Terms & Conditions of Use

1. Definitions

As used in this Agreement: “Agreement” means these Terms & Conditions of Use and any materials available on the Platform specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by Company from time-to-time in its sole discretion; “Company” or “we” or “us” means Novora Communities, LLC, a limited liability company organized and existing under the laws of the State of Georgia, which operates the Platform and has an office at 1065 Peachtree Street, Unit 3502, Atlanta, GA 30309, and its successors and assigns; “you” or “your” means any individual or entity using the Platform, or, if being used by an individual on behalf of an entity or with the authorization of an entity, such individual and such entity, provided that if such individual is under eighteen (18) years of age or the age of majority in your jurisdiction, whichever is older, “you” or “your” shall also include such individual’s parent or legal guardian.

2. Privacy and Security; Disclosure

Company’s Privacy Policy may be viewed at www.novoracommunities.com/home/terms-and-conditions. Company reserves the right to modify its Privacy Policy in its reasonable discretion from time to time.

3. Payment Processing

Company may use a third-party payment service provider to process payments, such as Stripe. By submitting a credit card or other payment method (your “Payment Method”), you agree to the terms of service and privacy policies of the third-party payment service provider (for example, see the Stripe Services Agreement). You hereby represent and warrant that any bank or payment information you provide is accurate and that you are authorized to use the provided payment method. You are responsible for any fees, overdraft charges, or other costs incurred due to inaccurate or unauthorized payment information. Any disputes related to payments must be resolved directly with the third-party payment service provider or your financial institution. Company is not responsible for mediating or resolving payment disputes but may provide relevant information to assist in resolving such disputes.

Company reserves the right to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). Company may update your Payment Method with information provided by the applicable third-party payment service provider(s), and you authorize Company and its third-party payment service provider(s) to continue to charge amounts due to the updated Payment Method.

4. Intellectual Property

All services, content, information displayed, performed or otherwise accessible through the Platform, including, without limitation, digital images, software, designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively the “Company Materials”) are the intellectual property of Company, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns (collectively, “Licensors”), and are protected by the copyright, trademark, patent, and other intellectual property laws of the United States and other jurisdictions as may be applicable. Without limiting the generality of any other provisions of this Agreement, the use of any Company Materials on any other platform or networked computer environment is prohibited.

5. License Grant

This Agreement grants to you a limited license to access and use the Platform and its content for your personal, non-commercial use. The prohibited commercial use is not intended to limit your personal use on behalf of an entity. Any attempts to otherwise access or display the Company Materials is a violation of the license granted hereunder. Except as expressly provided herein, you agree that no portion of the Platform may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained in this Agreement shall be deemed or construed to confer any other right in or title to the Platform and/or the Company Materials, in whole or in part. You may not make any modifications to any Company Materials other than as expressly permitted by us or the applicable Licensor.

6. User Content

For the purposes of this Agreement, “User Content” means text, graphics, images, works of authorship of any kind, and information or other materials that you provide or otherwise make available through the Platform. Company does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. However, by making any User Content available through the Platform, you hereby grant to Company a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Platform and Company Materials to you and to other users.

Notwithstanding the above, you are responsible for all User Content posted by you, and Company does not and shall not have any responsibility for any User Content. You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide through the Platform or otherwise to us. Company does not and cannot review every submission by users and is not responsible for, nor does it endorse or guarantee the accuracy and appropriateness of the content of such submissions. Company retains the right, but has no obligation, to review, edit or delete any User Content that Company deems to be illegal, offensive, or otherwise inappropriate.

