1.2 YOUR RELIANCE UPON INFORMATION AND CONTENT OBTAINED THROUGH THIS SITE IS SOLELY AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY (INCLUDING DEATH) TO YOU, OTHER PERSONS, OR PROPERTY ARISING FROM ANY USE OF ANY INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT CONTAINED IN THIS SITE.
1.3 Various services offered by Nuvo in connection with its proprietary technology shall be governed by other binding agreements.
1.4 The Site is intended for use by persons who are at least 18 years of age (“Legal Capacity”). Accordingly, if you are not of Legal Capacity, you are not allowed to use the Site. Be aware that we are not and shall not be held liable for any breach of this requirement.
1.5 WE RESERVE THE RIGHT TO CHANGE OR DISCONTINUE THE SITE AT ANY TIME, WITHOUT NOTICE, FOR ANY REASON OR FOR NO REASON. WE MAY ALSO REVISE THESE TERMS WITHOUT NOTICE AT ANY TIME AT OUR SOLE DISCRETION. YOU AGREE THAT YOUR CONTINUED USE OF THE SITE FOLLOWING SUCH MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH MODIFICATIONS. WE ENCOURAGE YOU TO REVISIT THESE TERMS REGULARLY TO BE UPDATED OF ANY MODIFICATION MADE.
1.6 We reserve our right to suspend the provision of the Site to anyone, for any reason or for no reason.
1.7 All communications between you and us shall be by electronic means. You hereby agree to receive communications from us in an electronic form (e.g.., email, SMS, etc.).
2. No Medical Advice
2.1 The contents of our Site, such as text, graphics, images, information and other materials contained thereon (collectively, “Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or medical need. Never disregard or delay in seeking professional medical advice because of something you have read on our Site.
2.2 If you think/believe you may have a medical emergency, call your doctor or 911 immediately. Nuvo does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be referenced in any Content made available to you. Reliance on any information provided by Nuvo, representatives of Nuvo, others appearing on the Site at the invitation of Nuvo, or other users of the Site is solely at your own risk.
2.3 We do not make any warranty that the Content on this Site satisfies government regulations requiring disclosure of information on prescription drug products. The Content was developed for use in the United States and neither we nor the content providers make any representation concerning the content when used in any other country. While information on this Site has been obtained from sources believed to be reliable, neither we nor the content providers warrant the accuracy of codes, prices, therapeutic content, or other data of any nature contained on this Site. We do not give medical advice, nor do we provide medical or diagnostic services. Neither we nor the content providers guarantee that the Content on this website covers all possible uses, directions, precautions, drug interactions, or adverse effects that may be associated with any therapeutic treatment.
3. Creating an Account
3.1 You are required to create an account in order to access certain areas of the Site. You agree that all information provided by you is accurate, full, complete and up-to-date at all times. You may not use the accounts of others, or allow others to use your account, and you are solely responsible for preventing such unauthorized use of your account.
3.2 You agree that we may rely on the email address you provide us, or a social login (e.g. Facebook, Twitter, Google+) as a User ID to confirm whether users accessing and using our Site are authorized to do so. If a user accesses the Site using a User ID that was issued to you, we will rely on that User ID and will assume you personally are accessing the Site. You are solely responsible for any and all access and/or use of the Site by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
3.3 We strongly recommend having a complex password, to be kept secured at all times. You are also encouraged to change your password regularly.
4. Using the Site
4.1 You are granted a limited non-exclusive license to view, print or download content, graphics, forms or documents from the Site for use solely by you for your own personal use. No page from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, framed, commercialized, distributed in any way, or incorporated into any other website or electronic or mechanical information retrieval system, except that You may download one copy of the viewed materials on any single computer for Your personal, non-commercial home use only (but not for resale or redistribution); provided, that, you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of the content provider’s copyright and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited. All rights, title and interest in and to the materials on this Site (including but not limited to all copyrights, trademarks, service marks, trade names and all derivative works) are owned or controlled by and shall remain at all times vested in Nuvo or its content providers.
4.2 When you use the Site, we may be able to gain access to information and materials created and/or submitted by you, as well as others, including any data, text, information, graphics, photos, profiles, audio clips and videos, links and any application (collectively, “User Content”) that you submit, post and display on your account.
4.3 In respect of the User Content that you submit from time to time in connection with either the Site, you agree not to: revise content created by others or otherwise create derivative works therefrom without those user’s express authorization;create, post or use any User Content in any manner which may infringe the copyright, trademark, trade secret, or other intellectual property or other proprietary right of others; violate the privacy, publicity, confidentially or other rights of third parties; be discriminatory, defamatory, obscene, threatening, abusive, sexually degrading or hateful, as determined by us in our sole discretion; or intentionally submit Content that is false, inaccurate or illegal under any applicable law.
4.6 By displaying, posting or publishing any User Content on or through the Site, you hereby grant us a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, perform, display, reproduce and translate such Content, subject to the terms set forth hereunder and in accordance with applicable law.
