Last amended on September 14, 2024
Welcome to NoovoLife.com! NoovoLife.com (the “Site”) is owned and operated by Mybushotel LLC dba Noovo (“Noovo”). These Terms of Use govern your access to and use of the Site, all content, subpages, subdomains, and applications on the Site, and all products (including van conversions) and services modeled, displayed, accessed, or sold through the Site and through applications related to the Site (including mobile applications). By accessing the Site or using the Site in anyway, you agree to be contractually bound by the Terms of Use herein.
Please review the Terms of Use carefully. The Terms of Use contain important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that may apply to you. Do not access the Site if you are unwilling or unable to be bound by the Terms of Use.
You may not purchase any products or services from Noovo if you do not agree to the Terms of Use, provided that, in the event of a conflict between the Terms of Use and any signed contract between you and Noovo, the signed contract shall control to the extent of such conflict.
1. THE SITE.
a. Grant of Rights. Subject to your compliance with the Terms of Use, you are granted a limited, revocable, non-transferable, non-assignable, and non-exclusive license to download, install, and access the Site and any mobile application offered by Noovo, and the content available on the Site and any mobile application, solely in connection with your use of Noovo’s products or services. Any use of the Site that is not for the purposes stated herein or otherwise in accordance with this Agreement is expressly prohibited.
b. Restrictions. You shall not (a) copy any of the content or data from the Site or related mobile applications, whether or not patentable, trademarked, or copyrighted; (b) modify, translate, adapt or otherwise create derivative works or improvements of the Site or mobile applications; (c) decode or otherwise attempt to gain access to the source code of the Site, mobile application, or any part thereof; or (d) remove, delete, alter or obscure any patent, trademark, copyright or other intellectual or proprietary property from the Site or mobile applications.
c. Artistic and Graphic Content. All artistic renderings, photographs, plans, graphic images, and drawings, on the Site are for illustrative purposes only, and are provided to assist you in visualizing Noovo’s products and services, and may not be accurately depicted and may be subject to change over time based upon availability of materials and designs, and other factors. Noovo makes no guarantee, representation, or warranty that products or services will be identical to graphic or illustrative depictions on the Site.
d. Links to Third-Party Websites. The Site may contain links to third party websites or services that are not owned or controlled by Noovo. Noovo has no control over, and assumes no responsibility for the content, policies, or practices of any third-party websites or services. Noovo does not endorse the content of any third-party website, nor does it warrant that such third-party website will not contain viruses or otherwise impact your computer or mobile phone. Noovo strongly encourages you to read any Terms of Use and other applicable policies of any third-party websites or services that you visit. You are solely responsible for determining the extent to which you use any content at any third-party or co-branded websites to which you might link from the Site.
e. Changes To Terms of Use. Noovo reserves the right, at its sole discretion, to modify or replace these Terms of Use at any time. Notification of any amendment will be posted on the Site by the indication of the last amendment date at the top of the Agreement and will be effective immediately.
f. Termination, Suspension, Discontinuation. Noovo reserves the right, at its sole discretion, to terminate, suspend or discontinue the Site or any Products or Services at any time, without notice to you.
2. COPYRIGHT.
The content, organization, graphics, design, compilation, translation, digital conversion and other matters related to the Site are protected under applicable copyright, trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, or publication of any material from the Site is strictly prohibited without Noovo’s prior written consent. You do not acquire ownership rights to any content, document, or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information or materials. Some of the content of the Site may be the copyrighted work of third-parties.
Notwithstanding any language to the contrary, Noovo complies with the notice-and-takedown procedures set forth in Section 512(c) of the United States Digital Copyright Act (“DMCA”), which applies to content reported and removed for violating U.S. copyright law. If you are a copyright owner, and you believe that any content on the Site infringes upon your copyrights, you may submit notification pursuant to the DMCA by providing Noovo’s Copyright Agent with the following information in writing:
a. The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyright works are covered by a single notification, a representative list of such works;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Noovo or its authorized agent or representative to locate the material;
d. Information that is reasonably sufficient to allow Noovo to contact you, such as an address, telephone number, and email address;
d. A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You must provide notice of claimed infringement to Noovo’s designated copyright agent at contact@noovolife.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
If you believe that the content removed or disabled was not infringing, or that you have the authorization from the copyright owner to post and use the material, you may send a counter-notice containing the following information to the Copyright Agent at the address listed above:
a. Your physical or electronic signature;
b. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
c. Your physical or electronic signature;
d. A statement that you have a good faith belief that the content was removed or disabled because of a mistake or misidentification; and
e. Your name, address, telephone number, and e-mail address.
