Terms of Use

Novare Website Terms of Use

Please read all of the terms of use (“TOU”) for Novare’s website located at www.novarenss.com and any other website where the TOU is posted (“Websites”), applications, and other services before using the Websites. By continuing to access, link to, or use the Services, you are agreeing to this TOU and entering into a legally binding contract with Novare. Do not access or use the Websites if you are unwilling or unable to be bound by the TOU.

 

We may from time to time modify this TOU and will post a copy of the amended TOU on this page. We encourage you to check regularly for such modifications. If you do not agree to, or cannot comply with, the TOU as amended, you must stop using the Websites or, if applicable, terminate your Novare account. You will be deemed to have accepted the TOU as amended if you continue to use any of the Websites after any amendments are posted on the Websites.

 

1. USER CONSENT TO THE TOU AND USER PARTICIPATION

 

A. Authority to Use the Websites. In order to use the Websites, you must be at least 18 years of age. You represent, warrant, and covenant that (i) you have read and understood, and that you agree to be bound by, the TOU; and (ii) you are at least 18 years old.

 

B. Registration. You may choose to register and provide certain information, including a valid email address and a password. You agree to provide accurate and truthful registration information and to update it as necessary to keep it accurate.

 

C. Audit and Monitoring. Novare reserves the right periodically to audit and monitor (physically or electronically) the use of the Websites to ensure compliance with the TOU and to maintain and improve the provision of the Websites. Notwithstanding anything to the contrary in this TOU, Novare shall have the right to use and disclose information obtained from or input by you as part of any legal process or proceeding, as required by law and as otherwise set forth in the Privacy Statement.

 

D. Use of Registration Information. You also agree that by providing Novare with your registration information, you are interested in having representatives of the Websites contact you to follow-up on your interest in the use of Websites by e-mail, phone, or through any other contact information you have chosen to provide and that such contact is with your express consent, unless revoked.

 

2. INTELLECTUAL PROPERTY

The Websites are proprietary and protected by United States copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws and treaties. The Websites are also protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Websites. You acknowledge that the Websites have been developed, compiled, prepared, revised, selected, and arranged by Novare and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Novare and such others. You agree to protect the proprietary rights of Novare and all others having rights in the Websites during and after the term of this agreement and to comply with all reasonable written requests made by Novare or its suppliers and licensors of content or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Websites. You agree to notify Novare immediately upon becoming aware of any unauthorized access or use of the Websites by any individual or entity or of any claim that the Websites infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Websites shall, as between you and Novare, at all times be and remain the sole and exclusive property of Novare. You may not use any of Novare’s trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with Novare’s consent, and you acknowledge that you have no ownership rights in or to any of such items.

 

3. LICENSE TO USE NOVARE WEBSITES

Novare grants to you a limited, non-exclusive, non-transferable license to access and use the Websites only as expressly permitted in the TOU. The Websites shall not be used for any illegal purpose or in any manner inconsistent with the provisions of the TOU. You may use data made available through the Websites solely for your personal, non-commercial use. Any violation by you of the license provisions contained in this Section 3 may result in the immediate termination of your right to use the Websites. Novare reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws.

 

4. YOUR CONTENT AND SUBMISSIONS

You are solely responsible for all content and materials that you post or submit to the Websites (“Your Content”), and acknowledge that once published, Your Content cannot always be withdrawn. When using the Websites, you shall not submit, upload, post, or otherwise make available any material that (a) is unlawful, harassing, defamatory, libelous, slanderous, offensive, obscene, hateful, pornographic, violent, insulting, threatening, sexually suggestive or explicit, abusive, misleading, deceptive, discriminatory, or racially, ethnically, or otherwise objectionable; (b) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (c) contains any commercial, promotional, or solicitation information; or (d) contains software viruses, worms, or any other harmful, invasive, or corrupted files, including but not limited to, those designed to interrupt, destroy, or limit the functionality of any computer.

 

You represent and warrant that you own or otherwise control all of the rights to Your Content; that Your Content is truthful and accurate; that Your Content does not violate the TOU and will not cause injury to any person or entity; and that you will indemnify Novare, its subsidiaries, and affiliates for all claims resulting from Your Content. You may not imply that the material you submit is in any way sponsored or endorsed by Novare. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information that makes you personally identifiable or that personally identifies any other person. Novare takes no responsibility and assumes no liability for any material, content, opinion, recommendation, or advice submitted by you or any third party. Novare has no obligation to post Your Content, and reserves the right to post its own content (including, but not limited to, photos of properties or property descriptions) instead of Your Content in its sole discretion. Novare may, but is not required to, monitor the content on its site using manual review or technical measures to screen, block, filter, edit or remove content. Novare may terminate or suspend users’ accounts or delete, edit or remove content that Novare, in its sole discretion, deems illegal, offensive, abusive, in violation of our policies, or otherwise inappropriate or unacceptable. All enforcement determinations are made in Novare’s sole discretion, and Novare will not incur any liability or responsibility if it chooses to remove or delete any content.