4.7 We may, at our sole discretion, terminate accounts or remove User Content from the Site if we determine or suspect that those accounts or Content violate these Terms.
4.8 You agree to be held solely responsible and solely liable for anything that occurs in your account and any activity in your account, including without limitation, for any User Content being uploaded in your account.In addition to the other restrictions set forth hereunder in respect of your use of the Site, you may not:
4.8.1 harass or intimidate any other users of the Site
4.8.2 send or submit any unwanted e-mail, SPAM or comments to any of the users of the Site;
4.8.3 transmit via the Site any virus, worm, Trojan horse or any other potentially malicious code; and
4.8.4 crawl, scrape, or otherwise cache any Content from the Site, without our express prior written consent.
4.9 You agree that information and opinions presented on our Site that have been created by third parties represent solely the thoughts and opinions of the author and are neither endorsed by Nuvo, nor reflect our beliefs. You acknowledge that you may be exposed to certain Content which may violate our policies or otherwise be offensive to you.If that should happen, we strongly encourage you to cease using the Site.
4.11 In using the Site, you agree not to violate any applicable laws in your jurisdiction (including but not limited to any copyright laws).
4.12 If you use a public area within the Site (e.g., message boards, blogs, Ask Our Expert, reviews, etc.) you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the public areas. We are not responsible for the consequences of any communications in the public areas and we expressly disclaim any liability associated therewith.In addition, you agree that the following actions shall constitute a material breach of your obligations under this Section 4.11:
Using a public area for any purpose in violation of applicable local, state, national, or international laws;
Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity;
Posting advertisements or solicitations of business;
After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
Posting chain letters or pyramid schemes;
Impersonating another person;
Distributing viruses or other harmful computer code;
Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
Allowing any other person or entity to use your identification for posting or viewing comments; or
Posting the same note more than once or “spamming”.
Nuvo reserves all of its rights to: record the dialogue in public chat rooms; investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s); remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with this TOS; or terminate a user’s access to any or all public areas; monitor, edit, or disclose any communication in the Public Areas.
5. Using Third Party Services
5.1 Nuvo may provide you with links or referrals to, or contact information for, third party sites and/or services, including without limitation, health care providers, researchers, etc. The use of any third party sites and/or services is made solely at your own risk. Nuvo is not be responsible for, and does not endorse, any third party content, sites or services, including without limitation, any health care providers, products, tests, studies, procedures, services, opinions, or websites accessed or mentioned on the Site.
5.2 Some areas of our Site are supported by advertising revenue and we reserve the right to display third party advertisements and promotions. You hereby irrevocably agree that we may place such advertising and promotions on our Site or on, about, or in conjunction with your Content and/or your use of the Site. The manner, mode and extent of such advertising and promotions are subject to our sole discretion,
6.1 We reserve the right to suspend or terminate your account and/or your access and use of the Site, at our sole discretion, for any reason. If you wish to terminate your account, you may do so by notifying us at any time in writing (via email). The provisions of these Terms shall survive any termination or expiration thereof, including without limitation, the warranty disclaimers, limitation of liability and indemnity provisions.
7. No Warranty
7.1 The Site is provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, we expressly disclaim all representations and warranties, express or implied, regarding the Site, including any implied warranty of quality, availability, merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of any trade, including without limitation to the Site being free from defect or any virus, worm, Trojan horse or any other potentially malicious code. YOU HEREBY RELEASE US FROM ANY DAMAGES, CLAIMS OR OTHER CAUSE OF ACTION RELATED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SITE. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF THE SITE, OR TO THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THEREBY. THE ABOVE SHALL ALSO APPLY TO ANY INFORMATION YOU MAY RECEIVE FROM US OR THROUGH US AT ANY TIME.
7.2 The Site, as well as your Content, may become unavailable, in whole or in part, due to technical failure, maintenance and upgrade works, as well as upon our sole discretion or otherwise. We will not be held liable, under any circumstances, for the loss of any Content. You are strongly recommended to backup any of your own data and Content which you are entitled to backup.
7.3 Without derogating from the above, you hereby acknowledge and agree that in providing the operation of the Site, we may rely from time to time on services provided by third parties, including, but not limited to, data network providers, hosting services providers, clearing services provider/s, etc. Any transaction may be temporarily refused, limited, interrupted, or curtailed due to government regulations or orders, network modifications, repairs, and upgrades or banking, financial institution or other similar bodies. WE ARE NOT, AND SHALL NOT BE, OBLIGED TO PROVIDE ACCESS TO THE SITE WHERE SUCH FACTORS PREVENT IT. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, OR BUSINESS INTERRUPTIONS SUSTAINED AS A RESULT OF INTERRUPTIONS CAUSED BY DATA NETWORK PROVIDERS OR ANY OTHER THIRD-PARTY PROVIDER.
7.4 You are solely and exclusively responsible for all your communications and interactions with us or with any person or entity with whom you may communicate, interact or engage as a result of your use of the Site. You agree and confirm that we do not, and do not intend to, make any inquiries of any person or entity or verify the information any person or entity submits or provides while using the Site. You agree to take precautions in all communications and interactions with any person or entity whether made on-line or off-line.
