Terms of service
These terms and conditions (the “Terms”) apply to the website located at www.novobottle.com and all associated sites (collectively, the “Site”) operated by TRIPLE DIGITS HOLDING LLC. The following terms and conditions (“Terms”) govern your use of the Site.
In order to access certain content, material, products or services on the Site, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms, and may then be asked to select or submit a username and password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, email address, gender, and age. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. TRIPLE DIGITS HOLDING LLC will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way.
When placing an order through the Site, you will be required to provide other personal information, such as shipping address, billing address, and payment details. Additional information may be collected by TRIPLE DIGITS HOLDING LLC or its third party providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to us via the Site is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide on the Site change, please login to your account and update such information directly on the Site.
Payments & Payment Methods
The Site currently uses Braintree Payments or Stripe to process payments. Our third-party payment processors accept payments through various credit cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen. For orders placed by credit card or PayPal, the payment is deducted at the time of order placement.
Braintree Payments and Stripe meet level 1 of PCI compliance on data security. Click here or here to learn more.
Some of the Paid Services, such as the purchase of auto-replacing filters or other products, may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. You will have the ability to specify how regularly you would like to order any auto-replacing products. More information on auto-replacing products can be found at our Help / FAQ page. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. All recurring payments are fully earned upon payment.
We may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act. To terminate your authorization or change your payment method, go to your user account.
You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made at www.novobottle.com. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above.
Change in amount authorized
If the amount to be charged to your billing account varies from the amount you pre-authorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Reaffirmation of authorization
Your non-termination or continued use of a paid service (including subscription services) reaffirms that we are authorized to charge your payment method for that paid service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the paid service.
30 Day Return Policy – Unused Products Only
Returns are only accepted within 30 days of the date of purchase. To be eligible for a return, your TRIPLE DIGITS HOLDING LLC Bottle must be unused and in the same condition that you received it. It must also be in its original packaging.
To return your product, please contact us at email@example.com. If the product is received by us in unused and undamaged condition in its original packaging, we will refund your purchase.
90 Day Exchange Policy
We would be happy to exchange your unused Novo Bottle within 90 days of receipt. To exchange your product, please contact us at firstname.lastname@example.org. If the product is received by us in unused and undamaged condition, we will ship your new NOVO Bottle to the address on file, unless otherwise noted.
Damaged in Shipment
Please be sure to inspect your product once you receive it. If your NOVO Bottle is damaged in transit, please email us at email@example.com right away. Include a description of the damages, and pictures if possible. This information is extremely helpful to ensure that our products are packaged and shipped properly. We will arrange for the damaged products to be replaced right away.
Once your return is received and inspected, we will send you an email to notify you that we have received your shipment. If you are approved, then your refund will be processed, and a credit will be applied to your credit card or original method of payment, within 10-14 days.
General Restrictions on Use
You will not (and will not attempt to):
Access any of the Services by any means other than through the interface that is provided by TRIPLE DIGITS HOLDING LLC;
Gain unauthorized access to TRIPLE DIGITS HOLDING LLC computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, TRIPLE DIGITS HOLDING LLC networks and computer systems;
Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and
Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by TRIPLE DIGITS HOLDING LLC in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
As between you and TRIPLE DIGITS HOLDING LLC, TRIPLE DIGITS HOLDING LLC owns or licenses all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available through the Site (“Site Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Content. All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Content. As between you and TRIPLE DIGITS HOLDING LLC, all names, trademarks, symbols, slogans, or logos appearing on the Site are proprietary to TRIPLE DIGITS HOLDING LLC or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms.
Certain features of the Site may allow you to contribute feedback and other information to the Site for access, use, viewing, and commentary by other users of the Site (collectively, “Comments”). By posting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by TRIPLE DIGITS HOLDING LLC on the Site, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of Comments or other material or information to TRIPLE DIGITS HOLDING LLC, you grant TRIPLE DIGITS HOLDING LLC a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Comments, all without any compensation to you whatsoever. For avoidance of doubt, TRIPLE DIGITS HOLDING LLC shall be under no obligation: (1) to maintain any Comments in confidence; (2) to compensate you in any way for your Comments; or (3) to respond to any Comments.
We welcome feedback, comments and reviews of the TRIPLE DIGITS HOLDING LLC products and suggestions for improvements to the Services (“Reviews”). Reviews are submitted voluntarily, and published for informational purposes.
