Terms of Service
This website is operated by NOVA, Element Corp a Georgia-based business operating as Flourish by NOVA ("Company," "we," "us," or "our"). Throughout the Site, the terms "we," "us," and "our" refer to NOVA. NOVA offers this website, including all information, tools, and Services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By creating an account, placing an order, or clicking any "I Agree," "Place Order," or similar button on this Site, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, our Return Policy, and any other policies referenced herein. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.
These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
"Company," "we," "us," or "our" refers to NOVA, a Georgia-based business operating as Flourish by NOVA, with its principal address at 2870 Peachtree Rd. #886, Atlanta, GA 30305.
"Products" means all dietary supplements, health and wellness products, and any related merchandise offered for sale on the Site.
"Site" means the website located at flourishbynova.com and any associated subdomains.
"Service" means the Site, the Products, and all related services, content, features, and functionality made available through the Site.
"You" or "Customer" means any individual who accesses, browses, or purchases from the Site.
"Content" means all text, images, graphics, videos, product descriptions, user submissions, and other materials on the Site.
SECTION 2 — ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 3 — GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content may be transmitted over various networks and may undergo technical changes to conform to the requirements of connecting networks or devices. While the Company employs industry-standard encryption (including TLS/SSL) to protect data in transit, no method of electronic transmission or storage is 100% secure. The Company cannot guarantee absolute security of data transmitted to or from the Site.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 5 — MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 — PRODUCTS OR SERVICES
Certain Products or Services may be available exclusively online through the website. These Products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy, available at https://flourishbynova.com/pages/shipping-returns
Dietary supplements are generally not eligible for return once opened or if the neck safety seal is broken. Unopened Products may be returned only as described in our Shipping & Returns Policy at https://flourishbynova.com/pages/shipping-returns.
The Company has made every effort to display as accurately as possible the colors, images, and descriptions of the Products that appear on the Site. The Company cannot guarantee that your device's display of any color will be accurate, nor does the Company guarantee that product packaging, labeling, or formulation will not change. Supplement Facts panels, ingredient lists, and allergen information displayed on the Site are for reference only; always refer to the physical product label for the most current and complete information before use.
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made on this Site is void where prohibited.
We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 7 — HEALTH AND SUPPLEMENT DISCLAIMERS
FDA Disclaimer. The Products sold on this Site are dietary supplements. The statements made regarding these Products have not been evaluated by the Food and Drug Administration. These Products are not intended to diagnose, treat, cure, or prevent any disease.
Not Medical Advice. The information provided on this Site, including but not limited to product descriptions, blog content, emails, social media posts, and customer communications, is for informational and educational purposes only. It is not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
Assumption of Risk. By purchasing and/or consuming any Product from this Site, you acknowledge and agree that: (a) you have consulted with a qualified healthcare professional before using any dietary supplement, particularly if you are pregnant, nursing, taking medication, or have a pre-existing medical condition; (b) dietary supplements may cause adverse reactions in certain individuals; (c) you voluntarily assume all risks associated with the use of the Products; and (d) you will immediately discontinue use and consult a physician if you experience any adverse reaction.
No Guarantees of Results. Individual results may vary. The Company makes no guarantees regarding the effectiveness, outcomes, or specific results from the use of any Products. Testimonials or reviews displayed on the Site reflect individual experiences and are not to be construed as guaranteed outcomes.
Adverse Event Reporting. If you experience a serious adverse event associated with any Product, please contact us immediately at hello@flourishbynova.com and report the event to the FDA's MedWatch program at 1-800-FDA-1088. Under 21 U.S.C. § 379aa-1, the responsible person whose name appears on a dietary supplement label is required to report serious adverse events to the FDA within 15 business days of receipt.
Age Requirement. Certain Products sold on this Site may be subject to age restriction laws, including but not limited to New York General Business Law § 391-oo, which prohibits the sale of dietary supplements marketed for weight loss or muscle building to individuals under 18 years of age. By purchasing any Product, you represent and warrant that you are at least 18 years of age. The Company reserves the right to require age verification for any order and to cancel orders where age verification cannot be confirmed.
SECTION 8 — ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Payment processing is provided by third-party payment processors, including but not limited to Shopify Payments and Stripe. The Company does not store your full credit card information on its servers. By providing your payment information, you authorize the Company and its payment processors to charge the applicable fees to your designated payment method.
The Company reserves the right to refuse, cancel, or reverse any transaction that the Company, in its sole discretion, believes to be fraudulent, unauthorized, or in violation of these Terms. The Company may require additional verification before processing any order and may cancel orders where verification cannot be completed.
