Current as of 10 Jun 2024
Privacy Policy
Your privacy is important to us at Nova-crafter. We respect your privacy regarding any information we may collect from you across our website.
Privacy Policy Effective Date: [10 Jun 2024]
Novacrafter Website Terms andConditionsUpdated: March 3, 2025
Novacrafter.com ("Site”) is a copyrighted work belonging to NextTraffic Digital Services, LLC (“Company”, “us”, “our”, and“we”). Certain features of the Site may be subject to additionalguidelines, terms, or rules, which will be posted on the Site in connectionwith such features. All such additional terms, guidelines, and rules areincorporated by reference into these Terms.
These Terms of Use (these “Terms”) set forth the legally binding termsand conditions that govern your use of the Site and all services and productsoffered by and sold by Novacrafter.com. By accessing or using the Site, you areaccepting these Terms (on behalf of yourself or the entity that you represent),and you represent and warrant that you have the right, authority, and capacityto enter into these Terms (on behalf of yourself or the entity that yourepresent). you may not access or use the Site or accept the Terms if you arenot at least 18 years old. If you do not agree with all of the provisions ofthese Terms, do not access and/or use the Site.
These terms require the use of arbitration (Section 8.2) on an individual basisto resolve disputes, rather than jury trials or class actions, and also limitthe remedies available to you in the event of a dispute.
1. Accounts
1. Account Creation. In order to use certain features of the Site, you mustregister for an account (“Account”) and provide certain information aboutyourself as prompted by the account registration form. You represent andwarrant that: (a) all required registration information you submit is truthfuland accurate; (b) you will maintain the accuracy of such information. You maydelete your Account at any time, for any reason, by following the instructionson the Site. Company may suspend or terminate your Account in accordance withSection 7.
2. Account Responsibilities. You are responsible for maintaining theconfidentiality of your Account login information and are fully responsible forall activities that occur under your Account. You agree to immediately notifyCompany of any unauthorized use, or suspected unauthorized use of your Accountor any other breach of security. Company cannot and will not be liable for anyloss or damage arising from your failure to comply with the above requirements.
2. Access to the Site
1. License. Subject to these Terms, Company grants you a non-transferable,non-exclusive, revocable, limited license to use and access the Site solely foryour own personal, noncommercial use.
2. Certain Restrictions. The rights granted to you in these Terms are subjectto the following restrictions: (a) you shall not license, sell, rent, lease,transfer, assign, distribute, host, or otherwise commercially exploit the Site,whether in whole or in part, or any content displayed on the Site; (b) youshall not modify, make derivative works of, disassemble, reverse compile orreverse engineer any part of the Site; (c) you shall not access the Site inorder to build a similar or competitive website, product, or service; and (d)except as expressly stated herein, no part of the Site may be copied,reproduced, distributed, republished, downloaded, displayed, posted ortransmitted in any form or by any means. Unless otherwise indicated, any futurerelease, update, or other addition to functionality of the Site shall besubject to these Terms. All copyright and other proprietary notices on the Site(or on any content displayed on the Site) must be retained on all copiesthereof.
3. Modification. Company reserves the right, at any time, to modify, suspend,or discontinue the Site (in whole or in part) with or without notice to you.Youagree that Company will not be liable to you or to any third party for anymodification, suspension, or discontinuation of the Site or any part thereof.4.No Support or Maintenance. You acknowledge and agree that Company will have noobligation to provide you with any support or maintenance in connection withthe Site.5. Ownership. You acknowledge that all the intellectual propertyrights, including copyrights, patents, trade marks, and trade secrets, in theSite and its content are owned by Company or Company’s suppliers. Neither theseTerms (nor your access to the Site) transfers to you or any third party anyrights, title or interest in or to such intellectual property rights, exceptfor the limited access rights expressly set forth in Section 2.1. Company andits suppliers reserve all rights not granted in these Terms. There are noimplied licenses granted under these Terms.
