© 2021 Novari Health. Terms of Use Site Map
These Terms of Use (the “Terms”), together with the other documents referenced and linked below (collectively, the “Agreement”), describe your rights and responsibilities as a user (“User”) of the NOVARI HEALTH site (“Site”) and related services (the “Services”) offered by NOVARI HEALTH Inc. through the Site.
Your use of the Services, including through a visit of to the Site, constitutes your acceptance of this agreement. Therefore, please take the time to review the terms carefully.
If you do not agree with some or all of these terms, do not access or use the SITE.
The Site is provided for general information only. Although NOVARI HEALTH uses reasonable commercial efforts to ensure that the information contained on the Site is accurate, NOVARI HEALTH does not warrant or make any representation regarding the accuracy or completeness of any information or data provided on the Site.
Your use of the Site involves the collection and use of certain information as described in these Terms. By accessing or using the Site, you consent to the collection, use, and disclosure of information in accordance with these Terms for purposes related to the functionality of the Site and the improvement of your experience.
When you visit the Site, we may collect information such as your IP address, browser type, device type, operating system, and pages visited. This information is used to analyze website performance, improve functionality, and personalise content. We may also use cookies or similar technologies to track your preferences and enhance your browsing experience. You can control the use of cookies through your browser settings, although disabling cookies may impact your ability to use certain features of the Site.
If you choose to provide personal information (e.g., by completing a contact form or subscribing to updates), we will use that information solely for the purpose for which it was provided, such as responding to inquiries or delivering updates.
We may share collected information with third-party service providers to support website operations, such as hosting, analytics, or security. These third parties are obligated to protect your information under strict confidentiality and data protection agreements.
We will not sell or disclose your personal information to third parties for marketing purposes without your explicit consent. However, we may disclose information to comply with legal obligations or to protect the integrity and security of the Site.
You may request access to, correction of, or deletion of your personal information at any time by contacting us. Please note that some information may be retained to comply with legal requirements or for legitimate business purposes.
For inquiries or concerns about how your information is collected, used, or protected, please contact us at privacy@novarihealth.com.
These Terms also incorporate any additional policies or procedures communicated to you through the Site, which may govern specific features or interactions. Such policies form part of this Agreement and should be reviewed alongside these Terms.
These Terms provide only a limited license to access and use the Site. Accordingly, NOVARI HEALTH does not transfer any ownership or intellectual property interest or title in and to the Site to you or anyone else in connection with your use of the Site. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as NOVARI HEALTH as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site (collectively, the “Materials”) are exclusively owned, controlled, or licensed by NOVARI HEALTH. NOVARI HEALTH, and all other names, logos, marks, and icons identifying NOVARI HEALTH and its products, or services are owned exclusively by NOVARI HEALTH, and any use of such marks without the prior express written permission of NOVARI HEALTH is hereby expressly prohibited. Other trademarks or service marks identified on or through the Site may be the trademarks or service marks of third parties. No part of the Services will be construed as granting any license or right to use any trademarks (whether by implication or otherwise), including our trademarks, except with our express written permission or such other party that may be the owner thereof. The Materials may be protected under copyright, trademark and other laws of Canada and other countries, and NOVARI HEALTH owns all copyright in the selection, co-ordination, arrangement and enhancement of the Materials. Any use of any of the Materials (whether in whole or in part) is strictly prohibited, except only and to the limited extent expressly permitted above.
This Agreement, together with those documents incorporated or referred to herein, constitute the entire agreement between you and us relating to your use of the Site, the Services, and the Materials, and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and cannot be amended or modified except by our express and explicit agreement to modify this Agreement in writing, or by us making such amendments or modifications available to you pursuant to a modification of this Agreement as permitted herein. In the event of a conflict between the provisions of the Terms and the provisions of any other document or agreement incorporated or referenced herein, these Terms will govern to the extent of the inconsistency. We reserve the right to unilaterally update or modify (each, a “change”) this Agreement at any time and from time to time. We will notify you of any changes to this Agreement by posting notice of such changes on the Site. You agree that we have this right, and that your continued use of the Site following notice of such change means that you agree to and accept the amendments.
Questions about the Site, or regarding your rights and responsibilities under this Agreement, can be directed news@novarihealth.com.
