Terms Of Service

 
Welcome to www.novedge.com (the “Site”), owned and operated by Novedge LLC, a California limited liability company (“Novedge”). By using the Site in any way, including any service made available at the Site, you are agreeing to comply with and to be bound by these Terms of Use and all rules, policies and disclaimers posted on the Site or about which you are notified (collectively, “Terms”). Please review these Terms carefully before using the Site. By using the Site, you agree to be bound by these Terms. If you do not agree with all of the Terms, do not use the Site. The terms “you,” “your,” and “yours” refer to you, the user of the Site. The terms “Novedge,” “we,” “us,” and “our” refer to Novedge.

 
Changes to the Terms

We may periodically make changes to these Terms, in our sole and absolute discretion. When we do, we will update the “Date of Last Revision” date hereunder. It is your responsibility to review the most recent version of these Terms and remain informed of any changes. You agree that your continued use of the Site after the effective date of any changes will constitute your acceptance of the changed Terms for your continued use.

 
Our Services

Our mission is to give professionals and companies the best design tools, and the power to connect with CAD service providers. To help advance this mission, we are a distributor of various design tools, but also provide an expert platform (the “Novedge Platform”) for our customers to seek out quality CAD consultants (collectively, the “Services”). The Novedge Platform is provided as a courtesy to CAD experts who wish to connect with other professionals in need of their services.

 
Access to the Site; Account Registration

We do not provide you with equipment to access the Site. You are responsible for all fees charged by third parties to access the Site (e.g., charges by internet service providers).

If any of the Services requires you to hold an account on the Site, such as our software sales platform, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Novedge immediately of any unauthorized use of your account or any other breach of security. Novedge will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Novedge or another party due to someone else using your account or password. You may not use anyone else’s account at any time.

You can contact Novedge directly for any purchase of our products and services at 1-866-362-8970, or via email at info@novedge.com. If you would like to request inclusion in the Novedge Platform, you must contact us via email at info@novedge.com. Any purchases executed shall be subject to the Novedge Terms of Sale, which can be found Here.

 
Changes to the Site

We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Site without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

 
Limited License

Subject to these Terms, Novedge grants you a limited, revocable license to access and use the Site solely for the purchase of any products and services sold by Novedge to your organization, or to use the Novedge Platform, as intended by Novedge. No other use of the Site is authorized.

 
Restrictions

You must comply with all applicable laws when using the Site. Except as may be expressly permitted by applicable law or expressly permitted by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any information or material available on the Site (“Site Content”) or compile or collect any Site Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Site or store, copy, modify, distribute, or resell any Site Content; © rent, lease, or sublicense your access to the Site; (d) use the Site or Site Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Site; (f) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Site or Site Content; (g) use the Site in a manner that threatens the integrity, performance, or availability of the Site; or (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Site or Site Content.

 
Account Suspension or Termination

We reserve the right to suspend or permanently disable access to the Novedge Platform or your account for any reason. We may also suspend or disable your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.

 
Where we take such action, we’ll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Services; or where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.

 
You can contact us at info@novedge.com if you think we have disabled your account by mistake.

If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: Restrictions; Ownership; Privacy Policy; Links and Third-Party Content; Feedback, Limitation of Liability; Indemnity; Disclaimer of Warranties; and Legal Notices.

 
Ownership

Except as to any content provided by you for use in the Novedge Platform, we or our affiliates or licensors, or applicable third parties, retain all right, title, and interest in and to the Site and Site Content and any trademarks, logos, or service marks displayed on the Site or in Site Content (“Marks”). The Site, Site Content, and Marks are protected by applicable intellectual property laws and international treaties. You are not permitted to use any Marks without the prior written consent of Novedge or such third party which may own the Mark.

 
Some content that you share may be protected by intellectual property laws. You own the intellectual property rights (things like copyright or trademarks) in any such content that you create and share on Novedge. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.

 
However, to provide our services we need you to give us some legal permissions (known as a ‘license’) to use this content. This is solely for the purposes of providing and improving the Services. Specifically, when you share content that is covered by intellectual property rights on or in connection with our Services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a profile image on Novedge, you give us permission to store, copy, and share it with others. 

