Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. These Terms of Use describe rules for visitors to this Nova Biomedical, Inc. ("Nova Biomedical") web site. This web site ("Site") is owned and operated by Nova Biomedical. Your access to Nova Biomedical.com is subject to the following Terms and Conditions, which may be updated by us from time to time without notice to you. We may change these Terms of Use at any time. Please review the Terms of Use each time you visit the Site. By using this Site, it means you accept the most recent version of the Terms of Use. If you disagree with these Terms and Conditions (as they may be amended from time to time), or are dissatisfied with this Site, your sole and exclusive remedy is to discontinue using this Site.

DISCLAIMER. THE INFORMATION ON THIS SITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Nova Biomedical MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION CONTAINED ON THIS SITE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to you. You may have other rights from jurisdiction to jurisdiction.

EXCLUSION OF DAMAGES. IN NO EVENT SHALL Nova Biomedical BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT), EXEMPLARY, PUNITIVE, CONSEQUENTIAL (INCLUDING PERSONAL INJURY/WRONGFUL DEATH) OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS INTERNET SITE AND/OR THE INFORMAITON OR CONTENT POSTED ON THIS WEB SITE, REGARDLESS OF WHETHER Nova Biomedical HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to you. You may have other rights from jurisdiction to jurisdiction.

YOUR USE. You understand, acknowledge and agree to the following:

  1. By using this Site, you agree not to disrupt or intercept our electronic information posted on this Site or any of our servers. You also agree not to attempt to circumvent any security features of our Site, and to abide by all applicable local, state, federal and international laws, rules and regulations.
  2. You grant Nova Biomedical the right to use all content you upload or otherwise transmit to this Site, subject to these Terms and Conditions and Nova Biomedical's Privacy Policy in any manner Nova Biomedical chooses, including, but not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
  3. Except as expressly stated and agreed upon in advance by Nova Biomedical, no confidential relationship shall be established in the event that any user of this Site should make any oral, written or electronic communication to Nova Biomedical. If any Nova Biomedical site requires or requests that such information be provided, and that such information contains personal identifying information (e.g. name, address, phone number, etc.), Nova Biomedical shall be use and maintain it in a manner consistent with our Privacy Policy.
USE AND DISCLOSURE. Except as otherwise stated, we may use your information to improve the content of our site, to customize the site to your preferences, to communicate information to you (if you have requested it), for our marketing and research purposes, and for the purposes specified in our Privacy Policy.
If you provide personally identifiable information to this site, we may combine such information with other actively collected information unless we specify otherwise at the point of collection. We will take reasonable measures to prevent personally identifiable information from being combined with passively collected information, unless you consent otherwise.
We may disclose your personally identifiable information to other Nova Biomedical affiliates worldwide that agree to treat it in accordance with our Privacy Policy. In addition, we may disclose your personally identifiable information to third parties, located in the United States and/or any other country, but only
  1. to contractors we use to support our business (e.g., fulfillment services, technical support, delivery services, and financial institutions), in which case we will require such third parties to agree to treat it in accordance with our Privacy Policy;
  2. in connection with the sale, assignment, or other transfer of the business of this site to which the information relates, in which case we will require any such buyer to agree to treat it in accordance with our Privacy Policy; or
  3. where required by applicable laws, court orders, or government regulations.
In addition, we will make full use of all information acquired through this site that is not in personally identifiable form. INTELLECTUAL PROPERTY. The materials on this web site ("Information") are the sole property of Nova Biomedical, except for information provided by third-party providers under contract to Nova Biomedical. Permission to use the Information is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this Site are used separate from accompanying text. Nova Biomedical is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of Nova Biomedical.

LINKS TO OTHER WEB SITES. This Site may contain links to web sites not operated by Nova Biomedical. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other web sites. These web sites may contain information about uses of Nova Biomedical products or therapies that have not been approved in the United States. We do not control or endorse this type of information. Your use of other web sites is subject to the terms of use of those web sites, including the privacy policies of those web sites.

MEDICAL DISCLAIMERS. Nova Biomedical DOES NOT GIVE MEDICAL ADVICE, NOR DO WE PROVIDE MEDICAL OR DIAGNOSITC SERVICES. The materials on this Site are for your general educational information only. Information you read on this Site cannot replace the relationship that you have with your health care professional. Nova Biomedical does not practice medicine or provide medical services or advice and the information on this web site should not be considered medical advice. You should always talk to your health care professional for diagnosis and treatment. Your reliance upon content obtained by you at or through this Site is solely at your own risk.

Health information changes quickly. Therefore, it is always best to confirm information with your health care professional if you have questions regarding a medical condition. IN A MEDICAL EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY.

This Site contains information about products and therapies authorized in the United States, and is intended for an United States audience. If you live outside the U.S., you may see information on this web site about products or therapies that are not available or authorized in your country.

PRIVACY AND SECURITY. Nova Biomedical is committed to safeguarding your privacy online. Nova Biomedical understands the importance of privacy to our customers and visitors to our Site. Nova Biomedical¹s use of personally identifiable information is governed by our Privacy Policy and by accessing and using our Site, you agree to be bound by that policy in its entirety.

LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER Nova Biomedical NOR ANY PERSON OR COMPANY ASSOCIATED WITH Nova Biomedical SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEB SITE OR THE MATERIALS ON THIS WEB SITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS Nova Biomedical, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON THIS WEB SITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
THE TOTAL LIABILITY OF Nova Biomedical, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL Nova Biomedical, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEB SITE OR MATERIALS ARE EXCLUDED EVEN IF Nova Biomedical HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUTSIDE THE U.S. Nova Biomedical makes no claims that the Site is appropriate for access or use outside the U.S. Your access and/or use of our Site is at your own risk, and you are responsible for compliance with the laws of your jurisdiction.

OTHER RULES ABOUT THIS WEB SITE. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

You agree that these Terms and Conditions describe the entire relationship between Nova Biomedical with respect to its subject matter. Nova Biomedical.com was created and is operated under the laws of the State of Florida. The laws of the State of Florida will control the terms and conditions provided in these Terms and Conditions, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of these Terms and Conditions is invalid or unenforceable, you agree that the other provisions of these Terms and Conditions will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to Nova Biomedical.com or these Terms and Conditions more than one (1) year after such claim or cause of action arose.

2012