3. Indemnification.
You agree to indemnify and hold Company (and its officers, employees, andagents) harmless, including costs and attorneys’ fees, from any claim or demandmade by any third party due to or arising out of (a) your use of the Site, (b)your violation of these Terms or (c) your violation of applicable laws orregulations. Company reserves the right, at your expense, to assume theexclusive defense and control of any matter for which you are required toindemnify us, and you agree to cooperate with our defense of these claims. Youagree not to settle any matter without the prior written consent of Company.Company will use reasonable efforts to notify you of any such claim, action orproceeding upon becoming aware of it.
4. Third-Party Links & Ads; Other Users
1. Third-Party Links & Ads. The Site may contain links to third-partywebsites and services, and/or display advertisements for third parties(collectively,“Third-Party Links & Ads”). Such Third-Party Links & Adsare not under the control of Company, and Company is not responsible for anyThird-PartyLinks & Ads. Company provides access to these Third-Party Links& Ads only as a convenience to you, and does not review, approve, monitor,endorse, warrant, or make any representations with respect to Third-Party Links& Ads. You use all Third-Party Links & Ads at your own risk, and shouldapply a suitable level of caution and discretion in doing so. When you click onany of the Third-Party Links & Ads, the applicable third party’s terms andpolicies apply, including the third party’s privacy and data gatheringpractices. You should make whatever investigation you feel necessary orappropriate before proceeding with any transaction in connection with suchThird-Party Links & Ads.
2. Other Users. Your interactions with other Site users are solely between youand such users. You agree that Company will not be responsible for any loss ordamage incurred as the result of any such interactions. If there is a disputebetween you and any Site user, we are under no obligation to become involved.
3. Release. You hereby release and forever discharge the Company (and ourofficers, employees, agents, successors, and assigns) from, and hereby waiveand relinquish, each and every past, present and future dispute, claim,controversy, demand, right, obligation, liability, action and cause of actionof every kind and nature (including personal injuries, death, and propertydamage), that has arisen or arises directly or indirectly out of, or thatrelates directly or indirectly to, the Site (including any interactions with,or act or omission of, other Site users or any Third-Party Links & Ads). Ifyou are a California resident, you hereby waive California civil code section1542 in connection with the foregoing, which states: “a general release doesnot extend to claims which the creditor does not know or suspect to exist inhis or her favor at the time of executing the release, which if known by him orher must have materially affected his or her settlement with the debtor.”
5. Disclaimers
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (ANDOUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANYKIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES ORCONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIETENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NOWARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON ANUNINTERRUPTED, TIMELY, SECURE,OR ERROR-FREE BASIS, OR WILL BE ACCURATE,RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IFAPPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCHWARRANTIES ARE LIMITED IN DURATION TO NINETY (90)DAYS FROM THE DATE OF FIRSTUSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOTHE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOWLIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAYNOT APPLY TO YOU.
1. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OURSUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FORANY LOST PROFITS, LOST DATA,COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL,EXEMPLARY,INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TOTHESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE,EVEN IF COMPANY HASBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THESITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FORANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTINGTHEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THECONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOUFOR ANY DAMAGES ARISING FROM ORRELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORMOF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS(U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM ORRELATING TO THIS AGREEMENT.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OREXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVELIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
1. Term and Termination. Subject to this Section, these Terms will remain infull force and effect while you use the Site. We may suspend or terminate yourrights to use the Site (including your Account) at any time for any reason atour sole discretion, including for any use of the Site in violation of theseTerms. Upon termination of your rights under these Terms, your Account andright to access and use the Site will terminate immediately. Company will nothave any liability whatsoever to you for any termination of your rights underthese Terms, including for termination of your Account. Even after your rightsunder these Terms are terminated, the following provisions of these Terms willremain in effect: Sections 2.2 through 2.5 and Sections 3 through 8.
Novacrafter community
Eligibility to Use the Next Traffic Digital Services, LLC community(referenced here as "Community")
You are not permitted to use Community (including sending messages to a Community Number), a) if you are under the age of 13, b) you are a child for whom parental consent is required to fully use Community under applicable laws, c) we have previously suspended or disabled your account for violations of our terms and policies, d) we do not direct our services toyour geographic territory, or e) you are otherwise prohibited under applicable laws from using our services. If you are using Community on behalf of an organization, then you are entering into these Terms on behalf of the organization, and you represent that you have the authority to bind the organization to these Terms.
