action as we believe are appropriate in our sole discretion. If you are a copyright owner and you believe your rights have been violated by Content uploaded to this Site, please follow our proprietary rights complaint process below.
    7. Copyright owners or agents thereof, upon belief that any User Submissions or Communications infringe such owner’s copyrights may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Novium with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (I) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (II) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (III) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (IV) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (V) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (VI) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    8. You are prohibited from posting or transmitting User Submissions or Communications that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Novium will fully cooperate with any law enforcement authorities or court order requesting or directing Novium to disclose the identity of or help identify or locate anyone posting any such User Submissions or Communications.
    9. You agree that when using the Novium Website, you may be exposed to User Submissions and/or Communications from a variety of sources, and that Novium is not responsible for the accuracy, usefulness, safety, confidentiality or intellectual property rights relating to such User Submissions and/or Communications. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against Novium with respect thereto, and agree to indemnify and hold Novium, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
    10. You expressly agree that Novium is not responsible for the protection of any User Submissions and/or Communications that may be considered by you to be proprietary, sensitive or otherwise unsuitable for general disclosure. You understand that any documents, spreadsheets, graphics, video, music, text, software, files or other content of any type that you post on the Website are posted at your sole risk, and Novium will have no liability whatsoever in the event that such content is disclosed to any third party regardless of whatever losses you may suffer from such disclosure.
  7. Boards. Any ratings or review services, message boards, blogs, chat rooms, and other forums (collectively, the "Boards") we may provide on the Website are intended to allow information exchanges and users to express their opinions. We encourage you to interact with the Website by reading and commenting on our postings. Additional rules pertaining to the items that we may post are as follows:
    1. Not all posts will be published. Novium reserves the right to review all User Submissions and to remove or refuse to post any User Submission for any reason, in its sole discretion. We do not guarantee that you will have any recourse to edit or delete any User Submissions you have submitted. You acknowledge that you, not Novium, are responsible for the contents of your User Submissions.
    2. The purpose of the Boards is to focus on Novium’s learning mission. Accordingly, we will not post or comment on other Novium policies or rumors, or on our competitors‚ products, marketing strategies or people that endorse their products.
    3. We will not post any User Submissions that contain business solicitations of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service, or for which you have been compensated or granted consideration by any third party.
    4. We will not post any User Submissions that include any information that references other websites, addresses, email addresses, contact information or phone numbers.
    5. By submitting your email address, you agree that Novium and its third party service providers may use your email address to contact you about the status of your post and other administrative purposes.
    6. We may occasionally edit some postings according to these policies.
  8. User Representations; Indemnification
    1. You represent and warrant that: (a) by submitting any User Submissions, you are 18 years of age or older, or are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms; (b) all User Submissions and Communications you provide to Novium on any forms on the Website are true and accurate; (c) you will maintain and promptly update information that you provide in User Submissions to keep it true, accurate, current and complete; (d) you will at all times comply with all applicable laws, rules, and regulations with respect to your use of the Website; (e) you will not use the Website in connection with making User Submissions, Communications or otherwise, to infringe, misappropriate or violate the rights of Novium or third parties; (f) you will only make User Submissions or Communications of information to which you have sufficient rights to grant the license set forth in Section 6., above; (g) you will not knowingly include in User Submissions, Communications or otherwise introduce to the Website, any viruses or other items of a destructive nature; and (h) you will comply at all times with these Terms for the Website as they may be amended from time to time by Novium.
    2. By accessing and/or using the Website under these Terms, you further agree to and authorize all Novium policies under its Privacy Policy, including but not limited to policies regarding disclosure of personally identifiable information. You understand and agree that all use of personally identifiable information submitted by you to Novium on the Website is governed by the terms of Novium Privacy Policy.
    3. You agree that with respect to any special promotions, coupon offers, sweepstakes, or other like activities offered on the Website, that you will abide by the rules established by Novium for such activities as described on the Website.
