Terms & conditions

Terms & conditions

HouseNovel Shop terms & conditions

Updated: July 21st, 2024 

Welcome to https://housenovelshop.com (the “Website”), owned and operated by HouseNovel, Inc. (“HouseNovel Shop”, “HouseNovel Shop Platform”,  “we,” “us,” or “our”). The recipient of this information is assumed to be the consumer of any HouseNovel Shop products or services, as an individual, entity, or otherwise, and is hereinafter referred to as “you” or “your”. Except as otherwise noted herein, these Terms of Service and any Supplemental Terms (as defined below) (the “Terms”) govern your use of the Website and HouseNovel Shop’s services, applications, and content (collectively, the “Site”) and your purchase, receipt, or use of our products made available through the Site (collectively, the “Products”). 

PLEASE READ THESE TERMS CAREFULLY BECAUSE YOUR USE OF THE SITE OR PURCHASE OF THE PRODUCTS CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE, OR PURCHASE, RECEIVE OR USE OUR PRODUCTS.

THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Certain users of the Site may be subject to additional terms, policies, and guidelines (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental service.  If these Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such service.

HouseNovel Shop reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will provide notice of such changes by providing notice through the Site or in certain cases via email. By continuing to access or use the Site in any way after such notice has been provided, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site or order, receive or use the Products. If you do not agree to the revised Terms, you are free to reject them, but in that case you may not access or use the Site or order, receive or use the Products.

Account Creation; Eligibility.

You may use the Site only if you can form a binding contract with HouseNovel Shop, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You may use the Site as a guest and check out by providing an email address or you may sign up for an account, select a password and username, and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your user ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person.

You may not transfer your account to anyone else without our prior written permission. You agree that you will never share your user ID and password with anyone else for any reason. You agree that only you will use your account. You agree to contact HouseNovel Shop immediately in the event you become aware of unauthorized access to your account. You agree that you are solely responsible for all activity that takes place in connection with your account and you agree to indemnify and hold harmless HouseNovel Shop from any damages that arise out of or in relation to use of your account. You agree that you will not create more than one account. By registering and obtaining an account you affirm that you will follow the Terms and your registration constitutes your consent to enter into agreements with us electronically. Paying for the connectivity and data plans of your computer devices is your responsibility.

HouseNovel Shop has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Site. We will handle your personal information used to create your user ID consistent with our Privacy Policy, which is incorporated into these Terms by reference.

Safety Acknowledgment; No Medical Advice.

Among the Products offered for sale on the Site and through our authorized resellers and third party retailers, we make available certain health and wellness products and sexual health products. The lawful and proper use of any such products is a required condition of sale. By purchasing any such products, you agree to follow the instructions contained in in any accompanying literature. The improper use of such products may void any applicable warranty. Any illegal use or resale of such products could subject you to fines, penalties and/or imprisonment under state and federal law. Keep such products and all similar products out of the reach of children.

Study this information, the product instructions, and all accompanying literature and warnings before using such products. By using this Site, you acknowledge the information contained in this disclaimer, the information provided on this Site, and all of the documentation and literature included with any Product sold on this Site or through our authorized resellers and third party retailers, was developed for informational purposes only. The Products and Product descriptions appearing on the Site are provided solely by the third party retailers without any input from HouseNovel Shop. HouseNovel Shop makes no representation with respect to, nor do we guarantee or endorse, the accuracy, completeness, timeliness, reliability, suitability, or correct sequencing of any content posted by third party retailers. Likewise, HouseNovel Shop does not endorse, oppose or edit any opinion, claim, or analysis expressed by any third party retailer. In no way is any of the information contained in this disclaimer or other documentation intended to be a medical or prescriptive guide or a substitute for informed medical advice or care.

Third party retailer statements do not constitute medical advice. The materials on the Site may not apply to your specific situation or your specific location, or may be incomplete or outdated. You should not act or rely on any information on the Site. The Site and materials posted or linked are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You are not authorized to treat the Site as a source of medical advice. Before acting or delaying action, you should first seek the advice of a physician who is qualified and licensed, as applicable, in the applicable subject matter and jurisdiction. HouseNovel Shop does not recommend or endorse any products or other information that may be mentioned on or included in the Site.  Any information and statements regarding dietary supplements and health and wellness products have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Neither the manufacturer nor the seller, or their respective affiliates, directors, officers or shareholders, of any Products offered for sale on the Site or through our authorized resellers and third party retailers is responsible for the misuse of such Products. You and any other user of such Products are solely responsible for the use of such Products and the consequences of such use.  

