Terms of Use

Effective Date: March 2024

NUVOGROUP LTD. (referred to herein as “NUVO,” the “Company,” “we,” “us,” or “our”)provides the website www.nuvocares.com and any of our other websites which display these terms of use (collectively, the “Site”) as well as the services, products, and content available on the Site (the “Services”) to you, subject to your compliance and agreement with all of the terms, conditions, and notices contained or referenced herein (the “Terms of Use”).

By using this Site or the Services you (“you” or “user”) agree to be bound bythese Terms of Use and our Privacy Policy, which is hereby incorporated by reference. If you do not wish to be bound by these Terms of Use, please stop using the Site and exit it now. Your remedy for dissatisfaction with this Site, or any Services, is to stop using the Site and/or those particular Services. Your agreement with us regarding compliance with these Terms of Use becomes effective immediately upon commencement of your use of this Site or the Services.  

These Terms of Use constitute our Agreement with you (the“Agreement”) and your use of the Site or the Services constitutes your acceptance of that Agreement.

TheseTerms of Use were last updated and are effective as of the date indicated above. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this Site or the Services after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. As used in these Terms of Use, references to our “Affiliates” means our owners, affiliated companies, officers, directors, employees, other users, suppliers, partners, sponsors, and advertisers, and includes, without limitation, all parties involved in creating, producing, and/or delivering thisSite and/or the Services.

TheseTerms of Use contain a mandatory arbitration provision that requires you toarbitrate individually any disputes or claims that you may have with us andwaives your right to participate in a class action or multi-party arbitration.You may opt out of the mandatory arbitration provision by providing written notice to us as at: NUVO International, 163 College Road East, 2nd Floor, Princeton, New Jersey 08540 of your decision within thirty (30) days of the date that you first visit our Site.

1. Proprietary Rights. All or portions of the Site are proprietary to us and are protected by intellectual property laws and treaties, including, but not limited to, copyright, trademark, service mark, trade secret and/or patent laws and any moral rights. You agree to use the Site for your own personal use only and shall not copy, duplicate, display, transmit, distribute, modify, or prepare derivative works of all or any portion of the Site, or other aspect of theServices, for any purpose unless NUVO gives you express written permission to do so.

2. Licenses. Your access to the Site is pursuant to a free, limited, revocable and non-exclusive license from us, which may be modified, terminated, restricted or limited by us at any time. By submitting any content to the Site, you grant to us a perpetual, unlimited, irrevocable, royalty-free, non-exclusive, assignable and worldwide license to make, copy, perform, publish, display, distribute, transmit, translate, modify, prepare derivative works from and use such content in any form, media or technology now known or hereafter developed. You also agree to waive and never assert any moral rights that you may have in or to any content submitted to us.  

3. Accessibility.   You understand and agree that the Site may, at times, be inaccessible for any reason. NUVO is not responsible or liable in any way to you or anyone else due to or as a result of any such inaccessibility.

4. Collection of Certain Information. The Site may include functions (such as "contact us", forms foremployment applications and registration information or "feedback"pages) provided for the purpose of submitting information to the Company.Submitted information may include personally identifiable information such as name, e-mail, and postal address. The Company’s handling and use of all submitted information will be pursuant to our Privacy Policy published separately on the Site. See the Privacy Policy for details and additional information.

5. Accounts. Some portions of our Site may allow you to register foran account (“Account”). In general, you are not obligated to register for anAccount in order to access the Site as a visitor. When you set up an Account, you are required to enter your name, email address, password (“Password”) and certain other information requested by NUVO. You must be 18 years or older to become a registered user. If you are under 18 years of age, you may not establish an Account or use the Site in any manner.  

You may not transfer or share your Password or Account (collectively, the“Account Information”) with anyone. You are responsible for maintaining the confidentiality of your Account Information. You agree to notify us immediately upon becoming aware of any unauthorized use of your Account Information or any other breach of security. You are responsible for any and all use of yourAccount. In no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out your use of the site, your use of Account Information or your release of the Account information to a third party. You may not use anyone else’s Account at anytime, and may only maintain one Account at time.

6. Privacy Policy. Operation of the Site may require the submission, use and dissemination of various items of personal identifying information. While we consider your personal identifying information to be private, your use of the Site or the Services constitutes acceptance of our policies and practices for the collection and use of personal identifying information. Please see our Privacy Policy for a summary of our personal identifying information collection and use policies and practices.

7. Compliance with Laws. Use of the Site is subject to compliance with all applicable international, federal, state and local laws and regulations.

8. Security. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. We reserve the right to view, monitor and record activity on theSite without notice or permission from you. Any information obtained through such monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. We will comply with all court orders involving requests for such information.  

