Legal Notice

Overview

This website is designed to provide you with general information about Novare Surgical Systems, Inc. (“NOVARE”) and its products and services. Nothing contained in this website is intended to provide medical advice, diagnosis or treatment. You should always consult your physician or healthcare professional for advice on the treatment of a specific condition and/or appropriate treatment. As with any surgical procedure, there are risks associated with procedures involving medical devices. It is important to discuss such risks with your physician or health care professional and ask him or her about any questions you may have. You should not delay seeking or disregard professional medical advice as a result of something you have read on this website. While efforts have been made to ensure the accuracy of the information on this Site, it should not be treated as the basis for formulating decisions without professional advice.

Agreement to Terms and Conditions of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the NOVARE website located at www.novaresurgical.com, and all NOVARE sites around the world linked to or associated with www.novaresurgical.com (collectively, the “Site”). The Site is the property of NOVARE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

NOVARE reserves the right, in its sole discretion, to change, modify, add or remove portions of the Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following any posting of changes by NOVARE will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, NOVARE grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All trade names, graphics, text, user interfaces, visual interfaces, photographs, information, articles, data, images, screens, web pages, trademarks, logos, sounds, music, artwork and computer code (the “Content”) including, but not limited to the design, structure, selection, coordination, “look and feel” and arrangement of such Content, contained on the Site is owned or used with permission by NOVARE, and is protected by U.S. and/or international copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Site or other medium for publication or distribution or for commercial enterprise, without the express prior written consent of authorized NOVARE personnel.

NOVARE grants you the right to use information about NOVARE products and services purposely made available by NOVARE for downloading from the Site, subject to the following provisos: (1) you do not remove any proprietary notice language in all copies of such documents; (2) you use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast in any media; (3) you make no modifications to any such information; (4) you do not make any additional representations or warranties relating to such information; and (5) you comply with all other restrictions that NOVARE may post from time to time or include with the specific information provided.

Given the unpredictability of technology and the online environment, NOVARE does not warrant that the function or operation of this Web site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of this Site, you must assume full responsibility for any costs associated with servicing of equipment used in connection with use of our Site.

INFORMATION ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The Content on the Site may contain technical inaccuracies or typographical errors, and it may be changed or updated without notice. NOVARE may also make improvements and/or changes in the products and/or the programs described in the Content without notice. NOVARE makes no representations, warranties or assurances (express or implied) as to the accuracy, currency or completeness of such Content. NOVARE shall not be liable for any damage or injury which may arise from the use of or reliance upon any information provided in this Site or from your inability to access the Site. NOVARE assumes no responsibility, and shall not be liable for any damage or injury to you, your computer or other personal property including but not limited to damages caused by viruses that infect your computer equipment or other property due to your access to our Site or from the authorized or unauthorized downloading any of the materials, data, text, images, video or audio, or other items from the Site.

You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Site and will not make any claim against NOVARE for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the materials.

As a visitor to and a user of this Site, you, in effect, agree that all access and use of this Site and its contents are at your own risk.

Submissions

While we welcome your comments and feedback regarding this Site, NOVARE is under no obligation to respond to all pieces of correspondence received through this Site, to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. We do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this Site or any e-mail connection. All unsolicited comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to NOVARE through this Site shall become and remain the property of NOVARE. Any such submission by you is a declaration of the full release of all proprietary claims and/or intellectual property rights regarding your submission.

References to Products or Services

Information on this Site may contain references or cross references to NOVARE products or services that are not announced or available in your country. Such references do not imply that NOVARE intends to announce such products or services in your country. Please contact NOVARE for information regarding the products and services which may be available to you.

Other Terms and Conditions

Additional terms and conditions may apply to purchases of products or services from this Site and to specific portions or features of the Site, including promotions, events, or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are able to participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any product or service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific product or service.

NOVARE’s obligations, if any, with respect to its products or services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Links to Third Party Sites

This Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to you. The Linked Sites are not under NOVARE’s control, and NOVARE is not responsible for the content of the Linked Sites, including any information or materials contained on such Linked Sites.