Terms of Sale.

The terms of this section govern your purchases from HouseNovel Shop. Additional information regarding your purchases may be found on the Site from time to time.

Orders, Pricing and Payments - HouseNovel Shop strives to communicate accurate pricing and product information but will not be held responsible for any pricing, typographical, or other errors. The displayed colors of the Products depend upon the monitor of the user, and HouseNovel Shop cannot guarantee that the user’s monitor will accurately portray the actual colors of the Products. Products displayed may be out of stock or discontinued, and prices are subject to change. Your order is subject to cancellation by HouseNovel Shop, in HouseNovel Shop’s sole discretion. Unless otherwise agreed to by HouseNovel Shop, payment must be received by HouseNovel Shop prior to HouseNovel Shop’s acceptance of an order. HouseNovel Shop's vendors may process payment for and ship parts of an order separately. Purchases may not be resold or exported. Your purchase is for your own use, not for resale or export. Your purchase may not be sold, leased, or transferred to restricted countries, restricted end users, or for restricted end uses according to U.S. export and sanctions laws. HouseNovel Shop does not permit sales or delivery of Products outside of the United States.

Shipping. - We work with third party vendors, or Third Party Platforms (as defined below) to provide the Products to you using a “drop-ship” shipping model. HouseNovel Shop and Third Party Platforms reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. All shipping details will be provided to you by HouseNovel Shop. Actual delivery dates may vary. Product title passes to you when the product is shipped, unless stated otherwise. You have 30 days from the time of delivery to notify HouseNovel Shop of any missing, wrong, or damaged portion of your purchase or HouseNovel Shop cannot be held responsible for these issues. You should receive an email notification once your order has shipped. All communication regarding an order will be sent by HouseNovel Shop. Do not reach out directly to our brand partners. All communication to brand partners will be conducted through us.

Taxes. - Any sales, use, value added, or other tax based on the Subscription or Products ordered through the Website that we are required to pass through to customers is automatically calculated and added to all orders where applicable (except for users in the European Economic Area, (“EEA”) where VAT is included in the amount charged to you by HouseNovel Shop). To the extent applicable, all payments for the Products will be made free and clear of, and without reduction for, any withholding taxes. If Products are subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates. Sales tax is the sole responsibility of you, the user.

Payment Processors. - We currently use Shopify for payment services (e.g., card acceptance, merchant settlement, and related services) but reserve the right to change services from time to time (“Payment Processor”). By paying for a Product or a Subscription, you agree to be bound by the applicable Payment Processor’s terms and conditions, privacy policy, and any other terms and policies and authorize us and the Payment Processor to share any information and payment instructions you provide with your Payment Method and any other Third-Party Service provider(s) solely as required to complete your transactions.

Returns. - Please refer to our Refunds & Returns policy in the footer at the bottom of this page for the most up to date information regarding returns and refunds. If you would like to request a refund for a Product, please initiate the refund request through your account as available, or please email hello@housenovelshop.com and HouseNovel Shop will assist you from there. 

Security Rules.

Violations of system or network security may result in civil or criminal liability. HouseNovel Shop investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

(i) accessing data not intended for you or logging on to a HouseNovel Shop server or account that you are not authorized to access;

(ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);

(iii) attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site; and (iv) forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site.

Prohibited Uses; Access.

5.The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing Products, providing information to the Site and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Site. HouseNovel Shop specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following: 

(i) posting any information that is incomplete, false, inaccurate or not your own;

(ii) engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol; 

(iii) communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the irrevocable permission of the owner to post it;

(iv) communicating, transmitting or posting material that (a) reveals trade secrets, unless you own them or have the irrevocable permission of the owner, (b) infringes on any other intellectual property, privacy or publicity right of another, or (c) is in violation of applicable laws or regulations;

(v) communicating, transmitting or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of any applicable export control laws; or

(vi) attempting to interfere in any way with the Site’s or HouseNovel Shop’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.

No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, “Materials and Content”), is HouseNovel Shop’s property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of HouseNovel Shop. Notwithstanding the foregoing, we encourage you to re-post and share Materials and Content that we post on our official social media channels from time-to-time, unless explicitly stated otherwise.

We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained therein solely for your personal, noncommercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

Intellectual Property Policy

HouseNovel Shop respects the intellectual property of others and expects users of the HouseNovel Shop Platform to do the same.

