Terms of Use
&
Privacy Policy

TERMS AND USE

Last Update: 1 Jan 2020


These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g. websites, services, applications, etc) owned and controlled by us (collectively, the “Site”). Your ("User) compliance with these Terms of Use is a condition to your use of the Site. If you do not agree to be bound by the Terms of Use, promptly exit this Site. Please also read (1) our Privacy Policy for a description of our privacy practices and policies, and (2) other Agreements as published.

THE AGREEMENT BETWEEN YOU (THE USER) AND NOVAA LTD. (THE COMPANY, OUR, US, WE, NOVAA)

Our Agreement is this:

a. This Site may collect and use data and information. Novaa owns this collected data, and you have no rights to it. Further, third party services we use to meet our business obligations to you may also collect and use your data;  

b. By accessing the Site, you are indicating your agreement to the entirety of our TERMS OF USE, PRIVACY POLICY, and other policies and practices;  

c. You also agree to any changes, modifications, or updates to our policies and practices at any time;  

d. Please also consult our PRIVACY POLICY page for a description of other important practices and policies on how we use your information. This too constitutes part of our agreement; and  

e. If you do not agree with our policies, practices, and their binding agreement between you and Novaa your sole recourse is and will be to not use this site and our services.    

This decision is yours to make. You do not have to use or procure our services. We will be sorry to see you go, but we will understand your choice to opt out of our site and services.

OWNERSHIP OF THIS SITE

All pages within this Site and any material accessed, sent or made available for use or download through this Site are the property of Novaa (“Company”), or its licensors, other 3rd parties, or copyright owners. The Site is protected by United States and international copyright and trademark laws. The Contents of the Site, including without limitation, files, documents, data, text, copy, graphics, illustrations, photographs, images, audio, video and other visuals, and any materials accessed, sent or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Company, or its owners. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Company without our or other owners express written consent.

SITE SECURITY

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

ACCURACY AND INTEGRITY OF INFORMATION
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Although we attempt to ensure the integrity and accurateness of the Site, we make no representations, warranties or guarantees whatsoever as to the correctness, currency, accuracy, or completeness of the Site and any Content. It is possible that the Site or any Content could include typographical errors, inaccuracies, omissions, or other errors, and that unauthorized additions, deletions and alterations could be made to the Site and content by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Company shall have no responsibility or liability for information or Content posted to, accessed through, sent through or made available for use or download through the Site. The Company shall have no responsibility or liability for action taken by users because of information or content gained from, posted to, accessed through, sent through or made available for use or download through the Site, or through their (the user's) use of this Site.

USE AT YOUR RISK

The information provided by the Company is for reference only and does not constitute the rendering of legal, financial, commercial, or other professional advice. Any reliance upon the information is at your own risk, the Company shall not be responsible for any liability arising from or related to the use, currency, or accuracy of the information in any way.  

INDEMNIFICATION

You agree that you are fully responsible for all activity occurring under your use of the Site. You agree to defend, indemnify and hold Company harmless from and against all claims, damages and expenses (including reasonable attorneys fees) against or incurred by Company arising out of your breach of these Terms of Use or violation of applicable law, your conduct, other parties’ conduct, your use or access of the Site and/or any Content, or access by anyone accessing the Site and/or any Content under your use of the site.

LINKS TO OTHER SITES

Novaa makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Company site, please understand that it is independent from Company, and that Company has no control over the Content on that website. In addition, a link to a non-Company website does not mean that Company endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

SUBMISSIONS, REVIEWS, FEEDBACK, AND OTHER POSTINGS TO THE SITE

If you submit, upload or post any comments, ideas, suggestions, information, files, images or other materials to us or our Site you agree not to provide any Submissions that (1) are defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violate or infringe the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any third person or entity, (3) contain or transmit a virus or any other harmful component, or (4) protected health information under the Health Insurance Portability and Accountability Act, or other legal infractions. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. Company shall have a royalty-free, irrevocable, transferable right and license to use the Submissions however Company desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Submissions and/or incorporate such Submissions into any form, medium or technology throughout the world. Company is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay to you any compensation for any Submissions; or (3) to respond to any user Submissions. Company does not regularly review posted Submissions, but does reserve the right (but not the obligation) to monitor and edit or remove any Submissions submitted to the Site. You grant Company the right to use the name that you submit in connection with any Submissions. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Submissions. You are and shall remain solely responsible for the content of any Submissions you make. Company and its affiliates take no responsibility and assume no liability for any Submissions submitted by you or any third party. You agree to defend, indemnify and hold Novaa harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by Company arising out of any Submissions you post or allow to be posted to the Site.