 

Unless Novare indicates otherwise, you grant Novare, its subsidiaries, and affiliates a nonexclusive, transferrable, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display Your Content throughout the world in any form, media, or technology now known or hereafter developed.

 

You assign Novare the right to pursue enforcement of copyright and other intellectual property claims against third parties that have, without authorization, and in violation of the TOU, scraped, copied, or distributed content from the Websites that has been provided to us by you and for which you have not granted such third parties a separate license to use.

 

5. RESTRICTIONS

Except as expressly permitted in this TOU, you shall not:

 

• Recirculate, distribute, store, transmit, publish, broadcast, copy, download, or otherwise use the Websites or any portion thereof in any form or by any means except as provided for in this TOU or with the prior written consent of Novare;

 

• Scrape, access, monitor, or copy any content or information on the Websites by accessing the Websites in an automated way, using any robot, spider, scraper, web crawler, or using any method of access other than manually accessing the publicly-available portions of the Websites through a browser or accessing the Websites through any approved API;

 

• Violate the restrictions in any robot exclusion headers of this Websites, if any, or bypass or circumvent other measures employed to prevent or limit access to the Websites;

 

• Share, recompile, decompile, disassemble, reverse engineer, or make or distribute any other form of, or any derivative work from, the Websites;

 

• Use the Websites to affect Novare’s ability to realize revenue in connection with the Websites or compete with the business of Novare or its affiliates;

 

• Use the Websites in any manner that could harm, take over, disable, overburden, or otherwise impair any of Novare’s computer systems;

 

• Interfere with any other party’s use and enjoyment of the Websites, or any of the content, information, or services provided through the Websites;

 

• Attempt to gain unauthorized access to any services, servers, or networks used by the Websites through any means;

 

• Use the Websites, the information contained therein, or any trademarks, trade names, service marks, copyrights, or logos of Novare or its affiliates, in unsolicited mailings or spam material;

 

• Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

 

• Threaten, stalk, harm, or harass others, or promote bigotry or discrimination; solicit personal information from minors, or submit or transmit pornography;

 

• Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Websites or on any materials printed or copied from the Websites; or

 

• Use the Websites to violate any laws.

 

6. DISCLAIMERS AND LIMITATIONS ON LIABILITY

YOU AGREE THAT YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION CONTAINED IN THE WEBSITES IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT NOVARE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Novare makes no representations or guarantees that the Websites are compatible with your equipment or that the Websites, or that any electronic communications sent by Novare or its affiliates, are error-free or will be free from loss, destruction, damage, corruption, attack, viruses, worms, or other harmful, invasive, or corrupted files, interference, hacking, or other security intrusion, and Novare disclaims any liability relating thereto. You have the responsibility for maintaining the confidentiality and security of your account registration information. You agree to notify us immediately of any unauthorized use of such information. Novare will not be responsible for any losses arising out of the unauthorized use of such information.

 

Novare makes no guarantees, representations, or warranties that the Websites or information available through the Websites will be accurate, reliable, complete, current, uninterrupted, or without errors. Some of the content, services, and information available through the Websites may include materials that belong to third parties. You acknowledge and agree that Novare assumes no responsibility for such content, services, or information. Without prior notice, Novare may modify, suspend, or discontinue the Websites or your use of the Websites. If Novare elects to modify, suspend, or discontinue the services, it will not be liable to you. The content of other websites, services, goods, or advertisements that may be linked to or from the Websites is not maintained or controlled by Novare. Novare is therefore not responsible for the availability, content, or accuracy of other websites, services, or goods that may be linked to or from the Websites. Novare does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Websites; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, or goods, that may be linked to or from the Websites; or (c) make any endorsement, express or implied, of any other websites, services, or goods, that may be linked to or from the Websites.

 

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL NOVARE AND ITS AFFILIATES AND SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF NOVARE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICES OR ANY LINKS OR ITEMS ON THE SERVICES OR ANY PROVISION OF THE TOU. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU. NOTHWITHSTANDING ANYTHING TO THE CONTRARY IN THE TOU, TO THE EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF NOVARE AND ITS AFFILAITES ARISING IN CONNECTION WITH THE TOU AND THE SERVICES FOR DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SERVICES.