For more detail, please review our Return Policy.
SECTION 9 — SUBSCRIPTIONS AND AUTO-RENEWAL
Subscription Offers. We may offer certain Products through automatically renewing subscription plans (“Subscriptions”). Each Subscription automatically renews at the end of the selected billing period and continues for successive periods of the same length until you cancel or we terminate the Subscription in accordance with these Terms. There is no minimum purchase commitment unless a specific minimum commitment is clearly disclosed to you before you enroll.
Offer Terms Presented Before Enrollment. Before you enroll and before we obtain or confirm your billing information, we will clearly and conspicuously disclose, in visual proximity to the control through which you consent: (a) that the Subscription automatically renews and continues until cancelled; (b) the Product and quantity included in each shipment; (c) the amount of the initial charge; (d) the amount of each recurring charge, or the manner in which that amount will be calculated, plus any applicable taxes and separately disclosed shipping charges; (e) the billing and shipment frequency; (f) the length of each renewal term; (g) any minimum purchase obligation; (h) the duration and conditions of any trial, introductory, promotional, or discounted price and the price that will apply afterward; and (i) the cancellation policy, including how and when to cancel to avoid the next recurring charge.
Express Consent and Payment Authorization. By selecting a Subscription and clicking the button that expressly states that your purchase includes recurring charges, you affirmatively consent to the disclosed automatic-renewal terms and authorize NOVA Element Corp, doing business as Flourish by NOVA (“Flourish,” “we,” “us,” or “our”), and our payment processors to charge your selected payment method for the initial order and each recurring order until your Subscription is cancelled or terminated. Your consent to recurring charges is separate from any consent to receive marketing communications. We will retain verification of your consent as required by applicable law.
Order Acknowledgment. After enrollment, we will send you a confirmation in a form you can retain. The confirmation will identify the subscribed Product, the initial and recurring charge amounts, the billing and shipment frequency, the automatic-renewal terms, any applicable promotional period, the cancellation policy, and a direct method for cancelling the Subscription.
Current Subscription Options. The specific price, discount, quantity, billing frequency, shipment frequency, and benefits applicable to your Subscription are the terms displayed and accepted at checkout and confirmed in your order acknowledgment. Unless checkout expressly states otherwise, an introductory price applies only for the disclosed introductory period, after which the Subscription renews at the disclosed ongoing price.
Cancellation. You may cancel at any time without a cancellation fee through the online subscription portal at https://account.flourishbynova.com/ or by emailing hello@flourishbynova.com. Customers who enroll online may complete cancellation online, at will, after no more than reasonable authentication used solely to confirm authority over the account. We will not require a telephone call, live chat, survey, retention offer, or additional purchase as a condition of cancellation. If we present an optional discount or retention offer during online cancellation, a clear and continuously available control that completes cancellation will remain prominently displayed.
When Cancellation Takes Effect. Cancellation stops future automatic renewals and recurring charges when the cancellation request is completed or received. To avoid a recurring charge, cancellation must be completed before the renewal order is processed. The portal will display your next scheduled processing date and, where technically available, the applicable time and time zone. If a recurring order has already been processed before cancellation is completed, cancellation will apply to future renewals and the processed order will remain subject to our Shipping and Returns Policy, except where applicable law requires otherwise. We will promptly provide confirmation of cancellation showing its effective date and the status of any order already processed.
Skipping and Modifying. Available skip, rescheduling, quantity, address, and frequency changes may be made through the subscription portal or through any other method disclosed in the Subscription FAQ. A skipped shipment, or rescheduled shipment does not cancel the Subscription. Changes submitted after an order has been processed apply to later orders.
Renewal and Promotional-Period Notices. We will provide renewal and reminder notices when required by law. Notices will identify the Subscription, state that it will renew or continue unless cancelled, disclose the renewal date, renewal term, amount and frequency of the charge, and provide a direct electronic cancellation method and our contact information. For an introductory, promotional, discounted, free-gift, or trial period lasting more than 31 days, we will send the required notice 3–21 days before that period expires. For an initial term of one year or longer, we will send the required notice 15–45 days before renewal. We will also send an annual reminder for each active Subscription using the medium through which you enrolled or a medium through which you customarily interact with us. For Colorado customers whose Subscription renews for periods of less than 12 months, the annual notice will be sent 25–40 days before the renewal that extends the Subscription beyond each successive continuous 12-month period.
