These Terms of Service govern your use of NovoPath, Inc.'s (NovoPath) website (The Website). Your use of our site tells us you have read and agreed to these Terms of Service. Please read them carefully.
Copyright. All information, content, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "Content") is owned by NovoPath unless explicitly stated otherwise. You may use the Content online only, and solely for your personal, non-commercial use. If you operate a Web site and wish to link to The Website, you may do so provided you agree to cease such link upon request from NovoPath. No other use is permitted without prior written permission of NovoPath. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms of Service.
You may not, for example, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through The Website, not to insert any code or product or manipulate the content of The Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
User-Provided Information and Content. By providing information to, communicating with, and/or placing material on, The Website, including for example communication during registration, communication on any bulletin board, message or chat area, or posting any content, you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; and, (3) the content will not cause injury to any person or entity.
For all such information and material, you grant NovoPath, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize NovoPath to include the information in a searchable format accessible by users of The Website, and to use your name and any other information in connection with its use of the material you provide. You also grant NovoPath the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
NovoPath is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to NovoPath. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and that you are waiving any claim against NovoPath regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
Other Specifics About Interactive Areas (Forum, Chat Areas, etc.). Forum, chat areas and other such interactive areas are provided to give users a forum to ask questions, express their opinions and share ideas and information. NovoPath reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
By using the forum, chat, and other interactive areas of The Website, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on our site at any time for any reason. Decisions as to whether content violates any Posting Rule will be made by NovoPath in its discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our site. When using The Website, please do not post material that:
WARNING: A VIOLATION OF THE FOREGOING GUIDELINES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
General Disclaimer and Limitation of Liability: While NovoPath uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. NovoPath does not represent or warrant that use of any Content will not infringe rights of third parties. NovoPath has no responsibility for actions of third parties or for content provided or posted by others.
USE OF THE WEBSITE IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER NovoPath, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE , AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES NovoPath WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. NovoPath IS NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
THE WEBSITE MAY CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. NovoPath DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE WEBSITE. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT SHALL NovoPath, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NovoPath, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
Indemnity: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, NovoPath, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF THE WEBSITE ; (2) THE WEBSITE'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.
International Users: The Website is controlled, operated and administered by NovoPath from its offices within the United States . NovoPath makes no representation that materials or Content available through The Website are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use The Website or export the Content in violation of U.S. export laws and regulations. If you access The Website from a location outside the United States , you are responsible for compliance with all applicable laws.
Miscellaneous: NovoPath reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of The Website after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.
NovoPath may modify, suspend, discontinue or restrict the use of any portion of The Website, including the availability of any portion of the Content at any time, without notice or liability. NovoPath may deny access to any person or user at any time for any reason.
These Terms of Service will be governed by and construed in accordance with the laws of the State of New Jersey , without regard to its conflicts of law provisions. Any failure of NovoPath to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
NovoPath, Inc. www.NovoPath.com , 732.329.3209.