    4. You will indemnify and hold harmless Novium against any and all judgments, settlements, penalties, costs and expenses (including attorneys' fees) paid or incurred in connection with claims due to, resulting from or arising in connection with User Submissions or Communications made distributed, displayed, transmitted or published by you, including but not limited to those attributable to (a) infringement, misappropriation or violation of any copyrights or other proprietary rights of any third party, (b) personal injury, and (c) errors in or omissions from such User Submissions or Communications.
    5. You will not use or launch any automated system (including without limitation, "robots," "spiders," "offline readers," etc.), that accesses the Website in a manner that sends more request messages to the Novium servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Novium grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Novium reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
  9. Use Of Marks On The Website
    1. Novium only purports to use its Marks in those territories in which it or its affiliates are entitled to do so, whether by virtue of pending or registered trademarks, licenses, or otherwise. Novium does not purport to use any name, logo or mark in any territory in which it is not so entitled, and will not supply or offer to supply products and/or services bearing any such name, logo or mark into any such territory. The use or misuse of these trademarks or any other Materials is strictly prohibited.
  10. Term and Termination
    1. These Terms shall continue in effect for so long as Novium maintains the Website, unless terminated otherwise herein. Novium may terminate these Terms at any time if you are in breach of these Terms, for any other reason, or for no reason at all. Upon termination, you will immediately destroy any copies of the Materials in your possession.
  11. Links To/From Other Sites
    1. Third party websites may be linked to or from the Website. Such linked websites are not under the control of Novium, and Novium is not responsible for the content of any linked website or any link contained in a linked website. Novium reserves the right to terminate any link or linking program at any time. Novium does not endorse companies or products to which it links, unless we expressly state otherwise. If you decide to access any third party website linked to the Website, you do this entirely at your own risk. By using the Website, you expressly relieve Novium from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave the Novium Website, and to read the terms and conditions and privacy policy of each other website that you visit.
    2. You may provide links to the Website from other websites provided that (a) you link only to the Website home page, (b) you do not remove or obscure, by framing or otherwise, any identifications, advertisements, copyright notice, or other notices on the Website, (c) you give Novium notice of such link via e-mail or certified postal mail, and (d) you discontinue providing links to the Website if requested by Novium.
  12. General
    1. Novium maintains offices within the United States of America from which it may administer the Website. Novium makes no representation that Materials on the Website are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. You agree that any claim relating to the Materials shall be governed by the substantive laws of the State of New Jersey, and you agree to personal jurisdiction and convenient forum therein.
    2. Novium may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by additional express legal notices or terms posted on particular pages of the Website. Continued use of the Website following any change constitutes acceptance of the change.
    3. You may terminate your access to the Website at any time. Novium may suspend or discontinue providing the Materials to you with or without cause and without notice. Novium may pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.
    4. You agree that when you visit our Website or contact us, you are communicating with us electronically. We will also communicate with you via email or by posting notices on and updates to the Website. By using the Website, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
    5. Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically on the Website by Novium. Notices shall be deemed to have been properly given: 1) on the date deposited for postal mail; 2) on the date first made available, if displayed in the Website; or 3) on the date received, if delivered in any other manner. Notices to you may be sent to any of the addresses provided by you on any form on the Website. Except as expressly directed otherwise by Novium herein or elsewhere in the Website, notices to Novium should be sent to: Novium Learning, Inc., 396 Washington Street, #350, Wellesley, MA 02481. E-mail: info@noviumlearning.com.
    6. The failure of Novium to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
    7. You may not assign your rights or delegate your duties under these Terms.
    8. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof. All prior agreements, understandings, negotiations or representations, whether oral or in writing, relating to the subject matter hereof are superseded and canceled in their entirety.
    9. If any provision hereof is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that these Terms for the Website will in any event remain valid and enforceable.
    10. YOU AND NOVIUM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE NOVIUM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.