Price and Other Material Changes. We may change Subscription prices or other material terms prospectively. We will not apply a higher recurring price to an existing Subscription without first providing a clear and conspicuous notice, in a form you can retain, that states the new price, its effective date, and how to cancel. A fee change will be communicated at least 7 days and no more than 30 days before it takes effect, or within any different period required by applicable law. Other material changes will be communicated before they take effect. General statements elsewhere in these Terms that prices may change without notice do not apply to recurring charges under an existing Subscription.
Failed Payments. If a recurring payment fails, we may retry the charge using the schedule disclosed in the Subscription FAQ and may notify you to update your payment method. Unless prohibited by law, a failed payment does not itself cancel amounts already due. We may pause shipments or cancel the Subscription after the disclosed retry period. We will not use a payment-method update to impose materially different Subscription terms without the notice or consent required by law.
Promotional Benefits and Abuse. Promotional prices, gifts, kits, rewards, and other benefits are subject to the eligibility conditions clearly disclosed before enrollment. Unless the applicable offer expressly states otherwise, a complimentary first-subscription gift or starter kit is available only to customers whose Subscription remains active through fulfillment of the first subscription order. If you cancel before that order is fulfilled, we may remove the complimentary promotional gift or kit from the shipment, but we will not retroactively increase the agreed price of the purchased supplement or charge a cancellation fee. We may refuse future promotional eligibility or future Subscription enrollment where we reasonably determine that an account has engaged in fraud, unauthorized transactions, or repeated enrollment intended primarily to obtain one-time promotional benefits. This does not limit your right to cancel future renewals or affect rights already accrued under an existing order.
Milestone Rewards. Milestone Rewards are available only in connection with an eligible paid Subscription. Each eligible Subscription is tracked separately and may earn one reward at each applicable milestone, even if the customer has another eligible Subscription, unless the offer disclosed before enrollment expressly states otherwise. Eligibility is not limited by household, shipping address, or payment method. The applicable milestone schedule, required number of qualifying orders, reward, and expected issuance or shipment timing will be disclosed on the Subscription FAQ or Milestone Rewards page. Unless an offer expressly states otherwise: (a) a milestone is reached only after the required number of orders for that specific Subscription has been successfully paid and processed; (b) an order associated with a different Subscription does not count toward the milestone; (c) a paused, skipped, cancelled, refunded, returned, disputed, charged-back, fraudulent, or unpaid order does not count; (d) cancelling a Subscription stops progress toward unearned future milestones for that Subscription but does not revoke a reward already earned and issued, except in cases of fraud, payment reversal, return, or program abuse; (e) merchandise rewards are not transferable, are not redeemable for cash or store credit, and are subject to availability; (f) we may substitute a merchandise reward with an item of reasonably comparable or greater retail value; and (g) taxes or legally required charges, if any, are the recipient’s responsibility. We may prospectively modify or discontinue the Milestone Rewards program upon clear advance notice, but a modification will not retroactively remove a reward already earned under the terms in effect when the milestone was completed.
Store-Credit Rewards. Some Milestone Rewards may be issued as Flourish Credits instead of merchandise or digital downloads. The applicable milestone, Credit amount, qualifying Subscription orders, and expected issuance timing will be disclosed before the milestone is completed. Credits are issued to the customer account associated with the eligible Subscription only after the applicable milestone is met. Each eligible Subscription is tracked separately.
Milestone Credits do not have a scheduled expiration date as long as the associated Subscription remains active. However, if the associated Subscription is canceled, all unused Milestone Credits earned through that Subscription are immediately forfeited, except where applicable law prohibits forfeiture. Referral and promotional Credits expire 120 days after issuance and are forfeited earlier if the customer no longer maintains an active Flourish Subscription. Cancellation does not affect Credits already applied to a completed Order or Return Credits issued under our Return Policy, if applicable.
We may withhold, correct, cancel, or reverse Credits associated with fraud, an invalid qualifying order, a refund, a return, a payment dispute, a chargeback, a duplicate issuance, a technical error, or program abuse. All other redemption, transfer, refund, and account rules governing Credits are provided in Section 10, Credits, which is incorporated into these Subscription terms.
Company-Initiated Termination. We may decline or terminate future renewals for fraud, abuse, payment failure, Product unavailability, legal or safety reasons, or material violation of these Terms. Unless immediate termination is legally required, we will provide reasonable notice. Company-initiated termination will stop future recurring charges and will not affect a refund or other right required by applicable law.