8. Limitation of Liability
8.1 SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, WHETHER DIRECT, INDIRECT OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, AND INCLUDING FURTHER, DAMAGES WHICH MAY ARISE IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING, FOR EXAMPLE, DAMAGES RESULTING FROM LOSS OF PROFITS, DATA, EMPLOYMENT OPPORTUNITIES, FROM BUSINESS INTERRUPTIONS, OR FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE. WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY TRANSACTION OR ENGAGEMENT BETWEEN YOU AND ANY THIRD PARTY OR FOR ANY INFORMATION PROVIDED BY YOU OR ANY THIRD PARTY. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION.
8.2 YOU HEREBY EXPRESSLY AGREE THAT WE SHALL HAVE THE RIGHT, AT ANY TIME AND AT OUR SOLE DISCRETION, TO TAKE ANY ACTION TO MONITOR ANY INTERACTION OR ENGAGEMENT RESULTING FROM THE USE OF THE SITE BY YOU AND ANY THIRD PARTY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE US FROM ANY CLAIMS OR LIABILITY RELATING IN ANY WAY THERETO.
8.3 THE PROVISIONS OF THIS SECTION 8 SHALL APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.4 YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH THESE TERMS IS TO DISCONTINUE USING THE SITE. IN THE EVENT THAT A COURT HAVING JURISDICTION SHALL DETERMINE THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS WILL NOT EXCEED ONE HUNDRED US DOLLARS (U.S. $100.00).
You shall defend, indemnify, and hold harmless Nuvo, its affiliates and each of their respective affiliates’, employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including without limitation reasonable attorneys’ fees, that arise from or relate to: (i) your access, use or misuse of the Site, or (ii) your violation of these Terms or any applicable law, contract, policy, regulation or other obligation. Nuvo reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and fully cooperate with Nuvo in connection therewith.
10. Intellectual Property, Confidentiality and Security
10.1 Our Site contains Content which belongs to us and/or to any affiliate, service provider the like (“Our Content”). Our Content is protected by copyright, trademark, patent, trade secret and other laws protecting proprietary rights, and we own and retain all rights in Our Content. We hereby grant you a limited, revocable, non-sub-licensable license to reproduce and display Our Content (excluding any software code) solely for your personal use and in connection with viewing the Site, provided you fully meet these Terms and subject to our sole discretion.
10.2 You acknowledge and agree that we and our licensors (as applicable) retain sole, full and exclusive ownership of all intellectual property rights of any kind related to the Site, including copyrights, trademarks and other proprietary rights (“Intellectual Property Rights”). No license is granted hereunder to any Intellectual Property Rights. Nuvo is our trademark. Other names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you hereunder.
10.3 You hereby represent and warrant that you alone retain full and absolute title to all intellectual property rights in any copyrighted materials (including trademarks) that are contained in Content that you provide.
10.4 If you believe that your work has been used in a way that constitutes copyright infringement by users of the Site (in their capacity as such), please provide us all information pertaining thereto as soon as possible. We reserve the right, but not the obligation, to ask you for any further information that we deem appropriate.
You represent and warrant that if you are purchasing something from the Site that: (i) any credit information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
12. Securities Laws
This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information contained herein is intended to be, nor shall be deemed incorporated into any of our securities-related filings or documents.
13.1 We welcome and encourage you to provide us with feedback, comments and suggestions for improvements to the Site (“Feedback”). You may submit Feedback by email to email@example.com. You acknowledge and agree that all Feedback will be solely and exclusively our property and you hereby irrevocably assign to us all right, title, and interest that you may have in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.
14. General Terms
14.1 These Terms do not create any partnership, employment, agency or other relationship not herein specifically and explicitly agreed. There are no third-party beneficiaries of these Terms.
14.2 You may not assign your rights under these Terms, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be null and void.
14.3 Should any part of these Terms be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect.
14.5 These Terms will be governed by the laws of the State of Israel. You agree that the courts located in Tel Aviv, Israel will have exclusive jurisdiction over any dispute between you and us. However, you agree that we may seek equitable relief in any jurisdiction when appropriate.
14.6 Unless a specific agreement is signed by you and us, these Terms constitute the entire and only agreement between you and us, and supersede all prior or contemporaneous agreements, representations, warranties and understandings that relate to the subject matter hereof. In any case that a specific agreement is signed by you and we, its provisions shall supersede the provisions of these Terms.
15.Notice and Take-Down Procedures
15.1 If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting our copyright agent (identified below) and providing the following information:
15.1.1 Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
15.1.2 Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
15.1.4 A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
15.1.5 A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
15.1.6 A signature or the electronic equivalent from the copyright holder or authorized representative.
Our agent for copyright issues relating to this web site is as follows:
Nuvo Group Ltd. Attn: _________ Address
15.2 In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.