Process for Reporting Copyright Infringement

As a HouseNovel Shop user, you are responsible for the content you upload and provide to the HouseNovel Shop Platform. HouseNovel Shop’s Terms of Use and Acceptable Use Policy do not allow posting, sharing, or sending any content that violates or infringes someone else’s copyrights, trademarks, or other intellectual property rights. As set forth in the Terms of Use, uploaded content to the HouseNovel Shop Platform have represented and warranted that they have all of the rights necessary to do so, and grant HouseNovel Shop a license to the content to permit HouseNovel Shop to use it on the HouseNovel Shop Platform.

If you believe your intellectual property has been infringed on the HouseNovel Shop Platform, please review this Policy and complete the following electronic submission form for submission of takedown requests. If you are unsure whether the material you plan to report to us is infringing or otherwise violating another person’s rights, you should seek legal advice before reporting such content to us, as false or inaccurate reports could carry legal liability.

If you infringe the copyrights or other intellectual property rights of others, content may be removed or suspended in whole or part, consistent with this Policy and/or applicable law.

Copyright Infringement Claims

If you believe in good faith that materials hosted by HouseNovel Shop infringe your copyright rights, you (or your agent), can request that the material be removed, or access to it blocked. You must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the HouseNovel Shop Platform are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow HouseNovel Shop to locate the material on the HouseNovel Shop Platform; (d) information reasonably sufficient to permit HouseNovel Shop to contact the complaining party, such as the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. HouseNovel Shop is not required to and may not respond to complaints that do not meet these requirements. HouseNovel Shop may also ask for additional information related to your intellectual property complaint and may also forward your complaint, including your email address and name to the entities whose content you asked to be removed. These requirements are guided by the Digital Millennium Copyright Act (the "DMCA") and similar laws in other jurisdictions. All notices provided to HouseNovel Shop must be in machine-readable format.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (d) a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which HouseNovel Shop services may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name). Additional rights may apply to EU users via the Digital Services Act for appeals.

Notices and counter-notices with respect to claims of copyright infringement on the HouseNovel Shop Platform must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details) and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Agent to Receive Notices of Claimed Infringement: hello@housenovelshop.com

Upon receipt of a counter-notice, HouseNovel Shop may send a copy of the counter-notice to the original complaining party, informing that party that HouseNovel Shop may replace the removed content or cease disabling it.

Other Intellectual Property Infringement Claims (Trademark, Patent & Trade Dress)

If you believe in good faith that materials on the HouseNovel Shop Platform infringe other intellectual property rights, such as trademark, patent, or trade dress infringement rights, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the intellectual property right claimed to have been infringed (or if multiple intellectual property located on the HouseNovel Shop Platform are covered by a single notification, a representative list of registrations, as an example); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow HouseNovel Shop to locate the material on the HouseNovel Shop Platform; (d) information reasonably sufficient to permit HouseNovel Shop to contact the complaining party, such as the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. HouseNovel Shop will not respond to complaints that do not meet these requirements. HouseNovel Shop may also ask for additional information related to your intellectual property rights.

Note that HouseNovel Shop does not mediate intellectual property disputes between third parties and rights owners. Should a third party contest an allegation you submitted against them, HouseNovel Shop may forward the claim to the third party, with your email address and contact information, with the intent that the third party and you may resolve any dispute over ownership rights and/or infringement. Unlike a copyright infringement violation, HouseNovel Shop will only reinstate or re-list content taken down under intellectual property violations upon receipt of a retraction (sent to hello@housenovelshop.com) from the rights owner.

Repeat Infringement Policy

HouseNovel Shop takes appropriate action against parties it categorizes as repeat infringers. A repeat infringer includes, but is not limited to, anyone who qualifies as such under the DMCA, or who receives multiple claims of IP infringement and such claims are determined by HouseNovel Shop to be valid. It is our policy, in appropriate circumstances and our discretion, to disable and/or terminate accounts of users who repeatedly infringe or are charged repeatedly with infringing the intellectual property rights of others.

Reporting Suspicious Activity

Please be advised that this policy pertains to violations of intellectual property rights. If you have concerns about HouseNovel Shop product listings that you believe contain offensive, prohibited, misleading, or incorrect content, please notify us by using the report incorrect information or image link on the page for the specific product. If you see other suspicious activity on HouseNovel Shop or elsewhere on the HouseNovel Shop Platform, including illegal content pursuant to the Digital Services Act, please notify us via our email at hello@housenovelshop.com

Proprietary Rights.