3. Our Messaging Policies
You must not use Community to transmit any content or data that is unlawful,that infringes any intellectual property rights, or that otherwise violates. Novacrafter has the sole discrepancy remove a member for any reason.
If you think someone is sending messages in violation of our Acceptable Use Policy, please email us at account@Novacrafter.com.
Though we have no obligation to do so, we may access, review, block, or deleteyour messages at any time and for any reason, including (i) to provide anddevelop Community, (ii) if we think your messages violate these Terms, (iii)you have not fully completed registration with Community (iv) to comply withapplicable law or any request or requirement of a court, law enforcement orother administrative agency or governmental body. For any messages sent orreceived, we do not guarantee: (a) the suitability or legality of suchmessages; (b) the truth or accuracy of such messages; (c) the performance orconduct of people on Community
4. Terms for Community Members
By sending messages, registering to become a Community Member, or otherwiseusing Community, you agree that: we may send you account-related messages atthe phone number or account you have provided to us; we may share theregistration information you submitted with other Community members that youagree to message with instead of asking for you that same information again;you are responsible for any messaging and data charges that you may incur whenmessaging with Community Leaders or with us; your consent to receive messagesis not a condition of any purchase;Community Leaders may block you frommessaging with them via Community at any time, for any reason, without notice;Community Leaders may not see your messages to their Community Number(s) untilyou fully complete the registration process and connect with them;Community mayfilter messages from reaching a Community Leader for various reasons, includingbased on a Community Leader’s settings and where such messages violate ourAcceptable Use Policy; some messages may not be delivered (e.g., if there is anoutage on the Community or if a carrier blocks content);messages sent viaCommunity may contain links to third-party websites or apps, which may besubject to different terms and conditions and privacy practices, and we are notresponsible or liable for their content, products, or services (“Third PartyMaterials”);you will use only your own phone number or account when messaging aCommunity Leader (and if we discover that you did not use your own phone numberor account, we may suspend or terminate your account access at any time); andif you change or deactivate the phone number or account that you used whensigning up to receive messages from a Community Leader, you will email us ataccount@Novacrafter.com to update or remove your information.
Novacrafter Subscription Products
These include but are not limited to: the Next Traffic Digital Services,LLC Community, Novacrafter Pro, Novacrafter Lead Gen, and Novacrafter"Scale." We make every attempt to satisfy our customers. However, ifyou are not satisfied and wish to cancel at any time, you can email account@Novacrafter.com no less than 5 business days prior to your subscription renewing, and we will cancel your subscription for future payments.
Novacrafter does not have a refund policy for purchased products or services. Novacrafter does respect its customers and acts ethically and with integrity. If you feel you have a specific circumstance that requires a refund, you can email account@Novacrafter.com and we'll evaluate the situation with the highest integrity possible.
One of our values is to "do the right thing" and it's important to us as a team to uphold this value.
Novacrafter "Done For You" Lead Generation
1. Commitment Period
Initial Commitment: A minimum commitment of four (4) months is required to initiate our business development activities. We also have annual plans.
Post-Commitment: After the initial four-month period or the annual plan, the agreement will continue on the same basis (every four months or annually) for what you originally signed up for. If you'd like to stop your subscription, you will need to let us know 14 days in advance via written notice (email is fine).
2. Service Objective
Goal: Our primary objective is to diligently work with our clients to achieve notable results within the initial three-month timeframe.
Realistic Expectations: While we strive for excellence in our marketing efforts, it is important to note that we are not a lead generation company that promises unrealistic results.
3. Refund and Guarantee Policy
No Refunds: We do not offer refunds for any services provided.
No Client Guarantee: We do not guarantee the acquisition of clients. Our roleis to promote your company to the best of our ability, in partnership with you.
