TERMS OF USE

THESE TERMS OF USE APPLY TO YOUR USE OF THIS WEBSITE AND TO THE PURCHASE OF ANY PRODUCTS THAT YOU MAY ORDER THROUGH THIS WEBSITE. THESE TERMS OF USE FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND NOUVEAU AMERICANA INC., DBA NUEVO (“NUEVO”). YOU MUST READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING, BROWSING, SUBSCRIBING TO, PURCHASING PRODUCTS THROUGH, OR OTHERWISE USING THIS WEBSITE, YOU AGREE TO COMPLY WITH THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE, YOU MAY NOT USE THIS WEBSITE.

By using this website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with Nuevo. If you are not the legal age of majority under applicable law, you must not access or use this website or place any orders for products from this website.

You should read this policy in conjunction with our Privacy Policy and Terms and Conditions of Sale and ensure that you understand how we collect and use your information

Our Policies will be updated from time-to-time. Please refer back regularly to keep yourself up-to-date

Your Use of the Website

Users are responsible for obtaining their own access to this website. Users are required to ensure that all persons who access this website through a user’s internet connection are aware of these Terms of Use and comply with them. Users are responsible for any security breaches or performance issues relating to this website that are attributable to user’s connection to or use of this website.

Users who are Interior designers, sales agents or retailers may create accounts on this website. To create an account, user registration is required. To create an account, all registration information provided must be correct, current, and complete. Any purchases made through this website are subject to our Terms and Conditions of Sale, which form part of these Terms of Use.

Any user name, password, or any other piece of information chosen by you or provided to you as part of our security procedures, must be treated as confidential by you, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your account, any user name, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use.

Intellectual Property Policy

All content and material on and/or forming part of this website or as may be provided by Nuevo from time to time, including but not limited to text, photographs, drawings, images, brand names, trademarks, logos, and product designs and configurations (collectively referred to as the “Content”), whether available online, or in other electronic or printed form in catalogues, advertisements, and marketing materials, are protected by copyright, trademark and other intellectual property laws, are the exclusive property of Nuevo and its licensors, and may not be copied, reproduced, used, or displayed without the express prior written permission of Nuevo. All rights not expressly granted in these Terms of Use are reserved.

To the extent that Nuevo grants to you a consent to make any copies of Content, the copies that you make shall be solely for your private, non-commercial use or for such other use as may be authorized in writing in advance by Nuevo, and you agree that you shall retain all copyright and other proprietary notices on all copies in the same form and manner as on the original.

Nuevo’s permission to copy, reproduce, use, or display any Content may be terminated or withdrawn by Nuevo for any reason, and such permission is automatically withdrawn once the Nuevo product(s) featured in the Content has been discontinued or is no longer available, or once you are no longer authorized to sell Nuevo products, at which point, all Content within your possession or control must be immediately returned to Nuevo and/or destroyed. All permissions granted by Nuevo under this provision are merely licenses to copy, reproduce, use or display the Content in media specified by Nuevo and solely for the purposes specified by Nuevo.

Nuevo may, in its sole discretion, terminate or suspend your license to copy, reproduce, use or display any of the Content for any reason, including, without limitation, your breach of these Terms of Use.

COPYING, REPRODUCTION, USE OR DISPLAY OF ANY CONTENT, EXCEPT AS EXPRESSLY AUTHORIZED BY NUEVO IN WRITING, CONSTITUTES A VIOLATION OF THE RIGHTS OF NUEVO, ITS LICENSORS AND SUPPLIERS, MAY BE A VIOLATION OF FEDERAL OR OTHER LAWS AND COULD SUBJECT THE VIOLATOR TO LEGAL ACTION. YOU MAY NOT COPY, REPRODUCE, USE OR DISPLAY ANY CONTENT IN ANY MEDIA OR FORMAT IF YOU ARE NOT AN AUTHORIZED RESELLER OF NUEVO’S PRODUCTS.

Your Submissions to Us

Your provision of registration information and any submissions you make to this website through any functionality such as applications, e-mail, message boards, personal or interest group web pages, profiles, forums, bulletin boards and other such functions (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

Certain areas of the website may provide to you the ability to upload content or we may ask you for permission to reproduce and display content that you have uploaded to various social media sites. By submitting content to any area of this website or by granting to Nuevo the right to display content that you have uploaded to social media sites, you grant Nuevo and its affiliates a royalty-free perpetual, irrevocable, transferable, non-exclusive right (including any moral rights) and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and otherwise use such content, in whole or in part, worldwide in all manner and media (whether now known or later developed). You represent and warrant that you have, or the third party holder of the moral rights in such content has, completely and effectively waived all such rights and that you have the lawful right and authority to grant the licence granted herein. You also authorize any user of this website to access, display, view, store and reproduce such content for personal use.

You agree not to submit, publish, transmit, display, disseminate or otherwise communicate any libellous, defamatory, inaccurate, abusive, threatening, offensive or illegal material while connected to or otherwise using this website or any Service. Transmission of such material shall constitute a material breach of these Terms of Use. Nuevo does not and cannot review every submission posted by users and is not responsible for, nor does it endorse, such submissions. You acknowledge that any submissions may be edited, removed, modified, published, transmitted and displayed by Nuevo or the administrators of this website, in their sole discretion. Users remain solely responsible for the content of their submissions.

Prohibited Conduct

You are prohibited from attempting to circumvent and from violating the security of this website including without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restrict disrupt or disable service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor this website; (f) use any robot, spider, or other automatic device, process, or means to access this website for any purpose, including monitoring or copying any of the material on this website; (g) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attack this website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempt to interfere with the proper working of this website.

