This website (“Site”) is available for your (“User”) use by NuVo Technologies, LLC (“NuVo“) and is subject to the terms and conditions of this Agreement (“Agreement”). The information in this Site is the property of and provided by BreatheAudio and its third party information providers. By accessing, browsing or using this Site you agree to follow and be bound by these terms and conditions and all applicable law.
We have adopted a Privacy Statement that you should refer to in order to fully understand how we collect and use your information.
When you visit this Site, or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Images of people, places and/or products posted on this site are either the property of NuVo, or are used herein with express permission to NuVo. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of NuVo or its suppliers, partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of NuVo and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on this site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. Any use of the materials or content on this site can only be made with the prior written and express authorization of NuVo. For further information on how you may obtain authorization to use any materials or content on this site, please contact NuVo at the “Contact Us” section of this site.
All Trademarks, trade dress and service marks and their respective designs and/or logos on this Site are trademarks or registered trademarks of NuVo or its affiliates. NuVo’s and its affiliate’s trademarks and/or trade dress may not be copied, imitated or used, in whole or in part, without the prior written permission of NuVo. In addition, all page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of NuVo, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of NuVo. All other trademarks, registered trademarks, product names and company names or logos used in this Site are the property of their respective owners. You may not use any trademarks, trade dress, service marks or intellectual property of NuVo or its affiliates, nor may you place any meta tags or any other “hidden text” utilizing NuVo’s or its affiliate’s names, trademarks, or product names without our express written consent.
NuVo’s trademarks include, but are not limited to, the following:
|• Accent Plus
• Generation D
• NuVo & Design
• Welcome to Generation D
• Display Pad
• EZ Port
• Home Never Sounded So Good
|• Breathe Audio
• EZ Read Display Pad
• The Sound of Living
License and Site Access
We grant you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of this Site or any of the contents of this Site; (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the contents of this Site not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any of the contents of this Site (including any Company trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Site and any of the contents of the Site; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of the Site or to collect any information from the Site or any other user of the Site.
If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. If you register on the Site, you agree that any information your provide to us will be current, accurate and complete. NuVo 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 NuVo or another party due to someone else using your account and/or password either with or without your knowledge. You agree to notify NuVo immediately of any unauthorized use of your account and/or password(s), or other breach of security.
Matter You May Submit to NuVo
From time to time NuVo may make available on this Site bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. In such instances, NuVo welcomes your comments regarding our merchandise and services, including our Site. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to NuVo must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material
Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to NuVo will become, upon your submission, the sole and exclusive property of NuVo and NuVo shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this site, you are agreeing and you do agree that NuVo has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to NuVo. By submitting any materials of any kind to NuVo, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to NuVo do not and will not violate or infringe the rights of any third-parties.
NuVo has no obligation to monitor the bulletin board services, chat rooms, postings sections, news groups, forums, communities and/or other message or communication facilities. However, NuVo reserves the right at all times and in its sole and absolute discretion, to disclose any information deemed by NuVo necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. NuVo does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorized Company spokespersons, and their views do not necessarily reflect those of NuVo.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except as otherwise may be stated in our Privacy Statement. Anything you transmit or post may be used by NuVo or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, NuVo is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
You agree to fully indemnify NuVo, its shareholders, officers, directors, employees, agents, distributors, vendors, and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of any of these terms and conditions, including, but not limited to, any allegations, damages or claims relating to any of your postings or communications in any forums or facilities on the Site, or for infringement or violation of any third-party rights.
Risk of Loss
All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
NuVo makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from this Site, or web sites linking to this Site.
This Site is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care. You agree to be responsible for their use of this website.
Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED NUVO DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED AND/OR EXPRESS WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THIS SITE.
NUVO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NUVO IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE. NUVO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE FOREGOING DISCLAIMERS APPLY EVEN IF NUVO OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO THIS SITE AND/OR ITS CONTENTS. BY USING THIS SITE YOU EXPRESSLY AGREE THAT ALL USE YOU MAY MAKE OF THIS SITE, INCLUDING ALL USE OF ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS MADE SOLELY AT YOUR OWN RISK.
IN NO EVENT SHALL NUVO, ITS PARENT, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NUVO, ITS PARENT, SUBSIDIARIES OR AFFILIATES (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE LESSER OF $5, OR THE TOTAL AMOUNT YOU PAID TO NUVO.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
Software, Downloading And Linking
Any software downloaded from this Site is a copyrighted work of NuVo and/or its licensors. The use of this software is governed by the terms of the end User license Agreement which accompanies, or is included, with the software. If you download, install or use any such software it is an indication that you accept the terms of the end User license Agreement.
NuVo does not warrant or guarantee that software or files that can be downloaded through its Site will be free of infection by software viruses or other harmful computer code, files or programs.
Users may link to the Site when following guidelines established by NuVo. Without express permission from NuVo, Users may NOT connect deep links (links which bypass the home page or other parts of the Site) nor may Users frame or mirror any page or portion of this Site onto any other web page.
To the extent applicable, software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) any other country to which the United States has embargoed goods; or (ii) anyone to the United States Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Deny Orders. If applicable, by downloading or using software on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.
Notwithstanding any provision of this Agreement, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, the terms of this Agreement will still apply.
By accessing, browsing or using this Site, you agree that the laws of the state of Ohio, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and NuVo or its affiliates. Regardless of where you access this Site, you agree that any action at law or in equity arising out of or relating to this Agreement shall be filed and adjudicated only in the federal or state courts located in Hamilton County, Ohio and/or the Southern District of Ohio, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding between you and NuVo or any of its affiliates.
Site Policies, Modification and Severability
We reserve the right to make changes to this Site, our Privacy Statement, and the terms of this Agreement at any time. If any of terms of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
This Agreement constitutes the entire agreement between the user and NuVo with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.