9. NO PROFESSIONAL ADVICE.  Any content, information or otherwise, provided through our Services, by any form of communication or by any of our employees or agents, whether by telephone, e-mail, letter or other form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you. In addition, health-related information provided through our Services is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal physician, optometrist, ophthalmologist or other healthcare professional. The receipt of any questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy.

The information presented on or through ourServices or by any form of e-mail communication is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to ourServices, or by anyone who may be informed of any of its contents.

10. NO MEDICAL ADVICE OR SERVICES. TheCompany is not a health care provider. If you experience any pain, symptoms, or other maladies of any kind, consult your physician immediately or call 911. The content of the Services, including without limitation any content accessed, sent or made available for use or download through this Services (inclusive of any information transmitted by third parties and/or healthcare providers and eyeglass or contact lens prescriptions) does not constitute professional medical advice, diagnosis, or treatment by the Company of any kind. You should always seek the advice of your qualified healthcare professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. We do not recommend or endorse any specific tests, healthcare providers, physicians, products, treatments, therapeutics, pharmaceuticals, devices, procedures, opinions or other information that may be included on, accessed through, sent through or made available for use or download through the Services. 

11. Conduct. Your use of the Site and the Services is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Site. By posting information in or otherwise using any communications service, chatroom, message board, or other interactive service that may be available to you on or through this Site (the “Feedback”), you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any Feedback— including text, communications, software, images, sounds, data, or other information — that:

(a)        is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

(b)       victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, national origin, age, or disability;

(c)        infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

(d)       constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

(e)        contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

(f)        impersonates any person or entity, including any of our employees or representatives.

By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on anon-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by us, or obtained from sources other than you.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Site. However, we and our agents have the right at their sole discretion to remove any content(including, without limitation, your Feedback) that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

In addition, you may not use your Account to breach security of another Account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site.Similarly, not all Services may be available to you or other authorized users of the Site. You shall not interfere with anyone else’s use and enjoyment of the Site and/or the Services. Users who violate systems or network security may incur criminal or civil liability.

You acknowledge and agree that we will cooperate fully with investigations of violations of systems or network security of the Site or at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.  In our cooperation with law enforcement authorities you acknowledge and agree that we may disclose your personal identifying information and Feedback as well as any other information we may know about you and your use of the Site and/or theServices.  

12. No Redistribution or Resale. You agree not to sell, resell, lease, distribute, redistribute or exploit any portion of the Site for commercial purposes.  

13. Linking and Framing.  You agree not to bypass or attempt to bypass the home page of the Site and “deeplink” to any other page in the Site, or frame our content within another website, or copy or use our content in another medium without our express written permission.

14. Links to Other Sites. This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge and agree that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services.The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

15. Third Party Products and Services.   You acknowledge and agree that the Site may feature materials, products, and services provided by third parties. We make no representations or warranties with respect to, nor do we guarantee or endorse the quality, non-infringement, accuracy, completeness, timeliness, reliability or correct sequencing of such third party materials, products and services, or any other materials, products and services which may be accessed or acquire through such third party materials, products and services. We expressly disclaim responsibility and liability for all third party materials, products and services contained on or accessed through the Site.

16. Disclaimer of Warranties. TheSite and the Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the Services will be effective, accurate or reliable; or (d) the quality of any Services purchased or obtained by you from the Site from us or our Affiliates will meet your expectations or be free from mistakes, errors or defects.

This Site could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the Services at this Site, including the prices and descriptions of any Services listed herein, at anytime without notice. The Services at this Site may be out of date, and we make no commitment to update such Services. The use of the Services or the downloading or other acquisition of any Content through this Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities. 

Through your use of the Site, you may have the opportunities toengage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you.  We are not liable for, and you hereby hold us harmless from, such transactions. 

WE MAKE NO WARRANTY REGARDING THE SERVICES OR ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through this Site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than our authorized spokesperson speaking in his/her official capacity.Please refer to the specific editorial policies posted on various sections of this Site for further information, which policies are incorporated by reference into these Terms of Use.

You understand and agree that temporary interruptions of the Site or the Services may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

17. Limitation of Liability. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FORANY SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA, PROFIT, SAVINGS OR BUSINESS), ARISING OUT OF OR IN CONNECTION WITH THE USE, OR INABILITY TO USE,THE SITE OR THE SERVICES, WHATEVER THE BASIS OF THE CLAIM OR ACTION (SUCH AS BREACH OF WARRANTY, CONDITION, CONTRACT, INFRINGEMENT AND TORT, INCLUDING STRICT LIABILITY AND NEGLIGENCE, OR OTHER LEGAL THEORY) EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AND OUR AFFILIATES’ LIABILITY FOR DAMAGES OR LOSSES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE BASIS OF THE CLAIM OR ACTION, WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE SPECIFIC SERVICE THAT CAUSED THE DAMAGES OR LOSSES.