7. Restrictions on Use

Company provides the Platform to you and intends the Platform to be used in a safe and enjoyable manner. You are responsible for your User Content. Users of the Platform must not:

• use the Platform in such a way as to offend or interfere with the use by anyone else of the Platform;
• sell, trade or barter any items through the Platform;
• upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using the Platform that (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate for illegal activity; (vii) advertise or otherwise solicit funds, goods, or services; or (viii) are treated as confidential under any contract or policy;
• reveal personal information to other users online;
• attempt to circumvent the security systems of the Platform;
• attempt to gain access to or use the Platform in a fraudulent manner;
• attempt to gain access to any other user’s accounts;
• attempt to ascertain any other user’s password and/or personal information by any means whatsoever, including without limitation, by use of the Platform or any other Platform, or by e-mail communication;
• attempt to harvest or otherwise collect information about other users without their consent;
• attempt to use the Platform for any purposes other than the purposes intended by Company;
• or upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

Moreover, you agree that you will not (i) download or copy any Platform pages, except as may occur through the normal caching function of your browser or device and except to print and retain a copy of the pages of the Platform for your own personal, non-commercial use; (ii) download or copy Platform information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of the Platform or the Company Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of the Platform or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to the Platform and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of Company or its licensors; (viii) use any meta tags or any other “hidden text” utilizing the trademarks, logos, trade names or content of Company or its licensors; or (ix) redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render any code related to or used in the Platform to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.

8. Indemnity

By accepting this Agreement and using the Platform, you agree to indemnify, defend and otherwise hold harmless Company and its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from (i) your use of the Platform and/or the Company Materials; (ii) unauthorized access to or alteration of your communications with or through the Platform and/or the Company Materials, or (iii) any other matter relating to the Platform and/or the Company Materials. Any communications or transactions which may arise between users from their use of the Platform and/or the Company Materials are the sole responsibility of the users involved, and Company disclaims any and all responsibility for such communications or transactions.

9. Third-Party Interactions

During use of the Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Platform. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Company shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. Company does not endorse any sites on the Internet that are linked through its Platform. Company provides these links to you only as a matter of convenience, and in no event shall Company be responsible for any content, products, or other materials on or available from such sites. Company provides services to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.

10. Product Disclaimers; Disclaimers of Warranty

COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE PLATFORM. COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE PLATFORM OR COMPANY’S PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE PLATFORM OR THE SERVER(S) THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PLATFORM AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY COMPANY.

11. Limitation of Liability

IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWO (2) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL COMPANY BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS PLATFORM, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE PLATFORM, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE PLATFORM, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN ANY INFORMATION CONTAINED HEREIN, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, COMPANY’S TOTAL CUMULATIVE LIABILITY RELATING TO YOUR USE OF THE PLATFORM SHALL NOT EXCEED $1,000. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

12. Notice

Company may give notice by means of a general notice on the Platform, electronic mail to your e-mail address on record in Company’s account information, or by written communication sent by first class mail to your address on record in Company’s account information. Such notice shall be deemed to have been given two (2) business days after mailing (if sent by first class mail) or twenty-four (24) hours after sending (if sent by e-mail). You may give notice to Company (such notice shall be deemed given when received by Company) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Company at the following address:
Novora Communities, LLC, 1065 Peachtree Street, Unit 3502, Atlanta, Georgia 30309 in either case, addressed to the attention of: Manager.

13. Modification to Terms

Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to its products and services at any time, effective upon posting of an updated version of this Agreement on the Platform. You are responsible for regularly reviewing this Agreement. Continued use of the Platform or Company’s products or services after any such changes shall constitute your consent to such changes.

14. Applicable Law; Arbitration

This Agreement shall be governed in all respects by the laws of the State of Georgia and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. Any disputes, actions, claims or causes of action arising out of or in connection with this Agreement, the Platform, or Company’s products or services shall be settled by legally binding arbitration under the rules of Henning Mediation in Atlanta, Georgia. Judgment upon an arbitration decision may be entered into any court otherwise having jurisdiction. You understand and agree that these methods shall be the sole remedy for any controversy or claim arising out of this Agreement, the Platform, or Company’s products or services, and expressly waive YOUR RIGHT TO FILE A LAWSUIT IN ANY CIVIL COURT AGAINST COMPANY FOR SUCH DISPUTES, EXCEPT TO ENFORCE AN ARBITRATION DECISION.

15. General

If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or use of this Platform. The failure of Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing. This Agreement, together with any applicable form and policies, comprises the entire agreement between you and Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

16. Questions or Additional Information

If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to help@novoracommunities.com.