DISCLAIMER OF WARRANTIES

NOVAA DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE AND/OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE OR ERRORS IN THE CONTENT WILL BE CORRECTED. THIS SITE (INCLUDING (A) ANY SITE-RELATED SERVICE AND (B) ANY CONTENT OR INFORMATION CONTAINED WITHIN, ACCESSED THROUGH, SENT THROUGH OR MADE AVAILABLE FOR USE OR DOWNLOAD THROUGH THE SITE), IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, ACCURACY AND QUALITY OF INFORMATION, PRODUCTS  OR SERVICES, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE CONTENT OR INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, THE CONTENT, SITE-RELATED PRODUCTS AND SERVICES, AND LINKED WEBSITES.

COMPANY DOES NOT WARRANT THAT FILES SENT OR MADE AVAILABLE WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

WARRANTIES RELATING TO ANY PRODUCTS OR SERVICES OFFERED, SOLD AND/OR DISTRIBUTED BY COMPANY OR THIRD PARTIES ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.

DISCLAIMER OF SOURCES

Novaa obtains its information from sources it believes to be reliable. However, because of the possibility of human and mechanical error as well as other factors, Novaa makes no representations or warranties, express or implied, as to the accuracy or timeliness of its information, and cannot be responsible or liable for any errors or omissions in its information or the results obtained from the use of such information. Users are solely responsible for determining whether the information provided is suitable for their purposes, and reliance on the information is at the users' sole risk. Users should obtain any additional information necessary to make an informed decision.

Neither Novaa nor its investors, partners and affiliates are responsible for data maintained by these or other source providers. No warranty is expressed or implied as to the accuracy, completeness or timeliness of the information presented.  

ADVICE DISCLAIMER

The Content of the Site, including without limitation any Content accessed, sent or made available for use or download through this Site (inclusive of any information transmitted by third parties), is for informational purposes only and does not constitute professional advice, diagnosis, treatment or recommendations by the Company of any kind. You should always seek the advice of your qualified professionals with any questions or concerns you may have regarding your individual needs and conditions. The Company does not recommend or endorse any specific tests, research, products, technology, treatments, devices, procedures, opinions or other information that may be included on, accessed through, sent through or made available for use or download through the Site. Reliance on any information appearing on, accessed through, sent through or made available for use or download through the Site, whether provided by Company, its content providers (including any providers who provide content through the Site), its clients, visitors to the Site or others, is solely at your own risk.

LIMITATION OF LIABILITY

COMPANY AND ANY THIRD PARTIES (AND THEIR CONTENT) MENTIONED (OR ACCESSED AND USED AND ACTED UPON) ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST BUSINESS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, PRODUCTS, CONTENT OR INFORMATION CONTAINED OR UTILIZED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

DISPUTE RESOLUTION: ARBITRATION AGREEMENT

We will try to work in good faith to resolve any issue you have with Site, including services and/or Content requested, accessed, sent or made available for use or download through the Site, if you bring that issue to the attention of our management team. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction. You and Company agree that any dispute, claim or controversy arising out of or relating in any way to your use of the Site, including services and/or Content requested, accessed, sent or made available for use or download through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Company.The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. The parties will mutually agree upon an arbitrator. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Company and you agree otherwise, any arbitration hearings will take place in Cook County, Illinois. The payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts in Cook County, Illinois.

COPYRIGHT

The technology, material, content, information, data, programming, code, text and image materials associated with Novaa, and its published materials and websites are protected by US and international copyright laws and are owned solely by Novaa with all rights reserved. Users/visitors agree that materials may not be reverse-engineered, copied, reproduced or re-applied in any manner whatsoever unless specific license has been granted in writing in an End User License Agreement (EULA) or other licensing document, and in such case, only in such manner as specified in the document.

TRADEMARK

Novaa and the Novaa logo are trademarks and service marks (together with any other Novaa logos and product and service names) are trademarks of Novaa (the "Novaa Marks"). Without Novaa's prior permission, you agree not to display or use in any manner the Novaa Marks.

REVISIONS

In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Company and you pertaining to the subject matter hereof. In its sole discretion, Company may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

PRIVACY POLICY

Last Update: 1 Jan 2020

SITE VISITORS  

Like most websites, Novaa collects non personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Novaa’s purpose in collecting this information is to better understand how visitors use its website. Novaa also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on Novaa blogs.  

GATHERING OF PERSONALLY IDENTIFYING INFORMATION  

Certain visitors to Novaa’s websites choose to interact with Novaa in ways that require Novaa to gather personally-identifying information. The amount and type of information that Novaa gathers depends on the nature of the interaction. Those who engage in transactions with Novaa may be asked to provide additional information to process transactions. In each case, Novaa collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Novaa. Visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain activities.  

