Terms & Conditions

Last updated: 06.01.2022

Introduction

Welcome to NovaTrak^TM! By using our website and/or using the services that are provided, you acknowledge that you have read, understood, and agree to be bound by our Terms and Conditions. These Terms and Conditions unconditionally extend and apply to all related applications, internet services, or website extensions. If you are not in agreement with all of these Terms and Conditions, you are prohibited from using this Website, and you must discontinue use immediately. NovaTrak^TM recommends that you save or print a copy of these Terms and Conditions for future reference.

Agreement to Terms and Conditions

NovaTrak^TM Terms and Conditions (these "Terms" or these "Terms and Conditions") contained in this Agreement shall govern your use of this Website and all its content (collectively referred to herein as this "Website"). These Terms outline the rules and regulations guiding the use of NovaTrak^TM located at www.nova-trak.com. All materials/information/documents/services or all other entities (collectively referred to as content) that appear on the NovaTrak website shall be administered subject to these Terms and Conditions. These Terms and Conditions apply in full force and effect to your use of this Website, and the use of this Website constitutes an express agreement with all the terms and conditions contained herein in full. Do not continue to use this Website if you have any objection to any of the Terms and Conditions stated on this page.

Definitions/Terminology

The following definitions apply to these Terms and Conditions, Privacy Statement, Disclaimer Notice and all Agreements: "User", "Visitor," "Client," "Customer," "You" and "Your" refers to you, the person(s) that use this Website. "NovaTrak^TM", "We", "Our" and "Us", refers to our Website/Company. "Party," "Parties," or "Us," refers to both you and us. All terms refer to all considerations of NovaTrak^TM necessary to undertake support to you for the express purpose of meeting your User needs in respect of our services, under and subject to, the prevailing law of the state or country in which NovaTrak operates (the state of Colorado). Any use of these definitions or other glossary in the singular, plural, capitalization, and/or pronoun are interchangeable but refer to the same.

 

Intellectual Property Rights

Other than the content you own and opted to include on this Website, under these Terms, NovaTrak^TM and/or its licensors own and reserve all intellectual property rights of this Website. You are granted a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, subject to the restrictions entailed in these Terms and Conditions, for purposes of viewing this Website's content.

Services

The content of this Website is not intended for use or distribution to any person or entity in any jurisdiction, geographical location, or country/state where such use or distribution will be contrary to the laws and regulations or subject NovaTrak^TM to any form of registration, claims, demands, costs, liabilities, damages, or expenses.

The Website is intended for users who are at least 18 years of age. If you are under the age of 18, you cannot use or register to use this Website or its services without parental permission or consent. By agreeing to these Terms and Conditions, you represent that you have the necessary legal capacity to comply and be bound by these Terms and Conditions.

Acceptable Use

You may use this Website strictly for the purpose of providing professional financial planning services to your customers who pay you for providing professional financial planning services. If you are not a professional financial planner, you have no legal right to use this Website, and by accepting these Terms and Conditions represent that you are a professional financial planner.

You may use this Website only as permitted by these Terms and Conditions and may not use this Website for any purpose other than for which NovaTrak^TM makes the Website and its services available.

License

Unless otherwise stated, NovaTrak^TM and/or its licensors own the intellectual property rights for all content on NovaTrak^TM All intellectual property rights are reserved. You may access any Website content from NovaTrak^TM for your personal use subject to restrictions set in these terms and conditions.

NovaTrak^TM hereby restricts you from, and you agree not to do, all of the following:

1. Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer, decompile, modify, or alter any part of the Website;
2. Republishing any NovaTrak^TM content in any media;
3. Reproducing, duplicating, or copying any NovaTrak^TM content;
4. Selling, renting, sublicensing, and/or otherwise commercializing any NovaTrak^TM content;
5. Publicly performing and/or displaying any NovaTrak^TM content;
6. Using this Website in a manner that is, or maybe, damaging and/or impacts user access to this Website;
7. Using his Website contrary to the relevant rules, laws, and regulations of your country of residence, or in a manner that causes, or may cause, harm to the Website, or any person or business entity;
8. Conducting data mining or any other similar activity concerning this Website, or while using this Website; and
9. Using this Website to engage in any form of business advertising or marketing.

Specific areas of this Website may be restricted from user access, and NovaTrak^TM may further extend such restriction to the entire Website, at any time, and at its sole discretion. Any user identification, security key, or password you may have on this Website are confidential, and you are responsible for maintaining such information confidential.

Your Account

You will need your own NovaTrak account to use NovaTrak Services, and you will be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

     You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.

