Terms of Use

Effective Date: 2024-07-29

Welcome to novikal.top, operated by Gargadenek. These Terms of Use (“Terms”) govern your access to and use of our website, including any content, functionality, and services offered on or through novikal.top (the “Website”).

Please read the Terms carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

1. Acceptance of Terms

By accessing or using the Website, you affirm that you are of legal age to form a binding contract with Gargadenek, and you accept and agree to be bound by these Terms. If you are accessing or using the Website on behalf of a company or another legal entity, you represent that you have the authority to bind such entity to these Terms.

2. User Responsibilities

2.1 Account Security

If you create an account on novikal.top, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

2.2 Accurate Information

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

2.3 Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Gargadenek, a Gargadenek employee, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Gargadenek or users of the Website, or expose them to liability.
  • To introduce viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

3. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Gargadenek, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as generally and ordinarily permitted through the Website’s functionality.

The Gargadenek name, the novikal.top logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Gargadenek or its affiliates or licensors. You must not use such marks without the prior written permission of Gargadenek.

4. Product Information and Pricing

We strive to ensure that the product information, pricing, and availability displayed on the Website are accurate. However, we do not warrant that product descriptions or other content of this Website are accurate, complete, reliable, current, or error-free. Prices and availability of products are subject to change without notice.

We reserve the right to refuse or cancel any order placed for a product listed at an incorrect price due to typographical error or error in pricing information received from our suppliers.

5. Orders and Payment

All orders placed through the Website are subject to our acceptance. We may, in our sole discretion, refuse to accept or cancel any order for any reason, including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.

Payment for all products must be by credit card or other payment methods as may be indicated on the Website. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction.

6. Shipping and Delivery

Details regarding shipping methods, costs, and estimated delivery times will be provided during the checkout process. We are not responsible for delays caused by shipping carriers or events beyond our control.

7. Returns and Refunds

Please refer to our separate Return Policy, available on the Website, for information regarding returns, refunds, and exchanges.

8. Disclaimer of Warranties; Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

GARGA DENEK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT WILL GARGA DENEK, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. Indemnification

You agree to defend, indemnify, and hold harmless Gargadenek, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

10. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Oregon, United States, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Oregon, in each case located in the County of Multnomah, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.

11. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

12. Severability

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

13. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Gargadenek regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

14. Contact Information

This Website is operated by Gargadenek.

Our address is: 1756 Coolidge Street, IONE, OR, US

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected] or by phone at 406-968-1913.