If your counter-notice is received by Noovo’s Copyright agent, Noovo may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced and/or access restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Noovo’s sole discretion.
3. USER CONTENT.
If you provide Noovo with any text, graphics, photos or other materials or content (“User Content”), you grant Noovo a non-exclusive, perpetual, transferable, irrevocable, assignable, royalty-free, license to use, reproduce, distribute, create, display, digitally perform, deliver or publish, sell, offer to sell, and commercialize the User Content, or any portion thereof, in any manner, context, or form in which Noovo deems fit. You further agree to waive your right to be identified as the author of User Content and your right to object to derogatory use or treatment of such User Content. If Noovo does decide, in its sole discretion, to attribute User Content to you, you hereby grant Noovo the right to use your name (and/or any user name), image, likeness, and/or photo with respect to such attribution, and you waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your name, image, likeness and/or photos. You hereby agree to waive all claims of moral rights associated with being the author of User Content, and to consent to Noovo doing all acts that would otherwise constitute an infringement of your moral rights, as well as waive the right to inspect or approve any finished video, photograph, sound track, web site, advertising copy or printed matter that may be used in conjunction therewith or to the eventual use in any media that it might be applied. The rights you grant above are irrevocable during the entire period of the protection of your intellectual property rights associated with such User Content.
You represent and warrant that any information you provide to Noovo, including all User Content is not (a) false, inaccurate, misleading, obscene or defamatory; (b) fraudulent; (c) does not involve the sale of counterfeit or stolen items; (d) does not infringe any third party’s copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) is yours or you have the necessary licenses, rights, consents, and permissions to such information, videos, or photographs and to grant the rights and licenses to Noovo under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all such information in the manner contemplated in these Terms of Use; (f) doesn’t violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; (g) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (h) is not intended to circumvent or violate the letter and spirit of the Terms of Use.
4. PRIVACY POLICY.
Your use of the Site is subject to Noovo’s Privacy Policy. By using the Site, you acknowledge and agree to the terms set forth in the Privacy Policy.
5. COOKIES POLICY.
Your use of the Site is subject to Noovo’s Cookies Policy. By using the Site, you acknowledge and agree to the terms set forth in the Cookies Policy.
6. ELECTRONIC COMMUNICATION.
By agreeing to the Terms of Use and using the Site, you consent to receiving electronic communications from Noovo through any electronic means that you have provided to Noovo, including but not limited to wireless cellular phone numbers and email addresses. You consent to being contacted at those numbers or addresses using prerecorded artificial voice messages and/or automatic telephone dial devices. You understand and agree that providing your wireless telephone number and consenting to receive calls or texts at that number is not a condition of purchasing a service or product. You further understand and agree that these communications may contain your non-public information. You explicitly confirm that this consent covers the use of these contact methods to call or send text messages to the wireless telephone number(s) and to send text or email messages to the email address(es) you provide, for which you may incur a charge. You can control permission for calls or texts by contacting Noovo at +1 (725) 215-214 or contact@noovolife.com.
When you provide your wireless cellular phone number to Noovo, Noovo may send you text messages. The frequency of Noovo’s text messages varies and is dependent on your requests and the related products and services from Noovo. You may request that Noovo stop sending you text messages at any time. Message and data rates may apply for any messages sent or received. If you have other concerns, feedback, or want to exercise other rights you have under the law, such as certain other opt-out rights please email Noovo at contact@noovolife.com.
7. NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Site, you warrant that you will not use the Site or the content thereof for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
8. NO WARRANTIES.
The Site is presented “as-is” and no warranties of any kind, express or implied, are made regarding the content of the Site or any materials published on the Site. Specifically, without limitation, Noovo does not warrant that you will be able to use the Site or that any portion of this Site will be free of viruses, Trojan horses, or other technical defects. Additionally, Noovo makes no representations, warranties or guarantees, whether express or implied, that the content, data, or information on the Site is accurate, complete or up to date.
