The information contained on NAVINATA
HEALTH’s Platform is for general information purposes and intended for cancer
patients and their families, loved ones and/or caregivers. The information is
provided by NAVINATA HEALTH, its Partners and by independent Healthcare
Professionals and while we endeavor to keep the information up to date and
correct, we make no representations or warranties of any kind, express or
implied, about the completeness, accuracy, reliability, suitability or
availability with respect to the Platform or the information, products,
services, or related graphics contained on the Platform for any purpose. Any
reliance you place on such information is therefore strictly at your own risk.
All content provided is on an “as is” basis & solely for educational
purposes only. Any opinions or perspectives shared during any educational
modules or expert discussions, or through any related channel have been voluntarily
shared by participating Healthcare Professionals & do not represent a
formal endorsement of any therapy(ies) or approaches
discussed, nor can they be substituted for a formal medical recommendation
regarding patient care.
In no event will we be liable for any
loss or damage including without limitation, indirect or consequential loss or
damage, or any loss or damage whatsoever arising from loss of data or profits
arising out of, or in connection with, the use of this website.
Every effort is made to keep the
Platform up and running smoothly. However, NAVINATA HEALTH takes no
responsibility for, and will not be liable for, the website being temporarily
unavailable due to technical issues beyond our control.
Your use of the Platform constitutes
your full legal acceptance of the Terms, to the same extent as if you had
physically signed an agreement with NAVINATA HEALTH.
2. Acceptance of Terms
and Subsequent Amendments
If you do not agree to
the terms, you are not authorized to use the platform. You agree that NAVINATA
HEALTH may change these terms from time to time, without notice. You will
always be able to view the most current version by clicking on the link at the
bottom of the Platform login page. Use of the Platform after such posting of
any modifications or additions shall constitute your acceptance of the new
Terms as indicated above. We therefore suggest that you review the Terms
periodically for any changes or modifications.
3. Electronic
Communications
When you send e-mails to
NAVINATA HEALTH, you are communicating with NAVINATA HEALTH electronically. You
consent to receive communications from NAVINATA HEALTH electronically and that
such communications are equivalent to those in writing. NAVINATA HEALTH may
communicate with you by e-mail (eg, to collected
general Platform feedback on an ongoing basis or to respond to your questions) or
by posting notices on the Platform. You agree that all agreements, notices,
disclosures and other communications that NAVINATA HEALTH provides to you
electronically satisfy any legal requirement that such communications be in
writing. Please note that your email address will not be linked to your user
account and that any email communication will be to obtain your general
feedback on NAVINATA HEALTH’s Platform.
4. Your Account
and Usage
If you use the Platform,
you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password.
NAVINATA HEALTH reserves the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in their sole discretion.
5. Limited
Authorization to Use Protected Material
You acknowledge and
agree that the Platform interface, information, content, and software presented
to you through the Platform or used in connection with the Platform contain
proprietary and confidential information that is protected under U.S. and
international intellectual property laws, including copyright, trademarks,
patents or other proprietary rights and laws. Except as expressly authorized by
us or any applicable third parties or partners, you agree not to sell, rewrite,
modify, redistribute, create derivative works, or rent Platform or any information
presented to you through the Platform, in whole or in part. You may not remove
any copyright notices, trademark, service mark or other proprietary rights
notices from our materials. We reserve all of our other rights not granted in
these Terms of Use. You agree not to access the Platform by any means other
than through the interface that is provided by us for use in accessing the
Platform.
The Platform contains or
references trademarks, copyrights, patents, trade secrets, logos or other
proprietary rights of NAVINATA HEALTH ("Intellectual Property"). The
Information and Intellectual Property on the Platform are the exclusive
property of NAVINATA HEALTH. Removing or altering any copyright or other legal
notice included with Information on the Platform is prohibited. NAVINATA HEALTH
also owns a copyright in the Platform as a collective work and/or compilation,
and in the selection, coordination and arrangements of the Platform's content.
Except as otherwise expressly stated herein, you are not granted any license to
use, or right in, any Intellectual Property on the Platform. Non-compliance
relating to displaying, downloading and reproduction of the Information, and
the use of the Intellectual Property displayed or otherwise made available on
the Platform, constitutes a material breach of the Terms and immediate
forfeiture of the above limited authorization.
Images of people or
places displayed on the Platform are either the property of, or used with
permission by, NAVINATA HEALTH. The use of these images by you, or anyone else
authorized by you, is prohibited unless specifically permitted by the Terms or
by specific permission provided elsewhere on the Platform or in a separate
writing signed by an authorized officer of NAVINATA HEALTH. Any unauthorized use
of the images may violate copyright laws, trademark laws, the laws of privacy
and publicity, and potentially other statutes and regulations. Descriptions of,
or references to, products, services, or publications within the Platform does
not imply endorsement of that product, service, or publication. NAVINATA HEALTH
makes no warranty of any kind with respect to the subject matter included
herein, the products listed herein, or the completeness or accuracy of the
information. The Platform could include technical inaccuracies or typographical
errors.
The Platform may also
contain or reference the intellectual property of third parties. No license or
permission is granted herein with respect to any of this information.
6. Accuracy;
Limitation of Liability and Exclusion of Warranties
NAVINATA HEALTH makes
commercially reasonable efforts to ensure that all information contained on the
Platform is accurate and up to date. Nevertheless, you must evaluate the
information and content of the Platform. Your use and browsing of the Platform
is exclusively at your own risk and the Platform is provided to you AS-IS
WITHOUT WARRANTY OF ANY KIND. NAVINATA HEALTH MAKES NO WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO THE USE OF THE PLATFORM AND THE MATERIALS CONTAINED
HEREIN. NAVINATA HEALTH DOES NOT WARRANT THAT (A) THE PLATFORM WILL BE
ERROR-FREE, UNINTERRUPTED OR SECURE, (B) DEFECTS WILL BE CORRECTED, (C) YOUR
USE OF THE PLATFORM WILL MEET YOUR REQUIREMENTS, OR (D) ANY CONTENT OR
INFORMATION ON THE PLATFORM IS CORRECT, RELIABLE, CURRENT OR COMPLETE.
NAVINATA HEALTH ALSO
EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO OR VIRUSES THAT MAY INFECT
YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS YOU ACCESS OR BROWSE THE PLATFORM.
UNDER NO CIRCUMSTANCES
SHALL NAVINATA HEALTH, ITS SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHETHER IN AN ACTION IN
CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) RESULTING FROM ITS
PERFORMANCE OR ANY FAILURE TO PERFORM UNDER THE TERMS EVEN IF NAVINATA HEALTH
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Furthermore, under no
circumstances shall NAVINATA HEALTH be liable for any damages, loss, or expense
of any kind arising out of or resulting from your use of the Platform, in whole
or in part, regardless of whether such liability is based in tort, contract, or
otherwise. in no event, including without limitation a negligent act, shall
NAVINATA HEALTH be liable to you for any direct, indirect, special, incidental,
consequential, or punitive damages (including without limitation, loss of
profits, loss or corruption of data, loss of goodwill, work stoppage, computer
failure or malfunction, or interruption of business), arising out of or in any
way related to the platforms, regardless of whether ANY NAVINATA HEALTH PARTY
has been advised of the possibility of such damages. Some jurisdictions limit
or do not allow the disclaimer of warranties or damages so the above disclaimer
may not apply to the extent such jurisdiction's law applies to these terms.