Terms of Service
Terms and Conditions
You should be aware that this Site and the Service is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
We reserve the right, in our sole discretion, to modify these Terms of Service, at any time, effective upon the date we post the new Terms of Service to the Site. Your continued use of the Service constitutes your binding acceptance of these Terms, including any changes or modifications that we may make. If any part of these Terms or any future changes to these Terms are not acceptable to you, you may stop using the Site and the Service by contacting us through our support form.
This Site Does Not Provide Medical Advice
The information contained in this Site, or provided to you via the Site in response to a request made or a question asked by you, or as a result of the completion of any test or questionnaire by you is provided for informational purposes only. Information provided by you, will not be included in your medical chart. The information should not be considered complete and does not cover all health issues. The information is not intended to be medical advice or a substitute for professional medical advice, diagnosis, or treatment. Information entered is not considered a personal health record or electronic health record. Information entered herein is not monitored by a medical provider. It is provided for informational purposes only.
Never disregard medical advice or delay in seeking medical advice or treatment as a result of something you read on this Site. Call your doctor or 911 if you think you may have a medical emergency. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You should not conclude by virtue of any recommendation made on this Site, something you have read on this Site or in the information provided in response to your inquiries or questions that you do not need to consult a health care professional nor should you rely on such information to cure an ailment or alleviate pain. The use of this website does not create a physician-patient relationship.
Reliance on any information provided on the Site by Nova Medical, Nova Medical’s employees, or others whose Content appears on the Site is solely at your own risk.
Protect your password and subscription
You agree to provide true, accurate, current and complete information about yourself as requested in the Service’s registration process and to update your information. You may not reveal your subscription password to anyone else and you may not use anyone else’s password. You are responsible for maintaining the confidentiality of your subscription account and password. Unauthorized access to the Service is a breach of these Terms of Service and a violation of law.
Your conduct on the Service
The Content on the Service is intended for your personal, noncommercial use. All content published on the Service, including, but not limited to, photographs, graphics, images, illustrations, sound clips and flash animation (the “Content”) are protected by copyright. You may not copy, modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display or in any way exploit any of the materials or Content or the Service in whole or part. You agree that you will not (i) defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others; (ii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (iii) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer; (iv) download any file posted by another user that you know or reasonably should know, cannot be legally distributed in such matter, (v) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; or (vi) restrict or inhibit any other user from using and enjoying the Site.
You agree to defend, indemnify, and hold Nova Medical, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Service.
We also reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or to any part of the Service at any time without notice for any reason whatsoever. Use of the Service is subject to existing laws and legal process, and nothing contained herein shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.
Legal Policies and Notices
We may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or Content, without prior notice or liability. We reserve the right to remove any Content that you submit to the Service for any reason without prior notice to you and without liability to us. We will not have any liability to you as a result of service outages that are caused by our maintenance on the servers or the technology that underlies the Service, failures of our service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of our facilities, an act of God, war, civil disturbance or other cause beyond our reasonable control.
We disclaim any and all responsibility or liability for the accuracy, completeness, legality, reliability, or operability or availability of information or Content. We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or Content. We disclaim any responsibility for any harm resulting from downloading or accessing any information or Content on the World Wide Web or Internet using search results from the Service. WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
IN NO EVENT SHALL Nova MEDICAL, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE Nova MEDICAL SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE Nova MEDICAL SITE, THE CONTENT, OR ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Nova MEDICAL, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE Nova MEDICAL SITE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Third party sites and Content
This Service contains links to other Internet sites that our business partners and other third parties own or operate. Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites have posted. We have no control over third party sites and we are not responsible for any changes to or content on them. Our inclusion of any Content in the Service’s search database or a link on our sites is not an endorsement of that material or link or the companies that own or operate the material or linked sites.
These Terms of Service is governed by Tennessee law, excluding Tennessee’s choice-of-law rules. The exclusive venue for any dispute relating to these Terms of Service is the federal or state courts sitting in the Middle District of Tennessee. A printed version of these Terms of Service shall be admissible in judicial or administrative proceedings. Nothing in these Terms of Service limits either party’s ability to seek equitable relief. Nova Medical shall be entitled to reasonable attorneys’ fees and costs in connection with enforcing any provision of these Terms of Service. These Terms of Service constitutes the entire agreement between you and the Parties with respect to the Service, and supersedes all previous written or oral agreements. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Service shall continue in effect. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability and that of our third party content providers and their respective agents shall be limited to the greatest extent permitted by law.