TERMS OF USE

Date of Last Revision: 5/17/2021

This is a binding agreement regarding the Internet site located at URL: www.novapproachspine.com (“Home Page”) and all subsidiary pages under the novapproachspine.com domain (“Website”). By browsing this Website, you agree to abide by these Terms of Use, as they may be amended by NovApproach Spine, LLC, (“NovApproach”) from time to time in its sole discretion. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Website and cease all use of the Website.

YOU AGREE THAT BY ACCESSING, BROWSING OR USING THE WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE. YOU HEREBY REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. ONLY PERSONS OF LEGAL AGE CAN ACCEPT THIS AGREEMENT.

CALL 911 FOR AN EMERGENCY

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

Notification of Changes

NovApproach reserves the right to change these Terms of Use from time to time as it sees fit. NovApproach will post a notice on the Website any time these Terms of Use have been changed or otherwise updated and your continued use of the Website will signify your acceptance of the adjustment to these Terms of Use.

Privacy Policy

NovApproach respects your privacy and permits you to control the treatment of your personal information. A complete statement of NovApproach’s current privacy policy is found by clicking the link at the bottom of the page. NovApproach’s privacy policy is expressly incorporated into these Terms of Use by this reference. Use of NovApproach’s Website grants you a limited, terminable, personal, non-exclusive license to access and browse the Website. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with NovApproach. Nothing contained on the Website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by NovApproach or by any third party.

Prohibited Uses

NovApproach imposes certain restrictions on your permissible use of the Website. You are prohibited from violating or attempting to violate any security features of the Website, accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access. Any violation of system or network security may subject you to civil and/or criminal liability.

Links to this Website

You may not create a link to any page of this Website without our prior written consent. If you do create a link to a page of this Website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this Website by linking to it. We do not tolerate any direct links to images or documents on this Site. All materials at this Website are copyrighted and owned by NovApproach or its Affiliates.

When written permission is granted, you agree not to present the link to this Website in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree that the link will not appear on a website that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious.

Jurisdiction, Venue, Law and Service of Process

These Terms of Use shall be construed in accordance with and governed by the laws of the State of Florida, without reference to its rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Alachua County, Florida, USA with respect to all disputes arising out of or related to your use of the Website. You also agree to electronic service of process, where allowable, regarding actions under these Terms of Use.

Information Disclaimer

The content of this Website is for general information and education purposes only and does not constitute advice. Information you read on this Website cannot replace the relationship that you have medical services or advice and the information on this Website should not be considered medical advice.

You should always talk to your health care professional for diagnosis and treatment. Health information changes quickly. Therefore, it is always best to confirm information with your health care professional.

No Warranties

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. NOVAPPROACH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE WEBSITE AND ANY INFORMATION THEREIN, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NOVAPPROACH MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE.

NOVAPPROACH MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.

Limitation of Liability

YOU AGREE THAT NEITHER NOVAPPROACH NOR ANY PERSON OR COMPANY ASSOCIATED WITH NOVAPPROACH SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS NOVAPPROACH, IT’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON THIS WEBSITE. 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 NOVAPPROACH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO LIABILITY. IN NO EVENT SHALL NOVAPPROACH, 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 WEBSITE OR MATERIALS ARE EXCLUDED EVEN IF NOVAPPROACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you violate these Terms of Use in a way that causes harm to others, you agree to hold NovApproach harmless against any liability for that harm.

Disclaimer of Endorsement

References to books, software, websites, or products are specific suggestions only and do not necessarily constitute or imply an endorsement.

The views and opinions of the authors of content published by NovApproach does not necessarily state or reflect the opinion of NovApproach or its Affiliates, and cannot be used for advertising or product endorsement purposes.

Disclaimer of Links to Other Websites

This Website may contain links to websites not operated by NovApproach. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other websites. These websites may contain information about uses of NovApproach’s products or therapies that have not been approved in the United States. We do not control or endorse this type of information. We are not responsible for the performance of those websites or for your business dealings with them. Your use of other websites is subject to the terms of use of those websites, including the privacy policies of those websites.

Unenforceable provisions

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

General

In the event a dispute arises regarding these Terms of Use or the use of this Website, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred, in addition to damages and any other relief to which it is entitled. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Use without the prior written consent of NovApproach, but NovApproach may assign or transfer these Terms of Use, in whole or in part, without restriction. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. NovApproach may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Website. These Terms of Use, including the Privacy Policy, constitute the entire agreement between you and NovApproach regarding the subject matter hereof.

Copyright and Trademark Information

All contents of the Website are copyright © 2021 NovApproach Spine, LLC. All rights reserved. You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit or transfer for any commercial purposes, any portion of the Website.

NovApproach Spine names and logos are trademarks owned by NovApproach (the ” NovApproach Trademarks”). You agree not to display or use the NovApproach Trademarks in any manner without our prior written permission.

ACKNOWLEDGEMENT

BY ACCESSING AND BROWSING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.