You can submit Reviews by emailing us at firstname.lastname@example.org or by reviewing our products on www.novobottle.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Review for any purpose.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We cannot and do not review all communications, products, or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Comments, Site Content, or the Site, including information submitted in connection with the Site Content or other features at any time, with or without notice in our sole discretion.
Disclaimers and Warranties
TRIPLE DIGITS HOLDING LLC reserves the right to change the assortment of items offered and to limit the quantity of items that may be purchased from time to time and at any time, without prior notice. We also reserve the right to alter the terms or duration of any special offers or sale promotion. TRIPLE DIGITS HOLDING LLC is not liable in case of stock outage or unavailability of products. We have made every effort to display as accurately as possible the colors of our products that appear at the Site, but we cannot guarantee that your computer monitor’s display of any color will be accurate.
TRIPLE DIGITS HOLDING LLC expressly disclaims, to the fullest extent permitted by law, any express or implied warranties: (i) that the Site, Services, Site Content, goods, advice, information or links provided on the Site will meet your requirements; (ii) that the Services will be uninterrupted, timely, secure or free from error; (iii) that defects in the operation or functionality of any software provided to you as part of the Services will be corrected; (iv) regarding the Site Content, goods, services, advice, information or links provided by any third parties or users; (v) that the Site, Site Content, goods, services, advice, or information displayed on the Site will meet your requirements; and (vi) that the Site will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Site shall create any warranty not expressly stated in these Terms.
You understand that the technical processing and transmission of any Site Content and Comments may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Site or the Internet, including, for example, personal information such as your name or address. TRIPLE DIGITS HOLDING LLC assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site, including any injury or damage to you or to any person’s computer related to or resulting from use of the Services or the Site.
No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Site, Site Content and/or Services except to the extent that they are expressly set out in these Terms.
Limitation of Liability
IN NO EVENT WILL TRIPLE DIGITS HOLDING LLC BE LIABLE FOR DAMAGES OTHER THAN ACTUAL AND DIRECT DAMAGES PROVEN IN A COURT OF LAW. IN NO EVENT SHALL TRIPLE DIGITS HOLDING LLC'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF TRIPLE DIGITS HOLDING LLC AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10).
Without limiting the foregoing, you understand and acknowledge that TRIPLE DIGITS HOLDING LLC shall not be liable to you for:
Any indirect, incidental, consequential, punitive or exemplary losses which may be incurred by you arising out of your use of, or inability to use, the Site or the Services, including any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; or
Any loss or damage which may be incurred by you as a result of: (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Site or the Services; (ii) any changes that TRIPLE DIGITS HOLDING LLC may make to the Site or Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); (iii) the deletion of, corruption of, unauthorized access to, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Site or the Services; (iv) the use of any products or services obtained on or through the Site; or (v) any other matter relating to the Site, the Services, the Site Content, or the Comments.
The limitations on TRIPLE DIGITS HOLDING LLC's liability to you in this Section shall apply whether or not TRIPLE DIGITS HOLDING LLC has been advised of or should have been aware of the possibility of any such losses arising.
Links To Other Sites
If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify TRIPLE DIGITS HOLDING LLC by email at email@example.com with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”). Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in San Francisco, California, unless TRIPLE DIGITS HOLDING LLC elects otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Florida. The arbitrator shall not be bound by rulings in prior arbitrations involving different TRIPLE DIGITS HOLDING LLC users, but is bound by rulings in prior arbitrations involving the same TRIPLE DIGITS HOLDING LLC user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, TRIPLE DIGITS HOLDING LLC will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by TRIPLE DIGITS HOLDING LLC should be submitted by mail to the AAA along with your demand for arbitration and TRIPLE DIGITS HOLDING LLC will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, TRIPLE DIGITS HOLDING LLC will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse TRIPLE DIGITS HOLDING LLC for all fees associated with the arbitration paid by TRIPLE DIGITS HOLDING LLC on your behalf that you otherwise would be obligated to pay under the AAA’s rules. If an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.
You can choose to reject this agreement to arbitrate by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty days after the date you accept these Terms for the first time. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street number and address, city, state, and zip code), phone number, and the email address used to log in to the TRIPLE DIGITS HOLDING LLC account to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms will continue to apply. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
The Site is controlled and operated from within the United States. Without limiting anything else, TRIPLE DIGITS HOLDING LLC makes no representation that the Site, Site Content, Comments, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws.
Last Updated: 10/01/2022