FURTHER,WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TOYOU

18. Binding Arbitration Agreement andClass Action Waiver.   BY AGREEING TO THIS ARBITRATION AGREEMENT,YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by JAMS and conducted under The Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“JAMS Rules”) then in effect at the time of the dispute. You may obtain copies of the JAMS Rules and forms and instructions for initiating arbitration by visiting the JAMS website at www.jamsadr.us. If for any reason JAMS is unavailable, the parties shall mutually select another arbitration forum. If you initiate arbitration we will promptly reimburse you for any standard filing fee which may have been required under JAMS’ Procedures once you have notified us in writing andprovided a copy of the arbitration proceedings. However, if we are the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to us including the filing fee.  If we have a dispute, we will submit our dispute for resolution by arbitration before JAMS in New Jersey. For claims brought by you of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. If you initiate arbitration and the arbitrator awards you relief we will reimburse any reasonable expenses incurred by your attorney, if any, including fees reasonably accrued for investigating, preparing and pursuing the claim in arbitration.

There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general.You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against us and may not preside over any kind of representative or class proceeding against us. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void.  

YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit. This agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. You may opt-out of these Dispute ResolutionProvisions by providing written notice of your decision within thirty (30) days of the date that you first visit the Site.

19. Copyright. It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States DigitalMillennium Copyright Act ("DMCA"). This section describes the information that should be present in these notices and the take down procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we determine are reasonable under the circumstances. If you believe that any Content on the Site infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the “Designated Agent”), identified below, with the following information:

· A description of the copyrighted work or other intellectual property thatyou claim has been infringed, with sufficient detail so that we can identifythe alleged infringing material;

· The URL or other specific location on the Site that contains the alleged infringing material described in (a) above, with reasonably sufficient information to enable us to locate the alleged infringing material;

· Your name, mailing address, telephone number and email address;

· The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;

· A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

· A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf

To notify the provider of the allegedly infringing material towhich we have removed or disabled access, we may forward a copy of yourinfringement notice, including your name and email address to the provider ofthe allegedly infringing material.

We may terminate users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the alleged infringer. If you receive an infringement notification from us, you may file a counter notification pursuant with ourDesignated Agent pursuant to the DMCA.

20. Governing Law. This Site (excluding any linked sites) is controlled by us from our offices within Princeton, New Jersey, USA. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of the State of New Jersey, by accessing this Site both you and we agree that the statutes and laws of the State of New Jersey, without regard to the conflicts of laws principles thereof and the United NationsConvention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of Services available through this Site. If for any reason the Binding Arbitration Agreement contained withinParagraph 16 is held invalid, you and the Company each agree and hereby submit to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the State of New Jersey, USA, with respect to such matters.

21. Modification and Amendment. WE HAVE THE RIGHT AT ANY TIME OR FROM TIME TO TIME TO MODIFY OR AMEND THE TERMS AND CONDITIONS OF THIS AGREEMENT, IN WHICH CASE THE SITE WILL DISPLAY SUCH CHANGES, WHICH WILL BE YOUR ONLY NOTIFICATION OF ANY SUCH CHANGE. ANY USE OFTHE SERVICES BY YOU AFTER SUCH NOTIFICATION SHALL CONSTITUTE YOUR ACCEPTANCE OFTHE MODIFIED OR AMENDED TERMS. NO MODIFICATION MADE BY YOU SHALL BE BINDING UPON US UNLESS IT IS MADE IN WRITING AND SIGNED BY US.  

22. Severability. If any one or more of the provisions contained in this Agreement shall for any reason be found to be invalid, illegal or unenforceable in any respect, said finding shall not affect the remaining provisions, which shall be enforceable to the fullest extent permitted by law, provided that such severance does not alter the fundamental benefit of the bargain to either party. 

23. Headings. The paragraph headings contained herein are for convenience only and shall not affect their interpretation.

24. Notice. All notice relating to the Site, the Services, or your use of any thereof shall bedeemed to be delivered when displayed on the Site. All notices to us shall besent via email to info@nuvocares.com.  

25. Complete Agreement. TheseTerms of Use (including all terms and conditions incorporated herein by reference) constitute the complete and exclusive agreement between us and you with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements not specifically incorporated herein. Any attempt by you to alter, supplement or amend theseTerms of Use or to enter an order for Services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms ofUse, these Terms of Use shall take precedence.

NUVO GROUP © Copyright 2024. All Rights Reserved

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