AGGREGATED STATISTICS  

Novaa may compile statistical information concerning the usage of the Site. Third parties such as Google Analytics may compile and use information. This information allows Novaa to monitor the Site’s utilization and continuously improve its quality. Novaa also uses this information to prepare collective profiles of visitors’ activities for management and internal use. In compiling this information, Novaa may collect and store this information on a non-secure server. Examples of this information would include, but not be limited to, the number of visitors to the Site, or to sections or pages within the Site, patterns of traffic flowing through the Site, length of time spent on the Site, the pages of the Site that visitors frequently use as entry and exit points, your IP address, your operating system version, your browser version, the pages you visit within the Site, the length of time you spend on pages within the Site, number of visits, the site from which you linked to ours, search terms you used in search  engines which resulted in you linking to the Site, etc. Novaa may display this information publicly or provide it to others. However, Novaa does not disclose personally-identifying information other than as described below.  

DISCLOSURE OF YOUR INFORMATION

Novaa discloses potentially personally-identifying and personally-identifying information to those of its employees, contractors and affiliated organizations that need to know that information in order to process it on Novaa's behalf or to provide services available at Novaa’s Site. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Novaa's Site, you consent to the transfer of such information to them. Novaa discloses potentially personally-identifying and personally-identifying information in response to a subpoena, court order or other governmental request, or when Novaa believes in good faith that disclosure is reasonably necessary to protect the property or rights of Novaa third parties or the public at large.   If you are a registered user of a Novaa Site or services and have supplied your email address, Novaa may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Novaa and our products. We primarily use our blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users.  
We may collect and disclose anonymous and aggregated information about our users, and other information that does not identify any individual, without restriction for the purposes of product research, to improve our Service, and for other commercial purposes.  
We may also disclose personal information that we collect or you provide as described in this privacy policy:  
a. To our subsidiaries and affiliates;b. To fulfill the purpose for which you provide it;   c. For any other purpose disclosed by us when you provide the information;   d. With your consent;   e. To enforce or apply our Terms Of Use and other agreements, including for billing and collection purposes; and  f. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.  

DATA SECURITY

The safety and security of your information also depends on you. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Site like message boards. The information you share in public areas may be viewed by any user of the Site. Unfortunately, the transmission of information via the internet is not completely secure. We cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the Site.  You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.  

COOKIES    

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Novaa uses cookies to help Novaa identify and track visitors, their usage of Novaa website, and their website access preferences. Novaa visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Novaa’s websites, with the drawback that certain features of Novaa’s websites may not function properly without the aid of cookies.  

BUSINESS TRANSFERS  

If Novaa, or substantially all of its assets, were acquired, enters a partnership, or in the event that Novaa goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Novaa may continue to use your personal information as set forth in this policy.  

ADVERTISEMENTS  

Ads appearing on our site may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Novaa and does not cover the use of cookies by any advertisers, or other parties.  

PROMOTIONAL OFFERS

If you do not wish to have your contact information used by the Company to promote our own or third parties' products or services, you can opt-out by sending us a return e-mail asking to be omitted from future e-mail distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.  

CHILDREN UNDER THE AGE OF 13  

Our Site is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Site or on or through any of its features/register on the Site, make any purchases through the Site, use any of the interactive or public comment features of this Site or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If you believe we might have any information from or about a child under 13, please contact us.  

PERSONAL HEALTH INFORMATION  

Novaa does not wish to receive, nor should you submit, any medical information, information pertaining to any medical conditions, treatments, procedures, or other PHI to and / or through this Site, or users of this site.  

THIRD PARTY WEBSITES  

Our Site and blog includes links to and details of third party websites. We have no control over, and are not responsible for the privacy policies and practices of third parties, nor how it affects the use of your information.  

THIRD PARTY SERVICES

Our Site and blog uses third party services (such as Google, and others). We have no control over, and are not responsible for the privacy policies and practices of third parties, nor how it affects the use of your information.  

PRIVACY POLICY CHANGES  

Novaa may change its Privacy Policy from time to time, and in Novaa’s sole discretion. It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by through a notice on the Site home page, or our blog. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting our Site and this privacy policy to check for any changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.  

WAIVER  

UNDER NO CIRCUMSTANCES SHALL NOVAA HAVE ANY LIABILITY WHATSOEVER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES ARISING OUT OF THE BREACH OF THIS PRIVACY POLICY, OR OTHER POLICIES, PRACTICES, OR DISCLAIMERS HOWEVER OCCASIONED. SEE TERMS OF USE.