 

7. INDEMNITY

You agree to indemnify, defend, and hold Novare and its affiliates harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to: (i) your access to or use of the Websites; (ii) your breach of the TOU, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or (iii) any products or services purchased or obtained by you in connection with the Websites. Novare reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which Novare is named as a defendant and/or for which you have indemnity obligations without the prior written consent of Novare. Novare will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

8. PRIVACY STATEMENT

You consent to our collection, use, disclosure and other handling of your information as set forth in the Privacy Statement.

 

9. TERMINATION

A. You may terminate this TOU with or without cause at any time by discontinuing your use of the Websites. B. Novare may close your account, suspend your ability to use certain portions of the Websites, and/or terminate your access to the Websites, in our sole discretion, at any time without notice and effective immediately. Novare may also request that you delete, destroy, or cease accessing certain content or information made available through the Websites at any time in Novare’s sole discretion. C. In the event of any termination, whether by you or us, Sections 1(A), 1(C), 2-8, 9(B), 10, and 12-13 of these TOU will survive and continue in full force and effect.

 

10. GOVERNING LAW

This TOU will be governed by the laws of the State of California. The exclusive jurisdiction for any claim, action or dispute with Novare or relating in any way to your use of the Websites will be in the state and federal courts of the State of California and the venue for the adjudication or disposition of any such claim, action or dispute will be in the County of San Mateo, California.

 

11. LINKING AND FRAMING You may not frame the Websites. You may link to the Websites, provided that you acknowledge and agree that you will not link the Websites to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in Novare’s or any of its affiliate’s discretion, result in termination of your use of and access to the Websites.

 

12. BLOCKING OF IP ADDRESSES

In order to protect the integrity of the Websites, Novare reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing and using the Websites.

 

13. GENERAL TERMS

A. Force Majeure. No party shall be liable to the other for any default resulting from force majeure, which shall be deemed to include any circumstances beyond the reasonable control of the party or parties affected.

 

B. Notices and Electronic Communications. We may provide you with notices, including those regarding changes to the TOU by email, regular mail, or communications though the Websites. When you use the Websites and when you communicate with us electronically, you consent to receive communications from us electronically. You agree that all notices, disclosures, and other communications that Novare provides to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.

 

C. Remedies. If you breach or threaten to breach any provision of this TOU, in addition to terminating your right to use the Websites, Novare shall be entitled to seek injunctive relief to enforce the provisions hereof, but nothing herein shall preclude Novare from pursuing any action or other remedy for breach or threatened breach of these TOU, all of which shall be cumulative. If Novare prevails in such action, Novare shall be entitled to recover from you all reasonable costs, expenses, and attorneys’ fees incurred in connection therewith. Novare retains the right temporarily or permanently to block access to the Websites if Novare, in its sole discretion, believes the Websites have been or may be used for an improper purposes or in violation of these TOU.

 

D. Third Party Links. The Websites may include links to third party websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.

 

E. United States Export Control & Foreign Assets Control Regulations. Novare does not represent that the materials in the Websites are appropriate or available for use in any particular location. Those who choose to access the Websites do so on their own initiative and are responsible for compliance with all applicable laws. You represent and warrant that you are not (a) located in or a national or resident of any country that is subject to U.S. trade sanctions, or (b) a person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or acting on behalf of any person or entity on such list.

 

F. Miscellaneous. You acknowledge that this TOU, any other policies or terms incorporated herein, either in their entirety or by explicit reference, and any other terms and conditions on the Websites, constitute the entire agreement between you and Novare and govern your use of the Websites. If any provision of the TOU is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible by law, and the other provisions of the TOU will remain in force. Novare’s failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision unless acknowledged and agreed by Novare in writing. You agree that Novare has the right to change the content or technical specifications of any aspect of the Websites at any time in Novare’s sole discretion. You further agree that such changes may result in your being unable to access the Websites. You may not assign the TOU or the rights hereunder without the prior written consent of Novare. Novare may assign the TOU and delegate certain of its responsibilities, obligations, and duties under or in connection with the TOU in its sole discretion.

 

. INQUIRIES REGARDING THE SERVICES

For inquiries regarding the Websites, you should contact Novare at customerservice@novarenss.com or 1-888-373-8990.

 

Effective Date: August 29, 2013

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