4. Campaign Strategy
Quality Inputs: Our focus is on delivering high-quality inputs into themarketing equation, which often leads to excellent outputs. However, we cannotguarantee specific results.
Ideal Customer Adjustment: If there is a change in the ideal customer profile, it will be treated as a restart of the campaign.
5. Client Collaboration
One-on-One Work: We will work closely with each client on a one-on-one basis to maximize the potential for successful campaign outcomes.
Client Involvement: Your active participation and feedback are crucial for tailoring the campaign to your specific needs and objectives.
6. General Terms
Compliance: Both parties agree to comply with all applicable laws andregulations.
Confidentiality: Both parties agree to keep all proprietary information andtrade secrets confidential.
7. Termination
Termination by Client: Clients may terminate the agreement after the initialfour-month commitment with a 14-day written notice (email is fine).
Termination by Novacrafter: Novacrafter reserves the right to terminate theagreement if the client fails to comply with the terms outlined herein.
Use of Third-Party Tools
Our services may include using third-party automation outreach tools to send LinkedIn connection requests on your behalf. You acknowledge and agree that the operation, availability, and permissible use of these tools are determined by the respective platforms’ terms of service, which are outside of our control.
No Guarantee of Specific Volume
We strive to send a certain number of connection requests per week (or anystated volume); however, this volume is not guaranteed. If LinkedIn or anythird-party tool imposes limits, restrictions, or bans that prevent us fromreaching the stated targets, you agree that this does not constitutegrounds for a refund or cancellation of our services.
LinkedIn Enforcement and Account Restrictions
You understand and accept that LinkedIn may enforce its Terms of Service morestrictly at any time, potentially limiting connection requests, blocking automationtools, or restricting accounts. You agree that any resulting inability to meettarget connection requests, or any impact to your LinkedIn account (includingsuspension or closure), is not our responsibility or liability.
Refund Policy
We do not offer refunds for services rendered under this Agreement due tochanges or enforcement actions by LinkedIn or any third-party tool. By usingour services, you acknowledge that the advertised number of weekly connectionsis an estimate subject to external platform policies, and the inability toachieve these targets does not qualify for a refund.
Acknowledgment and Acceptance
By purchasing or using our services, you confirm that you have read,understood, and agree to be bound by these Terms of Service. If you do notagree to these terms, you must not use our services.
Novacrafter Accelerator Guarantee
Novacrafter has a satisfaction-based guarantee for the Accelerator program,which means if you’re not satisfied with the program, we’ll refund the fullcost as long as you’ve completed the entire program and all elements included.This guarantee is valid up to 2 weeks after the program ends, and a review ofyour situation must be submitted by email to account@Novacrafter.com by 11:59pmon the 14th day after the program ends for your cohort. Inquires via othermethods or after the two week window will be denied.
Results from the program may vary, and are often dependent on the customer'swillingness and ability to follow the program, learn the tactics shared, andimplement the tactics with potential clients. We cannot guarantee any revenueor business relationship: the program equips customers with the tactics tobe successful, but cannot guarantee outcomes.
Everything we do is aimed to help you be successful with your business, and we want nothing more than you to succeed. If you are experiencing any challenges along the way, please reach out to your facilitators or account@Novacrafter.com so we can address your concerns.
Any refund requests will be subject to compliance with the points outlined above.
Expectations of Each Accelerator Participant
● Attend all live sessions.
○ If you anticipate missing a session, please let us know as soon as possible.
○ If a session is missed, catch up should be done by watching the recording ofthe session and
contacting the facilitator with thoughts and questions.
● Timely arrival to sessions is expected.
● Be engaged at each session, ask meaningful questions, and offer thoughtfulfeedback.
● Attendance for the one-on-one coaching sessions is required.
○ To reschedule, contact your coach directly with at least a 48-hour notice.
○ Any late arrivals will result in a forfeiture of time.
○ Any no-shows will result in the session being forfeited.
● Complete all homework assignments and agreed upon action items in a timelymanner.
● Be willing to accept constructive feedback and adhere to accountability set by coaches.
