Terms and Conditions

Online Terms and Conditions

Be sure to read the Terms & Conditions in its entirety, as it covers the legal terms applicable to accessing and using NovaWell, Inc.’s ( “we,” “our,” or “us”) websites and online services (collectively, the “Services”). As a condition to accessing and using any of the Services you agree to accept the terms and conditions below as well as the privacy practices described in our Online Privacy Statement. The information and content (collectively, "Content") on our Services is information and educational only.

The Content cannot, and is not intended to, replace the relationship that you have with your health care professionals. The Content should not be considered and is not intended as medical advice. If you are experiencing a medical emergency, you should not rely on any information provided by the Services and should seek appropriate emergency medical assistance, such as calling "911." You should always talk to your health care professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you. None of the Content represents or warrants that any particular drug or treatment is safe, appropriate or effective for you, or that any particular health care provider is appropriate for you. Health information changes quickly. Therefore, you should always confirm information with your health care professionals.

The Content should not be considered financial advice, legal advice or tax advice. Moreover, your use of Services does not in any way create a physician-patient relationship, any sort of confidential, fiduciary, or professional relationship, or any other special relationship that would give rise to any duties on our part. We do not recommend or endorse any specific tests, procedures, treatments or opinions, or other information that may appear on the Services or through other products and services. If you rely on any Content, you do so solely at your own risk. Unless stated otherwise, the Services are owned and operated by NovaWell, Inc.

Limitation of Liability and Disclaimer of Warranty

NEITHER NOVAWELL NOR ITS EMPLOYEES, AGENTS, SUCCESSORS, AND/OR ASSIGNS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, ADEQUACY, QUALITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES OR CONTENT. FURTHER, NOVAWELL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCONSEQUENTIAL DAMAGES TO THE USER, OR A THIRD PARTY ARISING FROM THE USE OR RELIANCE UPON THE SERVICES OR CONTENT, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR LOST DATA, EVEN IF NOVAWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF THE ACTION.

NovaWell does not warrant or guarantee that any files or applications available for download are free of cookies, viruses, worms, “Trojan horses,” or other harmful or destructive elements. Please note that downloaded information may be subsequently updated by NovaWell and it is the responsibility of users to ensure that the information they have downloaded is the most up-to-date information made available by NovaWell.

NovaWell has no liability for any actions taken as a result of or in connection with use of the Services. In providing Content, NovaWell does not assume any liability as a result of the use or misuse of the Content. By your use of this Content, you recognize and agree to hold NovaWell harmless from any liability arising from your use of the Services or the Content.

Use of Services

Descriptions of NovaWell products or services do not constitute an offer to sell or promote products. Content is made available as a convenience and may not contain all the relevant terms, conditions, limitations or exclusions for a product or service. Anyone interested in a particular product or service should contact a NovaWell representative.

The Content is not intended to replace or modify the terms, conditions, limitations, and exclusions contained within the services provided by NovaWell. In the event of a conflict between the Content and your plan documents, your plan documents shall control.

Restrictions on Use of Services

You agree:

• not to use our Services or Content in any way not explicitly permitted by these Terms or the Content of the Services;
• not to copy, modify or create derivative works, or harvest data or materials from the Services or Content, except you may print a reasonable number of copies for your personal use, provided that you reproduce all proprietary copyright and trademark notices;
• not to remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary rights or notices marked on the Services;
• not to misrepresent your identity or provide us with any false information in any information-collection portion of our Services, such as a registration, enrollment, or application page;
• not to take any action intended to interfere with the Services;
• not to access or attempt to access any portion of our Services to which you have not been explicitly granted access;
• not to share any password assigned to or created by you with any third parties or use any password granted to or created by a third-party;
• not to engage in viral messaging, SPAMMING, SPIMMING, or sending of unsolicited advertisements, solicitations or bulk communications, or distribute chain mail or harmful computer code, viruses, or malware;
• not to use the Services for commercial purposes or in any manner that would compete with any product or service of NovaWell, Inc.;
• not to use the Services in any way that could, in our sole judgment, interfere with any other party's use or enjoyment of the Services, or in a manner that could overburden, impair, damage or disable our networks or servers, or expose us or our licensors, users, customers or suppliers to any claims or liability whatsoever;
• not to use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Services. If you are blocked from the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g. by masking your IP address or using a proxy IP address)
• not to directly or indirectly authorize anyone else to take actions prohibited in this section
• not to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• not to attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; and/or
• to comply with all applicable laws and regulations while using our Services or the Content.