1. All registration information you submit will be true, accurate, current, and complete.
2. You will maintain the accuracy of such information and promptly update such registration information as necessary.
3. You have the legal capacity, and you agree to comply with these Terms of Use.
4. You are not a minor in the jurisdiction in which you reside.
5. You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
6. You will not use the Site for any illegal or unauthorized purpose.
7. Your use of the Site will not violate any applicable law or regulation.

User Content

User Content must be your own and must not be infringing on any third party's rights. NovaTrak^TM reserves the right to remove any of your content from this Website at any time, without notice.

We have not reviewed, and cannot review, all of the content posted to our Services by users or anyone else (“Content”) and are not responsible for any use or effects of such Content. 

You understand and acknowledge that you are responsible for any User Contents you submit or contribute, and you, not the Us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

 We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

Please note that additional third-party terms and conditions may apply to the downloading, copying, purchase, or use of Content.

We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from, www.nova-trak.com or our other Services. For example:

1. We do not have any control over those websites and are not responsible for their contents or their use.
2. The existence of a link to or from one of our Services does not represent or imply that we endorse such a website.
3. We disclaim any responsibility for any harm resulting from non-NovaTrak websites.

You warrant and represent that:

You are entitled to upload/input/publicize content on our Website and have the necessary legal capacity, license or consent to do so;

1. Your content does not infringe any intellectual property right, including without limitation to copyright, patent, or trademark of any third party;
2. Your content is true, accurate, current, complete, and relates to you and not a third party;
3. Your content does not contain any libelous, defamatory, offensive, immoral, or otherwise illegal material which is an invasion of privacy; and
4. The content will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

Linking and Hyperlinking Rights

We reserve the right to file requests that you remove all links or any particular link created by you that redirect to our Website, and you approve to immediately remove such links to our Website upon request. We may amend the terms and conditions of these linking rights at any time. By continuously linking to our Website, you agree to be bound to and follow the terms of this linking policy.

Feel free to contact us if you find any link on our Website that is offensive, and we may consider requests to remove such links. Still, we are not obligated to do so or respond to you directly or immediately.

Hyperlinking to our Content

Organizations such as search engines, government agencies, news organizations, and online directories may link to our Website without prior written approval. We may review other link requests from popular consumer and/or information specialists, charity organizations, internet portals, educational institutions, trade associations, and dot.com community sites. Any interested organization must inform and contact us for further information regarding our linking policy. However, such linking does not imply endorsement, sponsorship, partnership, or approval by us of any kind.

No use of our logo or other design intellectual property will be allowed for linking, except a trademark license agreement.

Link to third-party content

This Website may contain links to websites or applications operated by third parties. Please know that we do not control any such third-party websites or applications or the third-party operator. NovaTrak is not responsible for and does not endorse any third-party websites or applications or their availability or content.

NovaTrak accepts no responsibility for adverts contained within the Website. You agree that you do so at your own risk when you purchase any goods and/or services from any such third party. The advertiser, and not us, remains responsible for such goods and/or services, and if you have any questions or complaints about them, you should contact the advertiser

Privacy Policy

By using this Website and its services, you may provide us with certain personal information. By using NovaTrak^TM or its services, you authorize us to use your information in any country or state that we operate in. We reserve the right to use such information to improve your user experience and facilitate mailing and traffic, and market analytics. See our Privacy Policy.

By accessing this Website, specific information about the User, such as Internet protocol (IP) addresses, site navigation, user software, and the surfing time, along with other similar information, will be stored on NovaTrak servers. Information about their identities, such as name, address, contact details, billing information, and other information stored on this Website, will strictly be used only for statistical purposes and will not be published for general access. NovaTrak^TM, however, assumes no responsibility for the security of this information.

Disclaimers/Warranties/Limitation of Liabilities

NovaTrak^TM Website is provided "as is," with all liabilities, and NovaTrak^TM makes no express or implied undertakings, representations, or warranties, of any kind related to this Website or the content contained on this Website.

NovaTrak^TM does not make any endorsements, warranties, or representations about the accuracy, reliability, expertise, or completeness of any such content. You agree that reliance on any such content shall be at the User's risk. NovaTrak^TM periodically changes, adds, modifies, improves, or updates this Website's consent with or without prior notice. 

Under no circumstance shall NovaTrak^TM be liable for any loss, damage, injury, liability, or expense incurred or suffered from the use of this Website, including, without limitation, any fault, error, omission, commission, delay, failure, interruption, deletion, alteration, disruption, cessation, or incursion concerning such use by us, our affiliates or any third party unless such a claim has been made against NovaTrakTM within one year of the time such claim accrued. Moreover, NovaTrakTM shall only be liable to you for any claim of loss, damage, injury, liability, or expense (including reasonable attorney’s fees) for any claim under contract or tort or any other theory of law related to this agreement or the Website in an amount limited to the amounts actually paid by you to NovaTrakTM in the previous twelve calendar months. Under no circumstance shall NovaTrak^TM or any of its partners and affiliates be liable for any indirect, consequential, accidental, or special damages, even if NovaTrak^TM has been advised against the risk or possibility of such damages. The User agrees that NovaTrak^TM will not be liable for any conduct or behavior of the User arising from the use of this Website. As a result, the use of this Website and all or any of its content is at the User's sole risk.  