As between you and HouseNovel Shop, HouseNovel Shop is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The HouseNovel Shop logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, the “Intellectual Property”) are owned by HouseNovel Shop and may be registered in the United States and internationally.

You agree not to display or use the Intellectual Property in any manner without HouseNovel Shop’s prior written permission. Nothing on the Site should be construed to grant any license or right to use any of the Intellectual Property without the prior written consent of HouseNovel Shop. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by HouseNovel Shop. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.

User Content; Social Media Agreement.

We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you:

(i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or 

(ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, TikTok and Pinterest, that are tagged with #HouseNovel or any other HouseNovel Shop promoted hashtag (collectively “User Content”) shall be deemed non-confidential and non-proprietary.

By submitting or posting any User Content, you grant to HouseNovel Shop a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness (and the likeness of any other person appearing therein, including, without limitation, any minor child) included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including, but not limited to, in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you.

Neither you, nor any other person or entity, will have the right to: 

(a) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms; or

(b) inspect or approve the editorial copy or other material that may be used in connection with the User Content. HouseNovel Shop will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products that incorporate or otherwise rely upon such information.

HouseNovel Shop shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. HouseNovel Shop retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content. 

By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that:

(i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity;

(ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity;

(iii) you hereby give permission on behalf of any minor children that appear in the User Content, to which you are the legal guardian, to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity;

(iv) you are 16 years of age or older; and

(v) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by HouseNovel Shop, you will furnish HouseNovel Shop any documentation, substantiation or releases necessary to verify your compliance with these Terms.

You are solely responsible for the User Content and you hereby agree to indemnify and hold HouseNovel Shop and its members, manager, employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

HouseNovel Shop does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge HouseNovel Shop and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with:

(i) disputes between you and one or more users or any other person or entity; or

(ii) the use by HouseNovel Shop or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that HouseNovel Shop has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content.

HouseNovel Shop acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If HouseNovel Shop becomes aware of any User Content that allegedly may not conform to these Terms, HouseNovel Shop may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. HouseNovel Shop has no liability or responsibility to Users for performance or nonperformance of such activities.

Without limiting the foregoing in any way, HouseNovel Shop has the absolute right to remove and/or delete without notice any User Content within its control in its sole discretion. You consent to such removal and/or deletion and waive any claim against HouseNovel Shop for such removal and/or deletion. HouseNovel Shop is not responsible for failure to store posted content or other materials you transmit through the Site. You should take measures to preserve copies of any data, material, content or information you post to the Site or any other sites or platforms.

Telephone Communications; Text Messaging; SMS Policy.

From time to time, HouseNovel Shop may offer a text messaging service to provide you with updates regarding HouseNovel Shop Products, offers and orders. As applicable, the following terms apply. Telephone communications with us, including calls with any of our agents or independent contractors, are routinely monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone number, to being monitored or recorded.

By providing us with a phone number (including mobile) as your contact number, you expressly authorize us to contact you regarding your account for non-telemarketing communications, via text message or telephone, including the use of prerecorded or auto-dialed calls, using that number. When you provide us with your mobile phone number, you agree that we may send you text messages (including SMS and MMS) to that phone number. We will send you a number of text messages in order to setup your account. Thereafter, the number of messages sent to you per month will be in response to your engagement with us, and therefore dependent on your voluntary level of engagement with us. You will receive a confirmation text message, and you may need to reply as instructed to complete registration. Message and data rates apply. Follow all texted prompts to cancel or ask for help as indicated. You agree to receive a final text message confirming your opt-out.

You may opt-out at any time as instructed by the text service by texting the instructed words to the number provided. You agree to receive a final text message confirming your opt-out. Texts may be sent through an automatic telephone dialing system. You agree to notify us of any changes to your mobile number and update your account us to reflect this change. You might see some message & data rate charges from your mobile provider, though, so be sure to check your plan. Charges will not be initiated by us. It is our policy, that just as a user must opt in to a text marketing list, they have the right to opt out of a particular text marketing list as well. When a user opts out of a text marketing list, they will no longer receive any texts unless they, themselves, re-subscribe.

Privacy Policy.

Notwithstanding anything else to the contrary contained in these Terms, HouseNovel Shop’s use of any personally identifiable information (name, email, etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding HouseNovel Shop’s protection of your personal information, please refer to our Privacy Policy.

Third Party Platforms.