 
This license will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account. To delete your account, please contact us at info@novedge.com. When you request deletion of your content, it will no longer be visible to other users once deleted by Novedge, however it may continue to exist elsewhere on our systems where:

• immediate deletion is not possible due to technical limitations (in which case, your content will be deleted within a maximum of 90 days from when you request deletion); or
• where immediate deletion would restrict our ability to:
• investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our Services or systems);
• comply with a legal obligation, such as the preservation of evidence; or
• comply with a request of a judicial or administrative authority, law enforcement or a government agency;

in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis). In each of the above cases, this license will continue until the content has been fully deleted.

 
Privacy Policy

Our Privacy Policy (available Here) is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to our collection, use, storage and disclosure of personal information, including order information and other information about you that we collect through the Site.

 
Links and Third-Party Content

The Site may contain links to third party products, services, and websites. We exercise no control over any third-party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third-party products, services, and websites. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third-party products, services, and websites. Additionally, if you follow a link or otherwise navigate away from the Site, please be aware that these Terms, including the Privacy Policy, will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party websites to which you navigate to from the Site.

 
Promotions

From time to time, we may offer promotions to Site visitors. To be eligible for a promotion, you must, for the duration of the promotion, reside in a jurisdiction in which the promotion is lawful. If you take part in any promotion, you agree to be bound by the specific promotion rules and by the decisions of Novedge and our designees, which are final in all matters relating to any promotion. Any awards provided by us or our sponsors or partners are at our sole discretion. We and our designees reserve the right to disqualify any entrant or winner in our absolute discretion without notice. Any applicable taxes on any award are the sole responsibility of each winner.

 
Feedback

Novedge may provide you with a mechanism to provide feedback, suggestions, and ideas about the Site or us (“Feedback”). You agree that we may, in our sole discretion, use the Feedback you provide in any way, including in future modifications to the Site, our products, or services. You hereby grant us a perpetual, worldwide, fully transferable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose.

 
Disclaimer of Warranties 

YOUR USE OF THE SITE, ANY SITE CONTENT, OR ANY OF THE SERVICES, INCLUDING YOUR SUBMISSION OF FEEDBACK OR INFORMATION FOR USE ON THE NOVEDGE PLATFORM, IS AT YOUR SOLE RISK. THE SITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NOVEDGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE OR SITE CONTENT, AND YOU RELY ON THE SITE AND SITE CONTENT AT YOUR OWN RISK. ANY MATERIAL YOU RECEIVE THROUGH THE SITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NOVEDGE OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

 
Limitation of Liability

NOVEDGE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NOVEDGE HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SITE AND SITE CONTENT. UNDER NO CIRCUMSTANCES WILL NOVEDGE’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED $50. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, IN WHICH CASE NOVEDGE’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

 
Indemnity

You will indemnify and hold Novedge, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Site or Site Content, your submission of Feedback, your violation of these Terms, or your violation of any rights of a third party through use of the Site or Site Content.

 
Legal Notices

These Terms will be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of law. You submit to the jurisdiction of the federal or state courts of or located in Alameda County, California, with respect to any action or proceeding arising out of or in any way related to these Terms, and you hereby waive any venue or other objection which you may have to any such action or proceeding being brought in the federal or state courts of in Alameda County, California. No failure or delay by us in exercising any right under these Terms will constitute a waiver of that right. If any portion of these Terms is held invalid by a court of competent jurisdiction, then such portion will be deemed to be of no force or effect, and these Terms will be construed as if such portion had not been included. The headings used in these Terms are for convenience of reference only and do not affect the meaning or construction of these Terms.

 
Contacting Novedge

If you have any questions or concerns about the Site or these Terms, please send us a thorough description by email to info@Novedge.com, or write to us at:

NOVEDGE LLC

2001 Addison St.
Suite 300, PMB 0203
Berkeley, CA 94704

Date of Last Revision: June 13, 2021