Terms and Conditions of Use

Terms and Conditions of Use

This web site (the “Site”), is owned by Navicure, Inc. (“Navicure”). Use of this Site is subject to these Terms and Conditions of Use. Navicure reserves the right to update or modify these Terms and Conditions, at any time and without prior notice, by posting the revised version on this Site. These changes will be effective as of the date the revised version is posted on this Site. Your use of this Site following any such change constitutes your agreement to be bound by the revised Terms and Conditions. Users may be asked to indicate acceptance of special terms and conditions before accessing certain areas of the Site. Any such terms and conditions to which a user agrees, by clicking a box or otherwise, will be added to these Terms and Conditions.

Proprietary Rights

Navicure’s name and logos and all related product and service names, designs, design marks and slogans are the trademarks or service marks of Navicure. You are not authorized to use any such trademark or service mark in any manner without the prior written consent of Navicure. This Site contains material that is protected by copyright and trademark laws. No such material may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the prior written consent of Navicure or the applicable rights holder. All rights reserved.

Third-Party Links and Content

Navicure may link to web sites maintained by third parties. Unless expressly stated otherwise, those third-party sites are not affiliated with Navicure. Navicure makes no endorsements, representations or warranties regarding the content or accuracy of any such third-party site and disclaims any liability for damages associated therewith, including, without limitation, damages related to products or services available from such third-party sites, or damages related to using such third-party links. All links to this Site from a third-party site are subject to approval by Navicure, and Navicure may withhold such approval in its sole discretion. This Site may from time to time contain material from third parties, including but not limited to advertisements or postings in online community discussions. You agree that Navicure shall not have any liability whatsoever for any such third-party material.

Navicure does not recommend or endorse the services of entities listed on this Site. The information on these pages has been supplied by the parties listed. Search results may be provided in accordance with a proprietary algorithm that may be based, in part, on the length and/or size of the business relationship between Navicure and the listed party. If a listed party has paid a separate fee to ensure placement in the search results, the results will be labeled accordingly.

User Agreement

Users shall not, and agree not to: (i) submit, upload or transmit any communications or content of any type that infringes or violates any rights of any party, including privacy rights; (ii) use this Site for any purpose in violation of applicable law or these Terms and Conditions; (iii) disrupt or interfere with the security of, or otherwise abuse, the Site; (iv) use this Site to distribute advertising or other unsolicited material, or for any unpermitted commercial purpose; (v) post material that is unlawful, obscene, defamatory, threatening, abusive, slanderous or embarrassing to any other person or entity; or (vi) use or attempt to use another's account, service or system or create or use a false identity on this Site impersonate another person. Users are solely responsible for actions and communications taken with respect to or under such user’s account. User warrants that it is authorized to provide all information submitted to or on this Site, and that such information shall be true and accurate in all respects. User shall ensure that all source documents, including medical records and authorizations, will be obtained and retained according to applicable law. Users shall provide and/or execute all supporting documents reasonably requested by Navicure and shall comply with any procedures which Navicure or applicable law may require for Navicure services. Navicure has the right, but not the obligation, to audit information submitted. Users shall comply with all applicable laws and regulations, including but not limited to United States export restrictions.

User Content

Users may be permitted to post, submit, or display User Content (as hereinafter defined) to this website or to Navicure. “User Content” means any information, messages, suggestions, questions, comments, postings, advertisements, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audio visual material, photographs and pictures (including pictures of the user and other representations of the user’s name and likeness), digital images, embedded images and other items or property depicted in the submitted images, or other content in any form submitted by a user of a Navicure website.

By submitting User Content, you grant Navicure an unrestricted, transferable and sub-licensable, irrevocable, royalty-free, world-wide, and perpetual license to reproduce, distribute, publicly display, make derivative works of, and otherwise use the User Content for any commercial purpose, including without limitation in any media whatsoever. You hereby disclaim any right to any compensation from Navicure with respect thereto. You acknowledge and agree that Navicure shall not be liable for any use or disclosure of any User Content. By submitting the User Content, you represent and warrant that: (a) you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever; and/or (b) you have obtained all requisite releases, including likeness releases and automobile owner releases, from all persons whose likeness or automobile is featured or depicted in the User Content.

Navicure reserves the right to review and/or accept any User Content and remove, redact, or otherwise modify such User Content, in its sole discretion, without notice or further obligation. Navicure reserves the right to disclose any information or User Content that it deems necessary to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request.

Enforcement Actions

Navicure may take any action, including termination/suspension of services and/or access to the Site, which it deems necessary to ensure compliance with applicable laws and these Terms and Conditions. Navicure reserves the right to remove material that violates these Terms and Conditions. These actions are in addition to and not in lieu or limitation of any other right or remedy of Navicure. Navicure shall not be liable to a user or any third party for any such termination or suspension.

Disclaimer

THIS SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." NAVICURE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NAVICURE DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. NAVICURE MAKES NO WARRANTY OR REPRESENTATION CONCERNING THE ACCURACY, COMPLETENESS, USEFULNESS, OR SUFFICIENCY OF THE SITE OR ITS CONTENTS. Navicure shall not be liable for the delay, failure or corruption of any data. Navicure reserves the right to (a) modify any service or the manner in which it is delivered, as it deems appropriate, and (b) withdraw any service upon notice thereof.

Indemnification

Each user shall indemnify and hold Navicure harmless from any and all claims, costs and damages (including reasonable attorneys' fees and costs) that result from the user’s acts or omissions, or that are in any way related to the user’s use of this Site, the services of any listed third party or failure to comply with these Terms and Conditions.

Limitation of Liability

UNDER NO CIRCUMSTANCES, OR UNDER ANY THEORY OF RECOVERY, SHALL NAVICURE OR ITS AFFILIATES, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM THE USE OF SERVICES PROVIDED BY ANY THIRD PARTY LISTED ON THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA OR OTHER INFORMATION, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, INCOME OR PROFITS, EVEN IF NAVCURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Other Terms

If any provision of these Terms and Conditions is determined to be for any reason unenforceable, then that provision shall be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. All waivers must be in writing and signed by the party to be bound. Any claim arising out of or related to the use of the Site must be filed within one year after it arose or be permanently barred. Navicure may assign its rights and/or obligations hereunder at any time. For U.S. Government Users: The Site and services provided by Navicure are "commercial items" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202, all U.S. Government users and licensees acquire the Site, services and documentation with only those rights and subject to the restrictions provided herein and in any applicable license agreement.

Notification

Please notify Navicure immediately if you have reason to believe any of the materials published on this Site infringe the copyright or other intellectual property or privacy rights of others. Please include your contact information so that Navicure may investigate your allegation. Navicure reserves the right at all times to disclose information, including user names and information, when Navicure believes that such disclosure is appropriate to comply with the law (or a court order or subpoena); to prevent or investigate a possible crime or other violation of law; to enforce these Terms and Conditions, or to protect the user’s rights, property or safety or the rights, property or safety of others, including Navicure.

Governing Law

These Terms and Conditions shall be construed solely in accordance with the laws of the State of Georgia, without reference to its principles regarding conflicts of laws. Any action, proceeding or suit concerning or relating to these Terms and Conditions or this Site may only be brought in a court of competent jurisdiction in Gwinnett County, Georgia, or in the U.S. District Court located in Atlanta, Georgia, and each party hereby consents to the exclusive personal jurisdiction and venue of such court and waives any objections thereto.

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