11.The Site may contain links and provide use and access to websites, applications or other products or services operated by other companies including, without limitation, all third party vendors who will drop ship Products directly to you (“Third Party Platforms”). HouseNovel Shop does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. HouseNovel Shop is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk. You acknowledge and agree that we provide access to such Third Party Platforms “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 Third Party Platforms.

We may also, in the future, offer new services and/or features through the website (including, the release of new tools, platforms and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third Party Links.

Certain content, products and services available via our Site may include materials from third parties. Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.

Operation of the Site and the Role of HouseNovel Shop.

The Site provides an online marketplace for third party retailers to sell Products to Site users. Each sale is directly between the Site user and the third party retailer. The role of HouseNovel Shop is expressly limited to making the Site available and maintaining the Site. HouseNovel Shop is an intermediary and not an agent or fiduciary for either the Site user or the third party retailer for any purpose. HouseNovel Shop is not responsible for the actual sale of Products and does not control the information provided by third party retailers or users nor their acts or omissions. HouseNovel Shop is independent from users and third party retailers, and no partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by the operation of the Site by HouseNovel Shop. By using the Site, users, solely of their own initiative, select and purchase Products marketed by third party retailers, and place orders for Products via the Site.

You acknowledge that HouseNovel Shop has no control over the ultimate price Products are sold at or any sales terms ultimately entered into between you and a third party retailer. We are not responsible for the delivery of or transfer of legal ownership of Products from a third party retailer to users. We are not responsible for the delivery of payment from users to the third party retailer.  Payment is effected through a third-party financial services provider. We have sole control over the look, feel, content, operations and evolution of the Site, and may modify the Site and any content in our sole discretion.

Offers to Buy or Sell Outside of the HouseNovel Shop Site.

HouseNovel Shop does not allow Site users or third party retailers to use HouseNovel Shop to contact each other to make offers to buy or sell Products outside of the Site. Also, users and third party retailers are not permitted to use information obtained from the Site to contact each other about buying or selling outside of the Site. Third party retailers are liable for all fees due to HouseNovel Shop arising out of all sales made using some or all of the Site’s services, even if sales terms are finalized or payment is made outside of the Site. Please make sure to follow these guidelines. If a Site user breaches these guidelines, HouseNovel Shop may limit, restrict, or suspend the user from using Site features. The user may also forfeit special account status and any discounts. The user may be subject to the application of fees and recovery of HouseNovel Shop’s expenses in policy monitoring and enforcement.

California Consumer Rights Notice.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please either send an email to hello@housenovelshop.com. Residents of California may contact the California Department of Consumer Affairs Division of Consumer Services, Complaint Assistance Unit by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Disclaimers and Limitations of Liability.

HouseNovel Shop publishes information on its Site as a convenience to its visitors. While HouseNovel Shop attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products and services described on the Site may not be available in your region. HouseNovel Shop does not claim that the information on the Site is appropriate to your jurisdiction or that the products and services described on its Site will be available for purchase in all jurisdictions.

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE PRODUCTS, THE SITE, AND ALL THIRD PARTY PLATFORMS, WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HOUSENOVEL SHOP DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL MATERIALS AND CONTENT, FUNCTIONS, SERVICE AND PRODUCTS PROVIDED ON THE SITE AND ANY THIRD PARTY PLATFORM, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

HOUSENOVEL SHOP DOES NOT WARRANT THAT THE SITE AND ANY THIRD PARTY PLATFORM OR ITS FUNCTION OR THE MATERIALS AND CONTENT OR THE PRODUCTS MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. HOUSENOVEL SHOP MAKES NO WARRANTY THAT THE SITE OR ANY THIRD PARTY PLATFORM WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE OR THIRD PARTY PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE OR THIRD PARTY PLATFORM.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THIS LIMITATION OF LIABILITY MAY NOT APPLY TO ALL USERS AND MAY BE LIMITED BY APPLICABLE LAW, AND CERTAIN USERS MAY HAVE ADDITIONAL RIGHTS NOT EXPRESSED HEREIN.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOUSENOVEL SHOP, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THIRD PARTY PLATFORM OR THE ORDER, RECEIPT OR USE OR MISUSE OF ANY PRODUCT OR THE MATERIALS AND CONTENT OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE OR THIRD PARTY PLATFORM, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF HOUSENOVEL SHOP OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES  AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF HOUSENOVEL SHOP AND THE OTHER HOUSENOVEL SHOP PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO

(A) THE ORDER, RECEIPT OR USE OF THE PRODUCTS PURCHASED FROM THE SITE EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND

(B) THE ACCESS OR USE OF THE SITE OR CONTENT, EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE HOUSENOVEL SHOP AND THE OTHER HOUSENOVEL SHOP PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THIS LIMITATION MAY NOT APPLY TO PERSONAL INJURY CLAIMS.

