PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Nowvac. The collective work includes works that are licensed to Nowvac from the product manufacturers. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non- commercial use, or to purchase Nowvac products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Nowvac. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Nowvac used in the site are trademarks or registered trademarks of Nowvac. Nowvac’s trademarks may not be used in connection with any product or service that is not Nowvac’s, in any manner that it likely to cause confusion among customers, or in any manner that disparages or discredits Nowvac. All other trademarks not owned by Nowvac that appear on this site are the property of their respective owners, who may or may not be affiliated with, or be connected to Nowvac.
You understand that Nowvac does not manufacture, store or inspect any of the products sold on this platform. Nowvac provides the venue. The products in our marketplace are produced, listed, and sold directly by manufacturers or independent sellers. Nowvac cannot and does not make any warranties regarding the use of the products, their correctness, quality, safety, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. All warranties related to products are listed in the product-specific literature and terms and conditions issued by manufacturer that are listed on the product page. Any legal claim related to a product you purchase must be brought directly against the seller of the product. You release Nowvac from any claims related to products sold through our platform, including for defective products, misrepresentations by sellers, or products that caused physical injury (like product liability claims). Nowvac does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Nowvac disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
Limitation of Liability
Nowvac shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Nowvac has been advised of the possibility of such damages.
Nowvac offers two payment options. Buyers may either (1) authorize payment with any major credit card accepted by Nowvac, or through Stripe or (2) request a Net 30 payment option which is administered by Resolve. Nowvac partners with third party providers and licensed payment processors to facilitate payments and may share your personal or transactional information when it is necessary to process payments. By using a third-party service, you may also be subject to a user agreement with that third party.
Cancellation of Orders
Cancellations happen. If a payment is made via credit card or purchase order, a refund is free of charge until the order has been shipped. Once the order has been shipped, please contact the seller directly to process a return if possible and within their guidelines.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Nowvac without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Your use of this site shall be governed in all respects by the laws of the State of Delaware, U.S.A., without regard to choice of law provisions. The 1980 U.N. Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of products) shall be in the state or federal courts located in the State of Delaware. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of products) must be commenced within one (1) year after the claim or cause of action arises. Nowvac's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Nowvac may assign its rights and duties under this Agreement to any party at any time without notice to you.
Sanctions and Export Policy
You shall comply with all applicable U.S. and other export and re-export restrictions that may apply to the products sold on this platform. You may not use the Nowvac platform if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the government of the country where you are using this platform.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Nowvac or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Nowvac does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Nowvac is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Nowvac reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Nowvac in its sole discretion.
You agree to indemnify, defend, and hold harmless Nowvac, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Nowvac may link to sites operated by third parties. However, even if the third party is affiliated with Nowvac, Nowvac has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Nowvac. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Nowvac seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).