TERMS AND CONDITIONS
Last Modified: April 4, 2024
THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES
These Terms and Conditions (as revised from time to time, the “Terms“) govern access to and use of the website located at https://www.navvishealthcare.com (including content, features, services and functionality of the website; collectively, the “Site”), and are a binding contract between Navvis & Company, LLC (“Navvis”, “us”, “our”, and “we”) and the person or entity accessing or using this Site (“user”, “you”, or “your”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with those features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
THESE TERMS SET FORTH THE LEGALLY BINDING AGREEMENT THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT IN RELATION TO USE OF THE SITE), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.
PLEASE BE AWARE THAT SECTION 11 OF THESE TERMS CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND NAVVIS. AMONG OTHER THINGS, SECTION 11 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND NAVVIS SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 11 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 11 CAREFULLY.
The information contained and accessed on this Site is provided by Navvis for general guidance and is intended to offer the user general information of interest. The information provided is not an attempt to practice medicine or provide specific medical advice, and does not replace or serve as substitute for direct care, or any professional advice, consultation or service, from a qualified provider.
Subject to these Terms, Navvis grants you a non-transferable, non-exclusive, revocable, limited permission to use and access the Site solely for your own personal, noncommercial use.
Navvis reserves the right, at any time and without liability to you or any third party, to modify any of these Terms or to modify, suspend, or discontinue the Site (in whole or in part) with or without prior notice and without liability to you.
All changes to these Terms are effective immediately when we post them. Your continued use of the Site after we post revised Terms means that you accept and agree to the changes. You should check this page each time you access this Site so you are aware of any changes, as they are binding on you.
You are responsible for making all arrangements necessary for you to have access to the Site. Navvis has no obligation to provide you with any support or maintenance in connection with the Site. You are also responsible to ensure that all persons who access the Site through your internet connection are aware of these Terms and comply with them.
The permissions or rights granted to you in these Terms are subject to the restrictions and conditions in these Terms.
You agree that (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
You agree not to use the Site to collect, upload, transmit, display, or distribute any content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable, (c) that is harmful to minors in any way, or (d) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (a) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (f) harass or interfere with any other user’s use and enjoyment of the Site; or (g) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
We reserve the right (but have no obligation) to review, refuse and/or remove any content in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion if you violate any provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying content, terminating your access to the Site, and/or reporting you to law enforcement authorities.
Navvis respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights.
Navvis recognizes that the privacy of your personal information is important. Please refer to our Privacy Policy for information about our policies and practices regarding the collection, use, and disclosure of personal information the Site collects or receives.
The Site and all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof in the Site are owned by Navvis, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Neither these Terms (nor your access to or use of the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited permission to use the Site as provided in these Terms. Navvis and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
You must not:
Users may print or distribute content from this Site (e.g., via link on a social network) provided that:
Without limiting anything in these Terms, the following web link activities are explicitly prohibited by Navvis and may infringe on trademark and copyright rights:
If you provide or communicate any suggestion, enhancement request, recommendation, correction or other feedback relating to the Site (“Feedback”), you hereby assign to Navvis all rights in such Feedback and agree that Navvis shall have the right to use and fully exploit such Feedback and related information in any manner Navvis deems appropriate. Navvis will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to Navvis any information or ideas that you consider to be confidential or proprietary.
The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Materials”). Third Party Materials are not under Navvis’ control, and we are not responsible for any Third Party Materials. Navvis provides access to Third Party Materials only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to any Third Party Materials. You use all Third Party Materials at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third Party Materials, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Materials.
Certain third parties may provide endorsements of Navvis, its products or services on this Site. Such third parties may be independent, or may have a business relationship with Navvis through equity ownership, contract or otherwise. For example, Navvis is associated with American Multispecialty Group, Inc. d/b/a Esse Health (which has provided an endorsement of Navvis on this Site) through Surround Care, LLC, Navvis’ parent company.
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND NAVVIS (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THIS DISCLAIMER IS EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
WITHOUT LIMITING THE FOREGOING, WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY NAVVIS PARTY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF NAVVIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE NAVVIS PARTIES’ COLLECTIVE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold Navvis (and its managers, members, officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your content. We reserve 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 without our prior written consent. Navvis will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
These Terms will remain in full force and effect whenever you use the Site. We may suspend or terminate your rights to use the Site, with or without notice, at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your permission to access and use the Site will terminate immediately, and Navvis will not have any liability whatsoever to you for any such termination.
Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination of the Terms shall remain in full force and effect after such termination.
You and Navvis agree that you and Navvis may bring claims against the other (and any other Navvis Party) only on an individual basis and not on a class, representative, or collective basis. You and the Navvis Parties hereby waive all rights to have any Dispute be brought, heard, administered, resolved, or arbitrated on a class, collective, representative, or mass action basis, whether in arbitration or otherwise. Only individual relief is available, and Disputes of or involving more than one user cannot be arbitrated or consolidated with those of any other user. The arbitrator may order or award equitable or legal relief and remedies only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim.
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Navvis, or any products utilizing such data, in violation of the United States export laws or regulations.
Navvis is located at the address in Section 18. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
The communications between you and Navvis use electronic means, whether you use the Site or send us emails, or whether Navvis posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Navvis in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Navvis provides to you electronically (including by posting on this Site) satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. You agree that if we send you notice via email to the email address you have provided, we are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. The foregoing does not affect your non-waivable rights.
These Terms constitute the entire agreement between you and Navvis regarding the use of the Site and other matters covered by the Terms, and supersede any prior agreements, representations or other obligations (whether written or oral) between you and Navvis with respect to the Site and those subjects.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” or “include” will be deemed to be followed by “without limitation”.
If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Your relationship to Navvis is that of an independent contractor, and neither party is an agent or partner of the other.
These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Navvis’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Navvis may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon successors and permitted assignees.
Copyright © 2024 Navvis & Company, LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
You may contact us at the following address:
Navvis & Company, LLC 555 Maryville University Drive, Suite 240 Saint Louis, MO 63141 Attention: General Counsel