9. LIABILITY DISCLAIMER.
The information on the Site is for general informational purposes only. Your use of the site is at your own discretion and risk. The Site may be subject to limitations, delays, or other problems inherent in your use of the Internet, mobile devices, and electronic communications. Further, Noovo makes no representation or warranty of any kind, express or implied (including but not limited to implied warranties of merchantability or fitness for a particular purpose), regarding the accuracy, validity, reliability, or availability with respect to the information on the website or the information, products, services, or related graphics contained on the Site for any purpose whatsoever. To the fullest extent permissible by law, Noovo shall not be responsible for any claims, losses, liabilities, or damages of any kind, (including but not limited to direct, indirect, incidental, special, or punitive damages), whether arising in contract, tort, or otherwise, arising from your use of the Site, or from your use of (or failure to use) any information on the Site. Some jurisdictions do not allow exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, but in such cases the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
10. CLASS ACTION WAIVER.
By accessing the Site and agreeing to the Terms of Use, you expressly waive your right to file a class action or seek relief on a class basis. You and Noovo may only bring claims against each other in your individual capacities. Neither you nor Noovo are entitled to join or consolidate claims by or against other consumers in court or in arbitration, or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity.
11. INDEMNIFICATION.
You agree to defend, indemnify, and hold harmless Noovo, its officers, directors, employees, agents, and representatives from and against any and all claims, actions, damages, or losses (including without limitation reasonable attorney fees and costs) arising from or relating to your use of the Site or any mobile application, your use of information on the Site or any mobile application, or your breach of the Terms of Use.
12. CHILDREN’S ONLINE PRIVACY ACT.
This Site is not designed or intended to collect information from children under the age of 13. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, if you are under the page of 18, you should only use this Site with the permission and involvement of your parent or guardian.
13. CONSIDERATIONS FOR NON-U.S. CUSTOMERS.
Noovo is located in the United States, and the Site is based in the United States. Please be aware that information you provide to us, or that we obtain as a result of your use of the Site, may be processed and transferred to the United States and be subject to United States law. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By using the Site, or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to and in the United States.
14. INITIAL DISPUTE RESOLUTION REQUIREMENT.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IF A DISPUTE ARISES BETWEEN YOU AND NOOVO REGARDING THE SITE, ANY MOBILE APPLICATION, AND/OR OR THE TERMS OF USE, YOU AGREE THE DISPUTE MUST BE SUBMITTED TO PRIVATE MEDIATION BEFORE YOU RESORT TO ARBITRATION, LITIGATION, OR ANY OTHER DISPUTE RESOLUTION PROCEDURE. MEDIATION PURSUANT TO THIS SECTION SHALL BE CONDUCTED IN LAS VEGAS, NEVADA BEFORE A MEDIATOR OF YOURS AND NOOVO’S MUTUAL CHOOSING. YOU FURTHER AGREE THE MEDIATOR MUST BE A NEVADA LICENSED ATTORNEY, RESIDING IN CLARK COUNTY, NEVADA, AND THAT YOU WILL SPLIT THE COST OF MEDIATION EVENLY WITH NOOVO, WITH EACH PARTY TO BEAR THEIR OWN ATTORNEY’S FEES AND COSTS.
15. WAIVER OF JURY TRIAL.
IF ANY DISPUTE WITH NOOVO REGARDING THE SITE, ANY MOBILE APPLICATION, OR THE TERMS OF USE PROCEEDS TO LITIGATION, YOU AGREE TO IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY).
16. FEES AND COSTS.
YOU AGREE THAT THE PREVAILING PARTY IN ANY LAWSUIT OR ARBITRATION BETWEEN YOU AND NOOVO IS ENTITLED TO RECOVER ITS REASONABLE ATTORNEY’S FEES AND COSTS.
17. GENERAL TERMS.
a. Governing Law and Jurisdiction. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to the principles of the conflicts of laws thereof. For any claim brought by or against you, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within Clark County, Nevada.
b. Headings. The captions in the Terms of Use are for convenience of reference only, shall not be deemed to be a part of the Terms of Use, and shall not be referred to in connection with the construction or interpretation of the Terms of Use.
c. Partial Invalidity. In the event that any part, section, paragraph, sentence or clause of the Terms of Use shall be held to be indefinite, invalid or otherwise unenforceable, the indefinite, invalid or unenforceable provision shall be modified only to the extent necessary to render it enforceable and the Terms of Use shall be valid and enforceable and you agree to be bound by and perform same as thus modified.
d. Waiver. No failure or delay by Noovo to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by Noovo preclude any other or further exercise thereor of the exercise of any other right or remedy. No express waiver or assent by Noovo hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an asset to any succeeding breach of or default in the same or any other term or condition thereof.