Controlling Law. If any provision of this Section conflicts with a non-waivable consumer protection law, the law controls and the provision will be interpreted to provide the consumer the protection required by that law.
SECTION 10 - CREDITS
Credits Generally. From time to time, the Company may issue promotional, referral, milestone, customer-service, return, or other account credits (“Credits”) under a Subscription benefit, referral program, rewards program, promotion, return policy, customer-service accommodation, or another program established by the Company. Credits are a limited, revocable right to receive a discount on an eligible future purchase from the Company, subject to these Terms and any additional terms disclosed for the program through which the Credits were issued. Credits are not a bank deposit, debit account, payment account, general-purpose payment instrument, or ownership interest in the Company.
Types and Sources of Credits. Credits may include:
(a) Milestone Credits, earned after completion of the qualifying paid, processed, and fulfilled Subscription orders disclosed in the applicable Milestone Rewards terms;
(b) Referral Credits, earned after satisfaction of the eligibility and qualifying-event requirements disclosed in the applicable referral program;
(c) Promotional or Discretionary Credits, issued through a promotion, loyalty program, customer-service accommodation, or another program established by the Company; and
(d) Return Credits, if applicable, issued in connection with an approved return, refund, adjustment, or canceled Order under the Company’s then-current Return Policy.
The specific program terms will state how Credits are earned, the amount issued, any qualifying purchase or event, and any additional restrictions. Unless the applicable program expressly states otherwise, Credits have no value until they are actually posted to an eligible customer account. Pending, estimated, or advertised Credits are not earned or available for use.
Account Required. Credits are issued to and usable only through the customer account to which they were posted. A customer must maintain an eligible account in good standing to earn or redeem Credits. Credits from different customer accounts may not be pooled, combined, or moved between accounts.
Expiration. Except where applicable law requires a longer period or prohibits expiration, each issuance of Credits expires 120 days after the date it is issued. Each issuance is tracked separately. When more than one issuance is available, the Credits scheduled to expire first will ordinarily be applied first. Receiving additional Credits does not restart, extend, or otherwise change the expiration date of previously issued Credits.
The applicable expiration date will be displayed in the customer’s account or in the electronic notice accompanying the Credits. We may, in our sole discretion, offer a grace period or extend an expiration date. A discretionary extension:
(a) is not guaranteed;
(b) does not create a right to the same or any other extension in the future;
(c) does not waive an existing expiration rule; and
(d) may be limited to the particular customer, issuance, circumstance, or program identified by the Company.
We may, but are not required to, provide a courtesy reminder before Credits expire, except where applicable law requires notice. Customers are responsible for monitoring their available balance and expiration dates.
Special Rule for Return Credits. If applicable, Return Credits are subject to the Company’s Return Policy and applicable law. If a Credit is issued in place of money otherwise legally required to be returned to the customer, the Credit will not expire, or will remain valid for any longer minimum period, to the extent required by applicable law. Nothing in these Terms limits a customer’s non-waivable right to receive a refund in the original form of payment, cash redemption, or other remedy when required by law.
Redemption. Subject to eligibility, available balance, and any program-specific terms, Credits may be applied to eligible one-time Product Orders and eligible initial or recurring Subscription Orders placed directly with the Company. A customer may redeem a maximum of $10.00 in Credits per Order, regardless of the number or source of Credits available. The $10.00 maximum applies to all Credits combined and not separately to each Credit issuance or rewards program.
Credits:
(a) may be applied only to the eligible Product subtotal;
(b) may not be applied to taxes, shipping charges, delivery charges, gift cards, stored-value products, previous purchases, amounts already due, or any excluded Product or service;
(c) may not reduce an Order below zero or produce cash, a refund, or a negative balance;
(d) may not be redeemed through a third-party retailer, marketplace, or seller;
(e) may not be used after their applicable expiration date;
(f) may be subject to additional exclusions disclosed before the Credits are earned or issued and
(g) for subscribers, must be applied via the customer in their subscription portal accessed via https://account.flourishbynova.com/.
Any unused balance above the amount applied to an Order remains in the customer’s account until used or expired. The Company’s system record of the available Credit balance, use, and expiration controls absent manifest error.
No Transfer or Cash Redemption. Credits are personal to the recipient and may not be sold, purchased, transferred, assigned, gifted, bartered, pledged, or exchanged. Credits are not redeemable for cash, check, payment to a bank or payment account, or any cash equivalent, except where applicable law expressly requires cash redemption or another remedy. Any attempted prohibited transfer or sale is void and may result in cancellation of the affected Credits and suspension or termination of program participation or the associated account.
