Conditions of Use
Terms and Conditions of
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.
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
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.
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.
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.
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.
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.
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.
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.
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
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.