NOVARE provides the Linked Sites to you only as a convenience and the inclusion of any such link on the Site does not imply NOVARE's endorsement of the site, the organization operating such site, or any products or services of that organization. Your linking to any off-site pages or other sites is entirely at your own risk. Under no circumstances will NOVARE be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site.

Government Regulations

NOVARE’s products and services may be regulated by government agencies in each of the countries in which we or our authorized distributor does business, for example, the U. S. Food and Drug Administration restricts the sale distribution and use of our Products in the United States. Although accessible worldwide, this Site is administered and operates in Cupertino, California USA. The Site may contain information about products and services that are not available to all persons or in all geographic locations, or may be available under different trademarks in different countries, and where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. Nothing contained in this Site should be construed as a promotion or solicitation for any product or for the use of any product in a particular way which is not authorized by any relevant law or regulation. Nothing contained in this Site is intended to provide instructions on the use of the products supplied by NOVARE. Please refer to the applicable NOVARE written materials supplied with NOVARE products. Specific questions about the availability and use of products or services described on this Site should be directed to your local NOVARE representative. NOVARE reserves the right to limit, in its sole discretion, such availability. Any offer is void where prohibited. If you are accessing the Site from outside the United States, you do so at your own risk and you are responsible for complying with applicable local laws.

Limitation of Liability

NOVARE WILL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THIS SITE OR ANY WEBSITE LINKED TO THIS SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT CONTAINED THEREIN. NOVARE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO, ARISING FROM, OR CONNECTED WITHANY THIRD PARTY.

Indemnification

At NOVARE’s request, you agree to defend, indemnify and hold harmless NOVARE and its subsidiaries, affiliates, officers, directors, agents, shareholders, co-branders or other partners and employees from any demands, claims of liability, expenses, (including attorney’s fees), made against NOVARE by any third party due to or arising out of any content you submit, post to or transmit through the Site, or in connection with your use of the Site, your providing links to the Site, your violation of these Terms of Use or your violation of any rights of another.

Choice of Law

These Terms of Use shall be governed by and interpreted according to the laws of the State of California without regard to choice of law principles, and you submit to the jurisdiction of the courts of State of California, Santa Clara County, and the United States District Court, Northern District of California, in the event any legal action arises concerning your use of this Site or the information provided on it.

Alternative Dispute Resolution

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises or such claim or cause of action is barred. Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be finally settled by binding arbitration in Santa Clara County, California under the Commercial Dispute Resolution Procedures of the American Arbitration Association by one arbitrator appointed in accordance with such Rules who is a retired judge of either a California appellate court or any federal court; provided, however, that neither party shall be precluded from seeking equitable relief in a court of competent jurisdiction. You expressly consent to the venue and jurisdiction of the courts of the State of California, Santa Clara County, and the United States District Court, Northern District of California, for purposes of confirming the award rendered in any arbitration held pursuant to this section and/or obtaining judgment thereon.

Severability and Integration

Should any part of these Terms of Use for any reason be declared invalid or unenforceable, such declaration shall not affect the validity of any remaining portions, which remaining portions shall remain in full force and effect as if these Terms of Use had been executed without including therein any such part or parts that were declared invalid.

Waivers

No failure on the part of NOVARE to enforce at any time or for any period of time any of the provisions of these Terms of Use nor any breach or series of breaches by you of any of the terms or conditions shall constitute a waiver of such provisions, or of any subsequent default in performance hereunder or of any subsequent breach of any terms and conditions thereof.

Termination

NOVARE reserves the right, in its sole discretion, to terminate your access to all or part of the Site with or without notice at any time.

Trademark and Copyright Information

The trademarks of NOVARE referred to on this Site are listed below. Other product names/brand names are trademarks of their respective owners. NOVARE’s trademarks, trade name, service marks, trade dress, and copyrighted materials (“Intellectual Property”) contained in this Site are valuable assets and are protected in the United States and/or internationally. Except to accurately identify NOVARE, our products or services, no use of any of the Intellectual Property may be made without the prior express written consent of authorized NOVARE personnel. The absence of a name or logo in this list does not constitute a waiver of any and all intellectual property rights that NOVARE may have.

