Terms of Use and Legal Information
WELCOME
Naveris, Inc. (“Naveris”) provides websites (the “Website”), Portal and online services (collectively the “Services”) to you subject to these terms and conditions. Your use of the Services constitutes your acceptance of these terms and conditions. If you do not agree to all of these terms and conditions, do not use the Services. Naveris may modify these terms and conditions, in whole or in part, at any time and in its sole discretion. Such modifications will be effective when posted on this Website. Your continued use of the Services constitutes acceptance of these terms and conditions as modified. Certain features and services may be subject to additional requirements, rules, and policies, which are incorporated by reference into these terms and conditions. Naveris may terminate, change, or otherwise modify any aspect of the Services, or impose limits on features or restrict access, in whole or in part, to the Website and Services at any time and in its sole discretion without liability. Naveris may terminate any authorizations, rights, and licenses provided herein.
DESCRIPTION OF SERVICES
The Services include websites, applications, and information relating to Naveris testing services, research, online ordering, test delivery, billing, clinical information portals, mobile applications, application programming interfaces, educational materials for patients, partners, and healthcare professionals, and related services.
WEBSITE AND SERVICES USAGE
Naveris authorizes you to access the Services and view and download the materials from the Services, provided that: (i) you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials; (ii) your use of such materials is for your personal, non-commercial use only, and will not be copied or posted on any network computer or broadcast in any media; (iii) you may not modify the materials in any way or reproduce, publicly display, perform, distribute, transmit, or create derivative works from any of the materials; and (iv) you shall not
attempt to copy, decompile, or reverse engineer any of our site code, applications, interfaces, or services.
Importantly, the above authorization does not include the design of the Services or layout of the Websites, elements of which are legally protected and may not be copied or used in whole or in part. No logo, graphic, sound, or image from this Website may be copied or retransmitted unless expressly authorized by Naveris. No other use of the materials is authorized. The materials on the Services are proprietary and any unauthorized use of any materials at the Services may violate copyright, trademark, and other laws. Naveris respects the intellectual property rights of third parties and requests users of the Services to notify Naveris at compliance@naveris.com if they become aware that any content on the Services may violate or infringe upon the intellectual property rights of any third party.
By using the Services, you agree that you will not use the Services for any purpose that is unlawful or otherwise violates any applicable law, regulation, or the rights of an individual or entity. You shall not misrepresent your identity when using the Services and you shall not send or transmit to or through the Services any unlawful, defamatory, threatening, or otherwise objectionable material. You shall not use this website to attempt to access or disclose personally identifiable information or collect information about the users of the Services.
PATENTS
Naveris is constantly conducting research and development, leading to new, modified, and/or improved technology and products. It is our policy to seek patent protection in the United States and abroad for such technology and products. Until patents are filed, such information and technology is the sole property of Naveris.
USER-PROVIDED INFORMATION
Should use of this Website require you to submit any of your personal information to Naveris, such information is protected by our privacy and security policies. Beyond any personal information you are required or requested to submit to Naveris in connection with your use of the Services, Naveris does not want you to, and you warrant that you will not, submit on the Services any confidential or proprietary information, any ideas for new products, technologies, processes, materials, marketing or advertising plans or campaigns, or product names, whether or not such ideas are confidential or proprietary. You agree that Naveris has no obligation to deem or treat any information or material you send to this Website as confidential or proprietary, unless Naveris has otherwise agreed in writing to do so. By sending Naveris materials or information, you grant Naveris an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such material or information, and you further agree that Naveris is free to use any ideas, concepts, know-how, or techniques that you provide for any and all commercial or non-commercial purposes. You further agree that you will not post or transmit to or from this Website any threatening, defamatory, obscene, harassing, or otherwise unlawful material, or that incorporates the proprietary material of another.
SECURITY
You shall not attempt to gain unauthorized access to the Services, attempt to circumvent any security or authentication measures, probe, scan or test the vulnerabilities of our Services. You shall not attempt to monitor or intercept data or network traffic from the Services. You shall not introduce, transmit, or otherwise make available any virus, worm, spyware, or other computer code, file or program intended to damage, overburden, or otherwise interfere with the proper functioning of the Services or Website.