5.1 Application of this Section. This section applies to your use of the Application only.
5.2 No Warranties, etc. As between you and Novari, the Application, including the Clinical Content, is provided on an “as is” basis in its present state and condition. No warranty, representation, guarantee, condition, undertaking or term, express or implied, statutory or otherwise, as to the condition, quality, durability, accuracy, completeness, performance, non-infringement of third party rights, merchantability, quiet enjoyment, or fitness for a particular purpose or use of the Application or Clinical Content is given or assumed by Novari and all such warranties, representations, conditions, undertakings and terms are hereby excluded to the fullest extent permitted by law, as are any warranties arising from course of dealing or usage. Novari does not warrant that defects in the Application, including the Clinical Content will be corrected. No oral or written information or advice given by Novari or any Novari representative or reseller shall create a warranty. Novari does not warrant that the Application, including the Clinical Content, will yield any particular business, financial or medical result.
5.3 Limitation of Liability.
(a) Total Damages. Novari’s total cumulative liability to you under, in connection with, or related to the Application, the License and these Terms of Use will be limited to One Canadian Dollar ($1), whether based on breach of contract, warranty, tort, product liability, or otherwise.
(b) Exclusion of Damages. In no event will Novari be liable to you under, in connection with, or related to the Application, the License or these Terms of Use for any special, incidental, indirect, or consequential damages, including, but not limited to, lost profits or loss of goodwill, whether based on breach of contract, warranty, tort, product liability, or otherwise, and whether or not Novari has been advised of the possibility of such damage.
6.1 Term. The term of the License shall commence when you first access the Application and only be terminated in accordance with these Terms of Use.
6.2 Termination for Cause. Novari may terminate the License immediately upon notice to you if you breach these Terms of Use. Novari shall further have the right to suspend the License, in its sole discretion, if Novari suspects or otherwise has grounds to believe that you are not complying with these Terms of Use or any other policies or terms that Novari may implement, from time to time, with respect to the Application.
7.1 Notices. Novari will send notices to you through the Application, using the email address affiliated with your account, or by registered mail. Notices sent by registered mail will be deemed received five (5) days following the date of mailing. Any notice that you wish to send to us must be sent by registered mail to:
Novari Health Inc.
Suite 401, 1473 John Counter Boulevard
Kingston, Ontario
K7M 8Z6
Re: End User Inquiries
7.2 Dispute Resolution. These Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable in Ontario. The exclusive forum for the resolution of any and all disputes arising out of or in connection with the Application or these Terms of Use shall be a court of appropriate jurisdiction located in the City of Kingston in the Province of Ontario. You hereby waive any right that you might otherwise have to object to such venue or seek dismissal of any action or proceedings on the basis of forum non-conveniens. Notwithstanding the foregoing, if Novari seeks injunctive proceedings to preserve confidentiality obligations or Intellectual Property Rights, then it is entitled to seek relief before the competent court or authority of any jurisdiction.
7.3 Amendment. Novari reserves the right to amend these Terms of Use at any time and from time to time upon notice to you. Your use of the Application following delivery of such notice will signify your assent to and acceptance of the revised terms.
7.4 No Waiver. The failure of Novari to enforce at any time any of the provisions of these Terms of Use, or to require at any time the performance by you of any of the provisions of these Terms of Use, shall not be construed to be a waiver of such provisions, nor in any way affect the validity of these Terms of Use or any part thereof, or the right of Novari thereafter to enforce any such provision.
7.5 No Third-Party beneficiaries. Nothing in these Terms of Use shall be construed as creating or giving rise to any rights for any third parties or any persons other than you.
7.6 Severability. If any one or more of the provisions of these Terms of Use shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions of these Terms of Use shall not in any way be affected or impaired thereby.
7.7 Assignment. You shall not assign or otherwise transfer any of your rights, or delegate or otherwise transfer any of your obligations or performance, in respect of the License or these Terms of Use without Novari’s prior written consent, which may be withheld at its sole discretion. Novari may assign the License, in whole or in part, and/or its rights and obligations in respect of these Terms of Use to any party, upon notice to you. These Terms of Use are binding upon and enure to the benefit of each of you and Novari and your respective permitted successors and assigns.
7.8 Entire Agreement. These Terms of Use, and all other documents that are incorporated by reference into these Terms of Use, constitute the entire agreement between you and Novari with respect to the subject matter contained herein and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
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© 2021 Novari Health. Terms of Use Site Map