© 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.
You understand and acknowledge that your use of the Site and Services is also governed by the NOVARI HEALTH Privacy & Information Practices Policy which you have read and understand, and to which you agree. You consent to the collection, use and disclosure of your personal information by us and/or third parties in accordance with the terms of and for the purposes set forth in our Privacy Policy. In addition, you also agree that your use of the Site and Services will also be subject to such other policies and procedures as may be conveyed to you by us from time to time, including via the Site or the Services.
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.
For any content that you submit on the Site or through any social media platform, you grant NOVARI HEALTH a, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit on or through the Site (or any social media platform) may be used at NOVARI HEALTH’s sole discretion. NOVARI HEALTH reserves the right to change, condense or delete any content on the Site (or any social media platform) that NOVARI HEALTH deems, in its sole discretion, to violate any provision of these Terms. NOVARI HEALTH reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not NOVARI HEALTH, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of NOVARI HEALTH, its agents, subsidiaries, affiliates, partners, or third party service providers and their respective directors, officers and employees.
By submitting content to the Site or through social media, you represent and warrant that you are the sole author and owner of the intellectual property rights in the content and that you waive all moral rights in such content. You must not submit, publish or otherwise disseminate to NOVARI HEALTH or through the Site (or a social media platform) anything which: (a) defames, libels or invades the privacy of any person; (b) is obscene, pornographic, abusive or threatening; (c) infringes on any intellectual property or other rights of any person or entity; (d) has contaminating or destructive properties (i.e. software viruses); (e) violates any law; (f) advocates or describes any illegal activity; or (g) advertises or solicits funds for goods or services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. We may enforce our rights to the fullest extent of the law should you breach any of these terms and conditions.
The Site may contain links to other web sites. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by NOVARI HEALTH of the linked web site or information contained therein. Your use of such sites and your dealings with the owners or operators thereof are at your own risk.
The Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior or any notice to you.
The Site, the Materials and the Services are provided “as is”, “where is”, “as available”, without representations or warranties of any kind by NOVARI HEALTH. TO THE FULL EXTENT PERMITTED BY LAW, NOVARI HEALTH AND ALL DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF NOVARI HEALTH DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, THE SERVICES, AND THE MATERIALS WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE. Without limiting the foregoing, we do not represent or warrant that the Site, the Services or the Materials are accurate, complete, reliable, useful, timely or current or that the Site will operate without interruption or error. We assume no responsibility, and are not liable for, any damages to your computer equipment, data or other property on account of your access to, use of, or browsing on the Site, or inability to do any of the foregoing.
Your use of the Site, the Services and Materials is undertaken at your own risk. Under no circumstances will NOVARI HEALTH or any directors, officers, employees, agents, contractors and suppliers of NOVARI HEALTH, be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the Site, the Services and the Materials, your reliance on the Site, the Services, and the Materials, or any consequences flowing therefrom. NOVARI HEALTH is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS OR FAILURE TO REALIZE ANTICIPATED BENEFITS), WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
If you are dissatisfied with the Site, the Services or the Materials or with this Agreement, your sole and exclusive remedy is to discontinue using the Site, the Services, or the Materials, as applicable.
You agree to indemnify and save harmless NOVARI HEALTH and all directors, officers, employees, agents, contractors and suppliers of NOVARI HEALTH (in this section, “we” and “us”) from and against any claim, cause of action, demand, cost, loss, expense or liability (including without limitation reasonable professional fees) brought against or suffered or incurred by us as a result of your use of the Site, the Services or the Materials or your breach of this Agreement. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action relating to or arising from any services offered by us that is: (a) initiated by you, which is unsuccessful; or (b) initiated by a third party, who is suing you; you will reimburse us at a reasonable rate for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response. This defence and indemnification obligation will survive termination of this Agreement and your cessation of use of the Site and the Services.
You agree to indemnify and save harmless NOVARI HEALTH and all directors, officers, employees, agents, contractors and suppliers of NOVARI HEALTH (in this section, “we” and “us”) from and against any claim, cause of action, demand, cost, loss, expense or liability (including without limitation reasonable professional fees) brought against or suffered or incurred by us as a result of your use of the Site, the Services or the Materials or your breach of this Agreement. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action relating to or arising from any services offered by us that is: (a) initiated by you, which is unsuccessful; or (b) initiated by a third party, who is suing you; you will reimburse us at a reasonable rate for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response. This defence and indemnification obligation will survive termination of this Agreement and your cessation of use of the Site and the Services.
The terms of this Agreement are severable. If any provision of this Agreement is determined to be unenforceable or invalid, then such provision will be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions. No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
The provisions of Sections 1, 2, 4, 5, and 6 and Sections 7-13 will survive termination of the Agreement, howsoever occasioned.
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.
© 2021 Novari Health. Terms of Use Site Map