Returns of Purchases Made with Credits. If the Company approves a return or refund for an Order purchased partly with Credits, the portion paid with Credits may be restored as Credits rather than refunded in cash or to another payment method, except where applicable law requires otherwise. Restored Credits retain their original expiration date unless the Company elects to provide a grace period or applicable law requires a later date. Cash, card, or other amounts paid in addition to Credits will be handled under the Company’s Return Policy.
Adjustments, Reversals, and Abuse. The Company may withhold, correct, cancel, or reverse Credits that were issued or obtained because of:
(a) a returned, refunded, canceled, disputed, charged-back, fraudulent, unauthorized, or unpaid Order;
(b) failure to satisfy the applicable Subscription milestone, referral qualification, or promotional condition;
(c) duplicate issuance, technical error, clerical error, or system malfunction;
(d) manipulation, circumvention, self-referral, creation of duplicate or fictitious accounts, resale, prohibited transfer, or other misuse of a Credit or rewards program; or
(e) a material violation of these Terms or the applicable program terms.
We may require reasonable verification before issuing or permitting redemption of Credits. We may also limit or deny future Credit eligibility, referral participation, rewards participation, or account access where we reasonably determine that fraud, abuse, or manipulation has occurred. These remedies do not limit any other right or remedy available to the Company.
Account Closure. If a customer voluntarily closes an account or the Company terminates an account for fraud, abuse, unauthorized conduct, or material violation of these Terms, unused Credits associated with that account will be forfeited to the extent permitted by applicable law. Account closure will not eliminate a non-waivable refund, a cash redemption right, or any other remedy required by law.
Effect of Subscription Cancellation. Milestone, Referral, and some promotional Credits are benefits of maintaining an eligible active Flourish Subscription. Canceling the Subscription associated with Milestone Credits immediately forfeits all unused Milestone Credits earned through that Subscription. If a customer no longer maintains any active Flourish Subscription, all unused Referral and promotional Credits are also forfeited. Return Credits are not forfeited solely because a Subscription is canceled. These forfeiture rules apply except where prohibited by applicable law.
Program Changes and Termination. The Company may create, modify, suspend, or discontinue a Credit, referral, milestone, loyalty, or promotional program prospectively. We may change future eligibility requirements, earning rates, redemption limits, participating Products, or other program terms after providing any notice required by applicable law. Unless required by law, a prospective program change will not retroactively remove Credits already earned and posted before the effective date of the change. Already-issued Credits remain subject to the redemption limits and expiration date applicable at the time of issuance, unless the Company provides more favorable terms or applicable law requires otherwise.
Program-Specific Terms. Additional terms may apply to a particular Credit program. Those terms are incorporated into these Terms. If program-specific terms conflict with this Section, the more specific program terms control for that program, except that no program term may reduce a right that cannot lawfully be waived.
Taxes. The customer is responsible for any tax liability resulting from receipt or use of Credits. The Company does not provide tax advice and may report Credit activity when required by law.
Applicable Law Controls. Credits will be administered in accordance with applicable federal, state, and local law. If a restriction, expiration period, forfeiture, or redemption limitation in this Section is prohibited or unenforceable in a customer’s jurisdiction, that provision will be modified only to the minimum extent required by law, and the remaining provisions will continue to apply.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "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 optional third-party tools.
Any use by you of the optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 12 — THIRD-PARTY LINKS
Certain content, Products, and Services available via our Service 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 the third party's policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 13 — USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 14 — PERSONAL INFORMATION AND DATA PRIVACY
Your submission of personal information through the Site is governed by our Privacy Policy, available at https://flourishbynova.com/policies/privacy-policy. By using the Site, you acknowledge that you have read and understood the Privacy Policy, including how the Company collects, uses, shares, and protects your personal information. For California residents and residents of other states with applicable privacy laws, your rights regarding the sale or sharing of personal information are described in the Privacy Policy and accessible via the "Do Not Sell or Share My Personal Information" link on the Site.
SECTION 15 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 17 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall NOVA Element Corp d/b/a Flourish by NOVA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products procured using the Service, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or Product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Aggregate Liability Cap. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR ANY PRODUCT SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00). THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY (WHETHER CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms of Service or any documents incorporated by reference; (b) your violation of any applicable law, regulation, or the rights of any third party; (c) your use or misuse of any Product, including but not limited to use contrary to label directions, use despite contraindications, or use without consulting a healthcare professional; (d) any health claim, testimonial, or representation you make regarding any Product on social media, review platforms, or otherwise; and (e) any claim by a third party related to your actions or omissions in connection with the Service or Products.