ACCESS-RESTRICTED SERVICES
Access to password-protected and/or secure areas of the Services is limited to authorized users only and requires creation of an account. For example, healthcare professionals desiring to order tests or view test results through the Services are required to register and establish an account to use these features. You must provide complete and accurate information on your account and update such information as necessary.
You are responsible for maintaining the confidentiality of your account and password information, and you agree not to share or transfer your account and/or password information. You agree to notify Naveris immediately of any unauthorized use of your account or any other breach of security of which you become aware. You further agree to accept responsibility for all activities that occur under your account or password. You agree not to use another’s account or password information at any time.
LINKED SITES
The Website or Services may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our control, and Naveris is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
LINKS TO THIS WEBSITE
Any links to Naveris Services: (i) must display that page full-screen in a fully operable and navigable browser window and not within a “frame”; (ii) may not present false information about Naveris products, services, or technology, nor by the appearance, position, and other aspects of the link create a false appearance that another entity, its activities, or products are associated with, sponsored, or endorsed by Naveris; and (iii) may not use or display the Naveris logo without permission.
TRADEMARKS
The Naveris logo and names of its products or services displayed on the Services are protected by U.S. and international trademark and copyright laws. No license to use any of the Naveris trademarks is given or implied. Users are not permitted to use these trademarks without the prior written consent of Naveris. The use of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of federal or other applicable laws. Naveris will protect its trademarks and all intellectual property by appropriate legal action.
PRIVACY POLICY
In using the Services, you may provide certain personal and health information to us. Naveris will use and disclose your personal information only in accordance with our Privacy Policy which is incorporated by this reference into these terms and conditions. In addition, as a covered entity under HIPAA, Naveris will use your Protected Health Information only in accordance with our Notice of Privacy Practices, which is incorporated by this reference into these terms and conditions.
NO MEDICAL OR PROFESSIONAL SERVICES ADVICE
Information contained on the Website is presented for the purpose of general education for the public regarding cancer and diagnostic testing, personalized cancer care, research, and other general information concerning Naveris. Nothing contained on the Website is intended to constitute medical advice, instruction for medical diagnosis, or guidance for treatment. Information provided on the Website should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual, or for personal, medical, legal, technical, or financial decisions. It should not be used in place of the consultation or advice of a physician or other qualified healthcare provider. Should you have any healthcare related questions, please consult with your physician or other qualified health care provider.
INTERNATIONAL USE
The Website and Services are hosted in the United States. Although these Services may be accessible worldwide, we make no representation that all materials on the Services are appropriate or available for use in all worldwide locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Services from worldwide locations do so on their own initiative and are responsible for compliance with local laws.
INDEMNIFICATION
You agree to indemnify and hold Naveris (and its officers, directors, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Services or any feature of service of the Website, (ii) your violation of these terms and conditions, including without limitation misuse of account and password information, or (iii) your violation of applicable law. Naveris reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. Naveris will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
TERMINATION
If applicable, you may delete your Services account and end your registration at any time, for any reason by sending an email to support@naveris.com. Naveris may terminate your use of the Services
and/or your account for any reason at any time. You understand that termination of your account may result in loss of access to test results of your patients through the Services. YOU AGREE THAT NAVERIS WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE OR SERVICES OR DELETION OF YOUR ACCOUNT.
DISCLAIMER
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. THE OPERATION OF THE WEBSITE AND THE INFORMATION AVAILABLE THEREON ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, NAVERIS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. NAVERIS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) BUGS, VIRUSES, WORMS, TROJAN HORSES, SPYWARE, OR ANY OTHER MALWARE, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ERRORS OR OMISSIONS IN ANY INFORMATION, AND/OR (VII) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY INFORMATION POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL NAVERIS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING UNDER OR AS A RESULT OF THESE TERMS AND CONDITIONS, THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENTS OF THE WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NAVERIS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USE OF THE WEBSITE OR THE SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
CONTACT INFORMATION
If you have any comments or questions regarding these Terms and Conditions, the Website or the Services, please contact Naveris at 833-628-3747.
Last Updated: March 5, 2024