We will not intentionally collect any personal information from children under the age of 13 through this website without receiving parental consent. If you think that we have collected personal information from a child under the age of 13 through this website, please contact us.

You agree that we may take any measures we deem appropriate, in our sole discretion, to prevent the violation of, and to enforce, these Terms & Conditions. You agree that we may take any actions permitted or required by law (including the suspension or termination of your account or your access to the Services) if we believe, in our sole discretion, that you are engaging in activities that (i) violate these provisions (or other terms in these Terms & Conditions), (ii) could expose us or our third party partners to liability, or (iii) could harm our business reputation.

You agree to use the Services at your own risk.

Modification of Services

NovaWell may modify or discontinue, either temporarily or permanently, any of the Services, with or without notice. You agree that NovaWell is not liable to you for any modification or discontinuance of the Services.

User Obligations

Content submission - Use your own best judgment before posting content to the Services, or sending personal or confidential data to NovaWell through the Internet. Please contact us for any questions that you may have in this regard.

Account credentials and verification - You may be required to establish unique account or authentication credentials, such as username and password, in order to use certain Services. You are responsible for maintaining the confidentiality and integrity of such credentials. Do not share your username or password with others.

In some cases, NovaWell may use a third party to verify your identity when you use the Services. You authorize your wireless operator to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber details, if available, to NovaWell and service providers for the duration of the business relationship, solely for identity verification and fraud avoidance. See our Online Privacy Statement below for how we treat your data.

Linking - As a convenience, we may include links to other sites that we do not own, control or influence. We refer to external websites that we think might be useful to you, but we are not liable for their content or privacy practices. Information contained in those websites is not endorsed by NovaWell.

NovaWell may partner with other businesses to provide users access to online tools, information or services that are owned and operated by that business partner (Partner Services). Use of the Partner Services is subject to the terms and conditions of the partner. NovaWell disclaims all liability for such use.

Copyright and trademark - All service-marked, trademarked and registered items are the sole and exclusive property of NovaWell unless otherwise noted. All rights are reserved. They may not be downloaded, distributed, transmitted, reproduced, reprinted, or used, in whole or in part, in any manner except (i) for personal use, or (ii) with the written consent of NovaWell or the copyright holder.

For purposes of any information contained within the Services, or any offer or business arising from the use of the Services, the laws of the State of New Jersey shall apply.

DMCA Copyright Infringement Notification

If you are a copyright owner or an agent for such an owner and believe that any content on the NovaWell Services violates your rights, you may submit notice in writing under the Digital Millennium Copyright Act ("DMCA") (see 17 U.S.C.512(c)(3). To do so, you must provide our Copyright Agent with the following:

• A physical or electronic signature of a person permitted to act on behalf of the copyright owner;
• Identification of the material that you believe has been improperly copied, published or displayed. If you believe there is more than one instance of such improper use of materials at our online site, include a list;
• Identification, by location or link, of the material or activity that you believe infringed on your copyright and that is to be removed, or access to which is to be disabled;
• Information that enables NovaWell to contact you, such as an address, telephone number and email address;
• A statement that you believe in good faith that use of the material in the manner complained of is not allowed by the copyright owner, its agent, or the law; and
• A statement that the information in your notice is accurate, and under penalty of perjury, that you are given power to act on behalf of the copyright owner of the material that is allegedly infringed.

Our designated Copyright Agent to receive notifications of claimed infringement is:

If you fail to meet all of the requirements, your DMCA notice may not be valid. Please also note that under Section 512(f) of the DMCA, any person who knowingly reports falsely that material or activity is infringing may be held legally responsible.

Privacy Practices

Our Online Privacy Statement is part of these Terms & Conditions. It explains how we collect and use data you give us. NovaWell may change or update both documents from time to time without notice, so please check back to keep informed.

Updates and Changes

We may revise, modify or amend these Terms & Conditions at any time. Any such revision, modification or amendment shall be effective immediately upon either posting it to www.novawell.com or otherwise notifying you.