Terms of service

Terms of Service

LEGAL DISCLAIMER: The materials below are intended for informational purposes only and do not constitute advertising, solicitation, or legal advice. This template may have been translated using automated technology. Translations are provided for your convenience only. Shopify assumes no liability for any errors or omissions in translations. Read these materials carefully and adjust them as necessary. The information contained in these materials may not reflect the most current legal developments; accordingly, Shopify does not guarantee that such information is correct or complete. You should not rely on this information for any purpose without seeking legal advice from a licensed attorney in your state or province.

OVERVIEW

Welcome to NovaSpine! The terms “we,” “us,” and “our” refer to NovaSpine. NovaSpine operates this store and website, including all related information, content, features, tools, products, and services to offer you, the customer, a customized shopping experience (the “Services”). NovaSpine is powered by Shopify, which allows us to provide the Services to you.

The following terms and conditions, along with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and address areas such as disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you should not access or use our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including opening or browsing our web stores or purchasing any of the products or services we offer, you may be required to provide certain information, such as your email address, billing address, shipping address, and payment details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide this information.

You are solely responsible for the security of your account credentials and for all activity occurring under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our web stores. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use and your device's settings and configuration.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be identical to those depicted or delivered in our web stores.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. NovaSpine reserves the right to accept or reject your order for any reason, at our sole discretion. Your order is not accepted until NovaSpine confirms acceptance. We must receive and process your payment before your order is accepted. Please check your order carefully before submitting it, as NovaSpine may not be able to process cancellation requests once an order is accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time of ordering.

Your purchases may only be returned or exchanged in accordance with our Return and Refund Policy [LINK].

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICING AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service is the price in effect at the time the order is placed and is stated in your order confirmation email. Unless explicitly stated otherwise, listed prices exclude taxes, shipping and handling fees, and customs or import duties.

Prices in our web stores may differ from prices in physical stores or other stores managed by third parties. We may offer promotions on the Services from time to time which may affect pricing and are subject to separate terms and conditions. If there is a conflict between promotion terms and these Terms, the promotion terms shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is truthful, accurate, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the listed prices, including shipping and handling fees and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Title and risk of loss pass to you upon our transfer of the products to the carrier.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product controls, video and audio, and the design, selection, and arrangement thereof, are the property of NovaSpine, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms grant you permission to use the Services solely for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants you any license or other rights, or shall be construed as granting any license or other rights to you under any patent, trademark, copyright, or other intellectual property of NovaSpine, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved to NovaSpine.

NovaSpine names, logos, product and service names, designs, and slogans are trademarks of NovaSpine or its subsidiaries or licensors. You may not use such trademarks without prior written consent from NovaSpine. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may access customer tools offered by third parties as part of the Services, over which we have no control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also offer new features via the Services in the future (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or managed by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access these third-party materials or sites, you do so at your own risk.

We are not liable for any harm or damages related to your access to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please review the third party’s policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your shop and must not be removed or modified].

NovaSpine is powered by Shopify, which allows us to provide the Services to you. However, all sales and purchases made in our Store are conducted directly with NovaSpine. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of a sale between you and NovaSpine, including injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or related to your purchases and transactions with NovaSpine.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which you can view here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which you can view here. By using the Services, you acknowledge that you have read this Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify and third parties, which may be located in countries other than where you reside, to provide services to you. Check our Privacy Policy [LINK] for more information on how we, Shopify, and our partners use your personal data.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, subscriptions, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your Feedback; and (iii) your Feedback complies with these Terms. We are not obligated (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party’s intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality rights, or other personal or proprietary rights. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping costs, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES

You may visit and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to transmit, consciously receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm NovaSpine, Shopify, or users of the Services, or expose them to liability.

Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; (e) use robots, spiders, scrapers, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI), or any automated or manual means to access the Services; or (f) interfere with, circumvent, or bypass the security or authorization features, robot exclusion headers, or other measures we use to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS

14.1 This section (“Agent Terms”) applies if you use, authorize, enable, or permit an Agent to access, use, or interact with Services. “Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of or at the direction of persons or entities and that can be executed on behalf of or with the assistance of a person's device without direct supervision.

14.2 An Agent may not access, use, or interact with Services unless it identifies itself at all times and acts in strict accordance with the requirements in Section 14.4 below. Additionally, an Agent may not access, use, or interact with Services if we have requested the Agent to refrain from doing so.

14.3 We may restrict, including through technical measures, if and how an Agent accesses, uses, and interacts with Services.

14.4 Agents must: (i) indicate in all HTTP/HTTPS requests that the request originates from an Agent and disclose the name of the Agent by including “Agent/[agent name]” in the user-agent string of the request; (ii) not disguise or hide that access, use, or interactions originate from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) filling out or bypassing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) answer truthfully any questions or prompts intended to determine if interactions are from a human or a computer; (iv) not bypass or otherwise avoid any measures intended to block, restrict, modify, or control if and how Agents access, use, or communicate with the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services at any time at our sole discretion and without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

UNLESS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER OF LIABILITY MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless NovaSpine, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to third parties as a result of or arising out of (1) your breach of these Terms of Service or the documents incorporated by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any claim eligible for indemnification, provided that a failure to notify you promptly will not relieve you of your obligations unless you are materially prejudiced. We may conduct the defense and settlement of any such claim at your expense, including the choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate with the defense of any claims, including providing relevant documents.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any such attempt shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction where NovaSpine is based. You and NovaSpine consent to venue and personal jurisdiction in such courts.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at novaspine.info@gmail.com.