Except as expressly provided herein, this website and the Content, or any part thereof, may not be reproduced, modified, republished, uploaded, posted, transmitted, sold, distributed or otherwise used in any way, without the express prior written permission of Nuevo. Prohibited conduct includes, without limitation:

1. modifying, translating, reverse engineering, decompiling, disassembling this website, the Content or any part thereof;
2. renting, leasing, sublicensing or transferring any rights in this website or the Content;
3. removing any proprietary notices or labels on this website or the Content;
4. violating, plagiarizing or infringing on the rights of Nuevo or any third party, including copyright, trademark, privacy, contractual or other personal or proprietary rights;
5. any unauthorized use of the Content (including use on any other website or networked computer environment); and
6. engaging in any conduct which Nuevo, in its sole discretion, determines to be detrimental to its interests, including, without limitation, acting or failing to act in a manner contrary to these Terms of Use, or intentionally interfering with the website or Nuevo’s computer systems.

Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under applicable laws.

Security

All sessions on this website are secured using Secure Socket Layer (SSL) encryption. The servers hosting this website are protected by sophisticated firewall hardware and software, and are physically located in secured facilities.

You may be issued a user name and password (collectively, your “account”) in order to access certain sections of this website. You are responsible for maintaining the confidentiality of your account, and for all activities that occur through the use of your account. You agree to: (a) immediately notify Nuevo of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Nuevo will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or required to change your password from time to time.

Disclaimers

• No Warranties on Website or Content
  THIS WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, NUEVO DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND IMPLIED WARRANTIES AND CONDITIONS ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE. NUEVO DOES NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NUEVO DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, MERCHANDISE OR OTHER INFORMATION PROVIDED THROUGH THIS WEBSITE OR ON THE INTERNET GENERALLY. IN NO EVENT WILL NUEVO BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THIS WEBSITE.
• Linked Sites
  Nuevo shall have no responsibility or liability to you in connection with third party websites accessible by links posted on this website (“Linked Sites”). Access to Linked Sites is at your own risk and Nuevo is not responsible for the availability, accuracy or reliability of the contents of any Linked Site or any link posted on a Linked Site. Nuevo provides links to you only as a convenience, and the inclusion of a link does not imply endorsement of the Linked Site or any products, services, materials or statements contained or referred to thereon by Nuevo.

Limitation of Liability

You agree that Nuevo and its subsidiaries, affiliates, directors, officers, employees, representatives, licensors and licensees shall not be liable to you for any damages of any kind arising from your use of this website, any products or any Linked Sites or your reliance on any Content. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including, but not limited to, direct, indirect, special, incidental, consequential or punitive damages. In no event shall Nuevo’s total liability to you for all damages, losses, and causes of action, whether in contract, tort (including but not limited to negligence) or otherwise, exceed any amounts paid by you to Nuevo to access this website in the month immediately preceding the event giving rise to such liability.

Indemnity

You agree to indemnify, defend and hold harmless Nuevo and its subsidiaries, affiliates, directors, officers, employees, representatives, licensors and licensees, from any damages, losses, costs and expenses (including reasonable legal fees), incurred in connection with any third party claim or demand alleging or based upon your breach of these Terms of Use or your violation of any law or the rights of such third party. Nuevo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by Nuevo.

Termination

Nuevo may, in its sole discretion, terminate or suspend your access to all or part of this website, the Content and/or any products for any reason, including, without limitation, your breach of the Agreement or transmission of any unsolicited advertising materials.

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms of use without our prior written consent. Any purported assignment or delegation by you without our consent is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.

No Waiver

The failure or delay by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by one of our duly authorized representatives.

Severability

If any provision of these Terms of Use is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms of Use and will not affect the validity or enforceability of the remaining provisions of these Terms of Use.

No Third-Party Beneficiaries

These Terms of Use do not and are not intended to confer any rights or remedies upon any person or entity other than you.

Notices

• To You. We may provide any notice to you under these Terms of Use by: (i) sending a message to the email address you provide or (ii) if you have an account, posting to your account on the website. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
• To Us. To Us. To give us notice under these Terms of Use, you must contact us as follows: (i) by facsimile transmission to 416-781-9369; or (ii) by personal delivery, overnight courier or registered or certified mail to Nuevo, 900 Caledonia Road, unit #9, Toronto, Ontario M6B 3Y1. We may update the facsimile number or address for notices to us by posting a notice on this website. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms of Use, when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.

Jurisdictional Issues

Access to this website and the Content is not permitted where prohibited by law. If you choose to access this website or Content, you do so on your own initiative and are responsible for compliance with applicable laws.

English Language

The parties have required that the Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demandé que les modalités d'utilisation ainsi que tous les documents qui s'y rattachent soient rédigés en anglais. The English version of these Terms of Use is the only official version and any translated version is provided as a convenience.

Updates and Amendments

Nuevo reserves the right to change, modify or amend these Terms of Use, or add or remove portions of this website and any products, at any time in its discretion and you agree to be bound by such changes, modifications, additions or deletions. The current version of these Terms of Use will be posted on this website at all times. Please check back frequently to see any updates or changes to these Terms of Use. Your continued use of this website following the posting of changes will constitute your agreement to be bound by such changes.

General

These Terms of Use and your use of this website shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising under these Terms of Use shall be resolved exclusively by the courts located in Toronto in the Province of Ontario. You agree not to bring any legal action against Nuevo in any jurisdiction except the Province of Ontario and you shall submit and consent to such jurisdiction. If any provision of these Terms of Use is deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between you and Nuevo in connection with your use of this website and/or the purchase of any products from the website. Your use of this website is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and Nuevo other than that of independent contractors.