If you would like to ask questions or provide comments regarding this document you may do so by sending us an e-mail at [email protected]. Please be sure to include your full name and e-mail address.
2. Links to Other Web Sites
The site may contain links to third party web sites or internet resources that are not owned or controlled by NOVA Malta. NOVA Malta’s provision of a link to any other web site or internet resource is for your convenience only and does not signify NOVA Malta’s endorsement of such other web site or resource or its contents. NOVA Malta shall not be responsible for the availability of any third party web sites or resources, and NOVA Malta does not warrant, endorse guarantee or assume responsibility for any content, information, software, materials or practices of any such third party web sites or resources, including, without limitation, any products or services advertised or offered by a third party through the services or through any linked web sites or featured in any advertising.
You expressly agree that use of the site is at your sole risk. The site are provided on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, NOVA Malta expressly disclaims all warranties of any kind, whether express or implied (including, without limitation, implied warranties of merchantability, fitness for a particular use or purpose, accuracy and non-infringement), with respect to the site. Without limiting the foregoing and to the maximum extent permitted by law, NOVA Malta assumes no liability or responsibility for:
¹ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE;
²ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY;
³ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE.
4. Limitation of Liability
In no event will NOVA Malta be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if it was advised of, knew of, or should have known of the possibility of such damages).
NOVA Malta may terminate or suspend access to the site immediately, without prior notice or liability, if you breach any provision of these Terms & Conditions. In the event of any such termination, the indemnification provisions set forth above shall survive.
You and NOVA Malta agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and NOVA Malta hereby waive any right to a jury trial of any claim. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
You may not act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or NOVA Malta’s individual claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except and the right to certain remedies and forms of relief. Other rights that you or NOVA Malta would have in court also may not be available in arbitration.
7. Force of Majeure
Without limiting the foregoing, under no circumstances will NOVA Malta be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
We may, in our sole and absolute discretion, change these Terms & Conditions from time to time. We will post a copy of these Terms & Conditions as changed here. Your continued use of the site constitutes your agreement to abide by these Terms & Conditions as changed. If you object to any such changes, your sole recourse shall be to cease using the site.
Last Modified: February 21, 2018