The following are trademarks of NOVARE:

NOVARE, the N Logo, NOVARE SURGICAL SYSTEMS, ENCLOSE, ENDOLINK, ENDOLINKED, ENDOHAND, PALPABLE PERFORMANCE, REALHAND, the REALHAND Logo, THERMASEAL, and TRUE MOVEMENT SYSTEMS.

NOVARE, the N Logo, NOVARE SURGICAL SYSTEMS, ENCLOSE, ENDOLINK, PALPABLE PERFORMANCE, REALHAND, the REALHAND Logo, and TRUE MOVEMENT SYSTEMS are Registered in U. S. Patent and Trademark Office; NOVARE, the N Logo, and REALHAND are registered European Community Trademarks; and REALHAND is registered in Japan.

Copyright Notice

Unless otherwise noted, the Content is the exclusive property of NOVARE or others as indicated. You may copy information from this Site for your personal or educational use only, provided that each copy includes all copyright and trademark notices or attributions as they appear on the pages copied. The Content may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes, except as provided in these terms and conditions without the express written permission of NOVARE. You may not use the Content in any manner that may give a false or misleading impression or statement. Nothing on this Site shall be construed as conferring any license of any intellectual property rights, whether by estoppel, implication or otherwise.


By using the NOVARE site, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site. Your continued use of the NOVARE site following the posting of changes to these terms will mean that you accept these changes.

Our Commitment

NOVARE respects your concern about privacy. This privacy policy will tell you how we protect your personal information, and will describe the choices you have concerning our use of such information. Please read this policy carefully. We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer to this policy regularly.

Online Information Gathering

Types of information collected by this site: Information collected online is often defined as being either personally identifiable or anonymous:

• Personally Identifiable Information
Lets us know the specifics of who you are, such as your name, e-mail address or postal address.

• Anonymous Information
Is information that cannot be tied back to a specific individual.

Personally Identifiable Information

The choice of how much of your personally identifiable information is disclosed to NOVARE is left completely up to you.

The only way we know something about you is when you use a personalized service, or you voluntarily disclose your information such as a credit card number, address, phone number, fax number, e-mail address, demographic, and other personal and financial information when you transact business at our site, communicate on the site by sending us an e-mail, or fill in a form.

In some cases, such as on list services, discussion boards, or other forums, any personal information provided may become publicly available. Users should be aware that when they voluntarily disclose such personal information (e.g. user name and e-mail address as used in a signature line), that information can be collected and used by others and may result in unsolicited messages from other posters or parties.

Collection of IP addresses. When visiting any Internet site your unique address, called an “IP address”, is recorded. The amount of information about users made available from their IP addresses varies greatly, for instance depending on how they are connected to the Internet. NOVARE does not release any information about the collection of this address to any third parties. NOVARE archives the logging of IP addresses for security reasons.

Anonymous Information:

NOVARE collects and archives basic logging for site statistics. These log files show the daily number of visitors to our site and its subdirectories, the daily requests we receive for particular files, what server locations those requests come from, including from which countries, as well as the domain name of the server or browser accessing the NOVARE site. These aggregated statistics are primarily used internally to provide better service to the public, but may also be provided to others.

Non-disclosure

NOVARE does not sell, rent, lend or give personally identifiable information collected from you on NOVARE’s web site to marketers. The one exception is that, although unlikely, NOVARE may be required by law enforcement or judicial authorities to provide personally identifiable information. In these cases, we will provide this information as and to the extent we have determined that the disclosure of any such information is appropriate.

Links

Users may find links to other sites or services on the NOVARE site. We do not control the content or links that appear on these sites. In addition, these sites or services, including their contents and links, may be constantly changing. The fact that we have made these links available to you is not an endorsement or recommendation to you by NOVARE. We provide these links only as a convenience.

Other companies linked to this site may collect information about you when you view or visit these sites or click on these links. We cannot control this collection of information. You should contact these content providers directly if you have any questions about their use of the information they collect. These sites and services may have their own privacy policies, or no policy at all. We encourage you to review the privacy policies of any third party sites or services before providing any of them with your personal information.