● Act with courtesy and respect at all times.
1. Changes. These Terms are subject to occasional revision, and if wemake any substantial changes, we may notify you by sending you an e-mail to thelast e-mail address you provided to us (if any), and/or by prominently postingnotice of the changes on our Site. You are responsible for providing us withyour most current e-mail address. In the event that the last e-mail addressthat you have provided us is not valid, or for any reason is not capable ofdelivering to you the notice described above, our dispatch of the e-mailcontaining such notice will nonetheless constitute effective notice of thechanges described in the notice. Any changes to these Terms will be effectiveupon the earlier of thirty (30) calendar days following our dispatch of ane-mail notice to you (if applicable) or thirty (30) calendar days following ourposting of notice of the changes on our Site. These changes will be effectiveimmediately for all users of our Site. Continued use of our Site followingnotice of such changes shall indicate your acknowledgement of such changes andagreement to be bound by the terms and conditions of such changes.
2. Dispute Resolution. Please read this Arbitration Agreement carefully. It ispart of your contract with Company and affects your rights. It containsprocedures for mandatory binding arbitration and a class action waiver.
a. Applicability of Arbitration Agreement. All claims and disputes (excludingclaims for injunctive or other equitable relief as set forth below) inconnection with the Terms or the use of any product or service provided by theCompany that cannot be resolved informally or in small claims court shall beresolved by binding arbitration on an individual basis under the terms of thisArbitration Agreement. Unless otherwise agreed to, all arbitration proceedingsshall be held in English. This Arbitration Agreement applies to you and theCompany, and to any subsidiaries, affiliates, agents, employees, predecessorsin interest, successors, and assigns, as well as all authorized or unauthorizedusers or beneficiaries of services or goods provided under the Terms.
b. Notice Requirement and Informal Dispute Resolution. Before either party mayseek arbitration, the party must first send to the other party a written Noticeof Dispute (“Notice”) describing the nature and basis of the claim or dispute,and the requested relief. A Notice to the Company should be sent to: 2286Filbert St, San Francisco, California 94123. After the Notice is received, youand the Company may attempt to resolve the claim or dispute informally. If youand the Company do not resolve the claim or dispute within thirty (30) daysafter the Notice is received, either party may begin an arbitration proceeding.The amount of any settlement offer made by any party may not be disclosed tothe arbitrator until after the arbitrator has determined the amount of theaward, if any, to which either party is entitled.
c. Arbitration Rules. Arbitration shall be initiated through the AmericanArbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section.If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern allaspects of the arbitration, including but not limited to the method ofinitiating and/or demanding arbitration, except to the extent such rules are inconflict with the Terms. The AAA Consumer Arbitration Rules (“ArbitrationRules”) governing the arbitration are available online at www.adr.org or bycalling the AAA at 1-800-778-7879. The arbitration shall be conducted by asingle, neutral arbitrator. Any claims or disputes where the total amount ofthe award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may beresolved through binding non-appearance-based arbitration, at the option of theparty seeking relief. For claims or disputes where the total amount of theaward sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right toa hearing will be determined by the Arbitration Rules. Any hearing will be heldin a location within 100 miles of your residence, unless you reside outside ofthe United States, and unless the parties agree otherwise. If you resideoutside of the U.S., the
arbitrator shall give the parties reasonable notice of the date, time and placeof any oral hearings. Any judgment on the award rendered by the arbitrator maybe entered in any court of competent jurisdiction. If the arbitrator grants youan award that is greater than the last settlement offer that the Company madeto you prior to the initiation of arbitration, the Company will pay you thegreater of the award or $2,500.00. Each party shall bear its own costs(including attorney’s fees) and disbursements arising out of the arbitrationand shall pay an equal share of the fees
and costs of the ADR Provider.
d. Additional Rules for Non-Appearance Based Arbitration. If non-appearancebased arbitration is elected, the arbitration shall be conducted by telephone,online and/or based solely on written submissions; the specific manner shall bechosen by the party initiating the arbitration. The arbitration shall notinvolve any personal appearance by the parties or witnesses unless otherwiseagreed by the parties.