This indemnification obligation shall survive termination of these Terms and your use of the Site.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 — GOVERNING LAW AND JURISDICTION
These Terms of Service and any dispute arising out of or related to these Terms, the Service, or any Product shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict-of-law principles.
For any dispute not subject to the Dispute Resolution provision below, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Fulton County, Georgia. You waive any objection to jurisdiction, venue, or inconvenient forum in such courts.
SECTION 22 — DISPUTE RESOLUTION
Informal Resolution First. Before initiating any formal proceeding, you agree to contact us at hello@flourishbynova.com and provide a written description of the dispute, all relevant documents and information, and the specific relief sought. The parties shall attempt in good faith to resolve the dispute informally within sixty (60) days of receipt of the written notice.
Binding Arbitration. If the dispute is not resolved informally, you and the Company agree that any dispute, controversy, or claim arising out of or relating to these Terms, the Products, or the Service — including the determination of the scope or applicability of this agreement to arbitrate — shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. Arbitration shall take place in Fulton County, Georgia, or, at your election, may be conducted by telephone or video conference. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Exceptions. Either party may bring an individual action in small claims court for disputes within that court's jurisdictional limits. Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
Opt-Out Right. You may opt out of this arbitration and class action waiver provision by sending written notice to hello@flourishbynova.com within thirty (30) days of your first purchase from the Site. Your notice must include your full name, mailing address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, the Governing Law and Jurisdiction provisions of these Terms shall apply to any dispute.
Mass Arbitration Protocols. If twenty‑five (25) or more claimants submit demands for arbitration that (a) arise out of the same or substantially similar facts, (b) involve the same or substantially similar legal issues, and (c) are filed by or with the assistance of the same law firm or coordinated counsel, the parties agree that the arbitration administrator shall implement reasonable bellwether and batching procedures consistent with its applicable multiple‑case or mass‑arbitration protocols. Those procedures may include: (i) grouping a reasonable number of individual cases to be heard in an initial set of bellwether proceedings; (ii) staying some or all remaining cases while the bellwethers proceed; and (iii) using the outcomes of the bellwethers to inform good‑faith settlement discussions for the remaining cases, while preserving each claimant’s right to an individual arbitration. Nothing in this section prevents any claimant from pursuing their own claim in individual arbitration, or requires any claimant to accept a settlement. The Company will pay any arbitration filing and administrative fees it is required to pay under the applicable consumer arbitration rules and any multiple‑case or mass‑arbitration fee schedule, within the time periods mandated by those rules and applicable law.
SECTION 23 — INTELLECTUAL PROPERTY
All content on the Site — including but not limited to text, graphics, logos, product names (including "Flourish” “Shine In Your Element”, “The NOVA(Verse)”, “Flourish by NOVA” and "NOVA"), images, audio clips, digital downloads, data compilations, software, and the compilation thereof — is the property of the Company or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.
The Company's trademarks and trade dress may not be used in connection with any product or service that is not the Company's, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits the Company.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content on the Site without the Company's prior written consent, except as incidental to normal web browsing.
SECTION 24 — ELECTRONIC COMMUNICATIONS CONSENT
By using the Site, creating an account, or making a purchase, you consent to receive electronic communications from the Company, including but not limited to: order confirmations, shipping notifications, subscription reminders, account-related notices, promotional offers, and updates regarding Products or the Service.
You agree that all agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing. You may withdraw your consent to receive promotional communications at any time by clicking the "unsubscribe" link in any promotional email, replying STOP to any promotional text message, or emailing hello@flourishbynova.com. Withdrawal of consent to promotional communications does not affect the Company's ability to send transactional or account-related communications.
The Company shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any event beyond the Company's reasonable control, including but not limited to: acts of God, natural disasters, epidemics, pandemics, war, terrorism, government orders or restrictions, supply chain disruptions, ingredient shortages, carrier delays, labor disputes, power outages, internet or telecommunications failures, or cyberattacks. During any such event, the Company's obligations shall be suspended for the duration of the event, and the Company will use commercially reasonable efforts to resume performance as soon as practicable.
SECTION 26 — CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 27 — CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@flourishbynova.com.
Our contact information is posted below:
ADDRESS:
2870 Peachtree Rd. #886
Atlanta, GA 30305
PHONE:
678-561-0496
EMAIL:
hello@flourishbynova.com