In no event shall NovaTrak^TM, nor any of its officers, directors, employees, and affiliates, be liable for any loss, injury, or damage arising out of your use of this Website, whether, under contract, tort, or otherwise, and NovaTrak, including its officers, directors, employees, and affiliates shall not be liable for any indirect, consequential, or special liability arising out of your use of this Website.

Indemnification

As a condition for the use of this Website, you, the User, agrees to indemnify NovaTrak and its affiliates to the fullest extent, from and against all actions, claims, liabilities, losses, damages, costs, demands, and expenses (including reasonable attorney's fees) arising out of the User's use of this Website, including without limitation,(i) any advice or deliverable provided by you to your financial planning customers, and (ii) any claim related to the breach of any of the provisions of these Terms and Conditions. If dissatisfied with any or all of the content on this Website or any or all of its Terms and Conditions, the User may discontinue using this Website.

Termination

The provisions of these Terms and Conditions shall remain in full force and effect while you use the NovaTrak^TM website or its services. Users may terminate their use by following the instructions for terminating user accounts in your account settings or by contacting us at support@nova-trak.com.

We reserve the right and sole discretion to, and without notice or liability, deny access to and use of the Website (including blocking specific IP addresses) to any user for any reason including but not limited to breach of any representation, warranty, or Agreement in these Terms or any applicable law or regulation.

We also reserve the right, if, in our sole discretion, we determine that your use of the Website or its services is in breach of these Terms and Conditions or of any applicable law or regulation, to terminate your use of the Website and its services or delete your account and any or all of your content, without warning or prior notice. Suppose we terminate or suspend your account for any reason set out under this section. In that case, you are prohibited from registering and creating a new account under your name, or a false identity, or the expression of a third party. In addition to terminating or suspending your account, NovaTrak^TM reserves the right to take appropriate legal action(s), including without limitation pursuing civil, criminal, and injunctive redress.

 

General Provisions

Language

All correspondence made under this Agreement shall be in English.

Governing Law & Jurisdiction

The Terms and Conditions of this Website will be governed by and construed under the laws of the State of Colorado without regard to any choice of law provisions. You hereby unconditionally submit to the jurisdiction of the courts located in the State of Colorado and the City and County of Denver for the resolution of any disputes. In the event NovaTrak^TM prevails in any legal proceeding against you related to enforcement of these Terms and Conditions, you shall be responsible to pay NovaTrak^TM all costs and reasonable attorney fees incurred in pursuing the claim against you, including at trial and through any appeal. Moreover, in addition to any and all remedies at law or equity, in the event you breach the licensed rights of these Terms and Conditions, you agree that such a breach (or threatened breach) will cause irreparable damage to NovaTrak^TMand in the event of such a breach, NovaTrak^TM will have the right to seek injunctive relief without any obligation to prove actual harm, or post a bond or any other security.

Severability

Suppose any of Term or Conditions is proven to be unenforceable or void under any applicable law. In that case, such shall not render the entirety of these Terms and Conditions unenforceable or invalid. As a result, any such provision shall be deleted without affecting the remaining provisions herein. The provisions of these Terms and Conditions that are unlawful, void, or unenforceable are deemed severable from these Terms and Conditions and do not affect any remaining provisions' validity and enforceability.

Variation of Terms

NovaTrak^TM reserves the right to revise these Terms at any time as it sees fit. By using NovaTrak^TM, you are expected to review such Terms regularly to ensure you comprehend all the Terms and Conditions regarding the use of this Website.

Assignment

NovaTrak^TM reserves the right to assign, transfer, and subcontract its rights and/or obligations under this Agreement without any prior notification or consent required. Users shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms. Furthermore, a person who is not a party to these Terms and Conditions shall have no right to enforce any provision contained therein.

Preservation of Immunities

Nothing herein shall constitute a limitation upon the privileges and immunities of NovaTrak^TM, which are specifically reserved.

Waiver

Our failure to exercise any or all of these Terms and Conditions' provisions at any point in time shall not operate as a waiver of such right or provision.

Entire Agreement

These Terms and Conditions, including any legal notices and disclaimers on this Website, constitute the entire Agreement between NovaTrak^TM and you concerning your use of this Website. Ultimately, this Agreement supersedes all prior agreements and understandings concerning the same.

Contact us

To resolve any complaint or clarification regarding the use of this Website or its services or receive information concerning that, please contact us at support@nova-trak.com