Indemnity.

You agree to indemnify and hold HouseNovel Shop, its managers, members, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including actual outside attorneys’ fees and court costs, in any way arising from, related to or in connection with your use of the Site, your violation of these Terms, your misuse of the Products or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information, materials or User Content you provide infringes any third-party proprietary right.

You further agree to reimburse HouseNovel Shop, within thirty (30) days of each demand for reimbursement, for any and all costs, liabilities, expenses, fees, fines, professional fees and other amounts paid or incurred by HouseNovel Shop (or such other indemnitee) in connection with the foregoing indemnity.

Governing Law and Disputes.

THE PARTIES AGREE THAT THESE TERMS, ANY SALES THEREUNDER, AND/OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE) BETWEEN YOU AND HOUSENOVEL SHOP ARISING FROM OR RELATING TO THESE TERMS, USE OF THE PRODUCTS, ITS INTERPRETATION OR THE BREACH, TERMINATION OR VALIDITY THEREOF, THE RELATIONSHIPS THAT RESULT FROM THESE TERMS, HOUSENOVEL SHOP’S ADVERTISING, OR ANY RELATED PURCHASE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO CONFLICTS OF LAW.

Dispute Resolution and Binding Arbitration.

YOU AND HOUSENOVEL SHOP ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND HOUSENOVEL SHOP its members, managers, agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase arising from or relating in any way to your purchase of the Products, your use of the Site, these Terms, its interpretation or the breach, termination or validity thereof, the relationships that result from these Terms (including relationships with third parties who are not signatories to these Terms), HouseNovel Shop’s advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or these Terms is void, voidable or otherwise invalid.

The arbitration shall be administered by the American Arbitration Association (AAA) or JAMS (or a substitute forum if both are unavailable). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Consumer claimants (individuals whose transaction is intended for personal, family or household use) may elect to pursue their claims in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the customer’s individual dispute or controversy.

You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR HOUSENOVEL SHOP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS/USERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration). The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity.

This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Payment for all filing, administration and arbitrator fees will be governed by the rules of the applicable arbitration administrator, provided, that HouseNovel Shop will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. If you prevail on any claim that affords the prevailing party statutory attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. Information on AAA or JAMS and their applicable rules are available at the following numbers and URLs:

(i) American Arbitration Association: (800) 778-7879, www.adr.org; and

(ii) JAMS: (800) 352-5267, www.jamsadr.com. If for any reason a claim proceeds in court rather than in arbitration each of you and HouseNovel Shop waive any right to a jury trial. Moreover, each of you and HouseNovel Shop both agree that either party may bring suit in court to enjoin infringement or misuse of intellectual property rights.

General.

These Terms constitute the entire agreement between you and HouseNovel Shop and govern your use of the Site, and they supersede any prior agreements between you and HouseNovel Shop, provided, however, that these Terms shall be read in conjunction with our “Privacy Policy,” as applicable. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.

HouseNovel Shop may terminate this agreement and deny you access to the Site at any time, immediately and without notice, if in HouseNovel Shop’s sole discretion you fail to comply with any provision of these Terms. You agree that no joint venture, partnership, employment or agency relationship exists between HouseNovel Shop and you as a result of these Terms or your use of the Site. Any claim or cause of action you may have with respect to HouseNovel Shop or the Site must be commenced within one (1) year after the claim or cause of action arose or be forever barred. The failure of HouseNovel Shop to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

If any provision in these Terms is held invalid, the remainder of these Terms shall continue to be enforceable. If any provision in these Terms is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms and the remaining provisions are still valid and enforceable. You may not assign these Terms nor any of your rights or obligations under these Terms without HouseNovel Shop’s express prior written consent. These Terms inure to the benefit of HouseNovel Shop’s successors, assigns, affiliates and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.

To contact us with any questions or concerns in connection with these Terms or the HouseNovel Shop site, or to provide any notice under these Terms to us, please contact us at:

Email: hello@housenovelshop.com.

Phone: 612-568-7070

Mailing Address: 15315 Skyview Drive, Minnetonka, MN 55345