e. Time Limits. If you or the Company pursue arbitration, the arbitrationaction must be initiated and/or demanded within the statute of limitations(i.e., the legal deadline for filing a claim) and within any deadline imposedunder the AAA Rules for the pertinent claim.
f. Authority of Arbitrator. If arbitration is initiated, the arbitrator willdecide the rights and liabilities, if any, of you and the Company, and thedispute will not be consolidated with any other matters or joined with anyother cases or parties. The arbitrator shall have the authority to grantmotions dispositive of all or part of any claim. The arbitrator shall have theauthority to award monetary damages, and to grant any non-monetary remedy orrelief available to an individual under applicable law, the AAA Rules, and theTerms. The arbitrator shall issue a written award and statement of decisiondescribing the essential findings and conclusions on which the award is based,including the calculation of any damages awarded. The arbitrator has the sameauthority to award relief on an individual basis that a judge in a court of lawwould have. The award of the arbitrator is final and binding upon you and theCompany.
g. Waiver of jury trial. the parties hereby waive their constitutional andstatutory rights to go to court and have a trial in front of a judge or a jury,instead electing that all claims and disputes shall be resolved by arbitrationunder this arbitration agreement. arbitration procedures are typically morelimited, more efficient and less costly than rules applicable in a court andare subject to very limited review by a court. in the event any litigationshould arise between you and the company in any state or federal court in asuit to vacate or enforce an arbitration award or otherwise, you and thecompany waive all rights to a jury trial, instead electing that the dispute beresolved by a judge.
h. Waiver of class or consolidated actions. all claims and disputes within thescope of this arbitration agreement must be arbitrated or litigated on anindividual basis and not on a class basis, and claims of more than one customeror user cannot be arbitrated or litigated jointly or consolidated with those ofany other customer or user.
i. Confidentiality. All aspects of the arbitration proceeding, including butnot limited to the award of the arbitrator and compliance therewith, shall bestrictly confidential. The parties agree to maintain confidentiality unlessotherwise required by law. This paragraph shall not prevent a party fromsubmitting to a court of law any information necessary to enforce thisAgreement, to enforce an arbitration award, or to seek injunctive or equitablerelief.
j. Severability. If any part or parts of this Arbitration Agreement are foundunder the law to be invalid or unenforceable by a court of competentjurisdiction, then such specific part or parts shall be of no force and effectand shall be severed and the remainder of the Agreement shall continue in fullforce and effect.
k. Right to Waive. Any or all of the rights and limitations set forth in thisArbitration Agreement may be waived by the party against whom the claim isasserted. Such waiver shall not waive or affect any other portion of thisArbitration Agreement.
l. Survival of Agreement. This Arbitration Agreement will survive thetermination of your relationship with Company.
m. Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
n. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under thisArbitration Agreement.
o. Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims ofdefamation, violation of the Computer Fraud and Abuse Act, and infringement ormisappropriation of the other party’s patent, copyright, trademark or tradesecrets shall not be subject to this Arbitration Agreement.
p. Courts. In any circumstances where the foregoing Arbitration Agreementpermits the parties to litigate in court, the parties hereby agree to submit tothe personal jurisdiction of the courts located within Massachusetts, for suchpurpose
3. Export. The Site may be subject to U.S. export control laws and may besubject to export or import regulations in other countries. You agree not toexport, reexport, or transfer, directly or indirectly, any U.S. technical dataacquired from Company, or any products utilizing such data, in violation of theUnited States export laws or regulations.
4. Disclosures. Company is located at the address in Section 8.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of ConsumerAffairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, orby telephone at (800) 952-5210.
5. Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications fromCompany in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
6. Entire Terms. These Terms constitute the entire agreement between you and usregarding the use of the Site. Our failure to exercise or enforce any right orprovision of these Terms shall not operate as a waiver of such right orprovision. The section titles in these Terms are for convenience only and haveno legal or contractual effect. The word “including” means “including withoutlimitation”. If any provision of these Terms is, for any reason, held to beinvalid or unenforceable, the other provisions of these Terms will be unimpairedand the invalid or unenforceable provision will be deemed modified so that itis valid and enforceable to the maximum extent permitted by law. Yourrelationship to Company is that of an independent contractor, and neither partyis an agent or partner of the other. These Terms, and your rights andobligations herein, may not be assigned, subcontracted, delegated, or otherwisetransferred by you without Company’s prior written consent, and any attemptedassignment, subcontract, delegation, or transfer in violation of the fore goingwill be null and void. Company may freely assign these Terms. The terms andconditions set forth in these Terms shall be binding upon assignees.
7. Copyright/Trademark Information. Copyright © 2024 Next Traffic DigitalServices, LLC. All rights reserved. All trademarks, logos and service marks(“Marks”) displayed on the Site are our property or the property of other thirdparties. You are not permitted to use these Marks without our prior writtenconsent or the consent of such third party which may own the Marks.
1. Information We Collect
We may collect information about you in a variety of ways, including:
1.1 Personal Data
- Fill out a contact form
- Subscribe to our newsletter
- Purchase our services
1.2 Non-Personal Data
Information automatically collected when you visit the Site, such as your IP address, browser type, operating system, access times, and the pages you viewed directly before and after accessing the Site. This information helps us improve our website and services.
1.3 Cookies and Tracking Technologies
We may use cookies, web beacons, and other tracking technologies to collect data about your interactions with our Site, such as pages visited, time spent on the Site, and links clicked. You can adjust your browser settings to refuse cookies, but some features of the Site may not function properly without them.
How We Use CookiesWe use cookies for the following purposes:Essential Cookies: Necessary for website functionality (e.g., security, login authentication).Analytics Cookies: Help us understand website traffic and improve performance (e.g., Google Analytics).Advertising Cookies: Used for targeted advertising and remarketing (e.g., Google Ads, Facebook Pixel).
2. How We Use Your Information
We use the information we collect for purposes such as:
- Providing, managing, and improving our services
- Responding to inquiries and customer service requests
- Sending marketing communications, newsletters, and updates
- Analyzing usage trends to enhance user experience
- Processing transactions and managing your account
- Complying with legal obligations
3. Sharing Your Information
We do not sell, rent, or trade your personal information. However, we may share your information in the following circumstances:
3.1 Service Providers
We may share your information with trusted third-party service providers who perform functions on our behalf, such as payment processing, email delivery, hosting, and analytics.
3.2 Legal Obligations
We may disclose your information if required to do so by law or in response to valid requests by public authorities (e.g., court orders or subpoenas).
3.3 Business Transfers
In the event of a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred to the new entity.
4. Your Choices
4.1 Opt-Out of Communications
You can unsubscribe from our marketing emails by following the opt-out instructions included in these emails. Please note that you may still receive non-marketing communications, such as service-related messages.
4.2 Cookies and Tracking Technologies
You can manage your cookie preferences through your browser settings. However, disabling cookies may limit your ability to use certain features of the Site.
5. Data Security
We implement appropriate technical and organizational measures to protect your personal information. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.
6. Third-Party Links
Our Site may contain links to third-party websites. We are not responsible for the privacy practices of these websites. We encourage you to read the privacy policies of any third-party sites you visit.
7. Children’s Privacy
Our Site is not intended for children under the age of 13, and we do not knowingly collect personal information from children. If we become aware that we have inadvertently collected information from a child under 13, we will delete it.
8. International Users
If you are accessing the Site from outside the United States, please be aware that your information may be transferred to and processed in the United States, where data protection laws may differ from those of your country of residence.
9. Changes to This Privacy Policy
We may update this Privacy Policy from time to time. Any changes will be posted on this page with the updated “Effective Date.” We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting your information.
10. Contact Us
If you have any questions about these Terms, please contact us at:
NovaCrafter LLC
- Online: [www.novacrafter.com/contact]
- Phone: [617.299.2232]
- Address: [275 Grove St. Auburndale, MA 02466]