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Privacy Policy

Terms & Conditions
These terms and conditions of use govern your use of this web site, www.novabiomedical.com (the “Site”). The Site provides information about Nova Biomedical Corp. (“Nova”) and our products and services. If eligible, you also may place orders for certain of products or services through the Site. Any orders are subject to our acceptance and our Terms and Conditions of Sale.

While we anticipate you will find information we make available through the Site useful, please note that your use of Site and the information available through it, is limited in important ways. These limitations appear in this document, our terms and conditions of use (“Agreement”). Please read them carefully. By accessing and using the Site, we will deem you to have accepted the terms of this Agreement. If you do not accept them, we do not grant you permission to, and you may not, use the Site.

Information about Products and Services:
The web site may provide information generally about our products and services. We strive to ensure that this information is accurate, but it does not constitute a representation or warranty regarding a product or service. Any representation or warranty we give you is only contained in the terms of sale applicable to your receipt of a product or service.

Also, this web site is not intended to and does not provide medical advice. You should seek the advice of your physician or another competent medical professional to address any questions or concerns you may have regarding your medical care.

Certain information regarding our product or services is only intended to be directed toward residences of certain jurisdictions. To the extent we are not permitted by applicable law to provide any of our products or services to you, that information does not apply to you.

Intellectual Property Rights:
As between us, all content available through the Site and all intellectual property interests in the Site and our products and services belongs to us. Nova authorizes you to view, electronically copy and to print in hard copy portions of this web site solely for your personal, non-commercial use, provided that you preserve any copyright or other proprietary notices. You are not permitted to systematically access or download any information available through the Site. Any other use of materials on this web site, including, but not limited to, reproduction, modification, distribution or publication for any commercial or public purposes, without the prior written permission of Nova is prohibited.

Nova, Nova Biomedical, Stat Profile, pHOx, and BioProfile are all trademarks of ours and may not be used by you for any reason. All other trademarks, service marks, product names and company names or logos appearing on this web site are the property of their respective owners.

Disclaimer of Warranty and Limitation of Liability:
YOUR USE OF THIS WEB SITE IS ENTIRELY AT YOUR OWN RISK. THIS WEB SITE AND ITS CONTENTS ARE PROVIDED AS IS, AS AVAILABLE, AND WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, NOVA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOVA DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER NOVA NOR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR MERCHANTS (COLLECTIVELY, ITS "ASSOCIATES") SHALL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF OR INABILITY TO USE THIS WEB SITE.

Privacy and Data:
Your privacy is very important to Nova. Please see our Privacy Statement, which is available here. Additionally, you acknowledge that, if you are visiting this web site from outside of the United States, any information you submit through the web site will result in the transfer of information across international borders. You agree to such transfer and to the transfer of any personal information from your current location to the offices of Nova (or to its agents and service providers) located in the United States and other countries.

Your Representations and Warranties:
By using this web site, you hereby represent and warrant that: (1) you have the legal power and authority to agree to, and be bound by, these Terms and Conditions; (2) if you are under the age of eighteen, you will not provide Nova with any personal information through this web site; and (3) if you have provided information to us in connection with your use of this web site, such information is true and accurate.

Miscellaneous:
These Terms and Conditions state your entire agreement with Nova regarding the use of this web site. If any portion of these Terms and Conditions is held invalid or unenforceable, the balance of these Terms and Conditions shall remain in full force and effect.

This web site may include links to web sites or web pages operated by third parties, or other web sites or web pages may link to our web site or to specific pages within the web site. Nova does not monitor, filter, edit, or censor the materials or information appearing on these other web sites or web pages. Nova assumes no liability or responsibility for these other web sites or web pages or their content. Any link to or from a third-party web site or web page is not an endorsement of that web site or web page by Nova.

You agree that this Agreement and any dispute arising out of or related to this Agreement or your use of the Site shall be governed by the laws of the Commonwealth of Massachusetts, United States of America, without regard to any choice-of-law provision that may cause the laws of any other jurisdiction to be applied.

You agree that you will submit to arbitration by the American Arbitration Association any controversy or claim arising under or related to this Agreement you may have. The location of any such arbitration shall be Boston, Massachusetts, United States of America. Any court having jurisdiction over the matter may enter a judgment upon the award of the arbitrator. You agree that Nova need not arbitrate any claim for equitable relief it may have against you.

You agree that the state or federal courts located in Boston, Massachusetts, United States of America, shall have exclusive jurisdiction and venue over any action arising out of or relating to this Agreement or your use of the Site. You waive any claim that a court located in Boston, Massachusetts, United States of America lacks personal jurisdiction over you, is an improper venue, or is an inconvenient forum. You must bring any action you have against Nova within one year after the cause of action arises.

This Agreement is effective as of the date you first access any web page on the Site. Nova may modify this Agreement at any time. Any modifications to this Agreement will be effective immediately the next time you access the Site after any amended agreement is posted, so please review this Agreement each time you access the Site. Your continuing to access the Site constitutes your acceptance of any modification to this Agreement in effect at the time of your access. No modification or attempted modification of this Agreement by you shall be binding on Nova.

TERMS AND CONDITIONS OF SALE

The following terms and conditions of sale (the “Terms”) govern orders for products from Nova Biomedical Corp. (“Nova”). By ordering products from Nova, you agree to be bound by the Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT KEEP ANY PRODUCT YOU RECEIVE. INSTEAD, YOU MUST RETURN ANY SUCH PRODUCTS WITHIN 10 DAYS OF YOUR RECEIPT FOR A FULL REFUND.

  1. Orders: All orders are subject to Nova’s approval and acceptance. No order will be binding on Nova unless and until Nova accepts it.
  2. Shipping: Unless a particular means of shipment is requested in an order, Nova will determine how to deliver products in its discretion. The costs and expenses for shipping are your responsibility.
  3. Risk of Loss: Risk of loss for any products shipped to you passes from us to you when we deliver the product to a common carrier at our facilities. Therefore, you bear the risk of loss or damage during shipping. If you want to insure your shipment, you must indicate so in your order.
  4. Title: Title to products (other than title to software product or software embedded within products we sell) passes from us to you on the later of your payment in full for the product or when we deliver the product to a common carrier at our facilities.
  5. Software: Any software incorporated into or supplied with any products is licensed, not sold. Nova hereby grants you a nonexclusive license to use any such software only in connection with the product it is incorporated into or with which it is provided. You shall not, and shall not allow any other person to, modify, reverse engineer, decompile, disassemble, make a derivative or collective work using or otherwise copy or use the software except as expressly permitted in these terms. You shall not lend, rent, lease, sublicense, or otherwise transfer software to any other person.
  6. Payment: Payment is due in full at the time the order is placed, unless Nova has agreed to alternative payment terms in advance. You are responsible for any sales, use, transfer, import or other taxes or duties imposed on your purchase, receipt or use of any products you receive from us (other than taxes on Nova’s net income).
  7. Our Warranty: Nova warrants that any product you purchase from us will substantially conform to its product specifications for ninety (90) days from the date we deliver the product. While still under warranty, Nova will repair or replace a defective product without charge. If, however, Nova determines that a product was damaged through no fault of Nova’s or used not in accordance with its specifications, you will be responsible for any repair or replacement of such a product. For warranty claims, send the product, in its original packaging and including a copy of our bill of sale to: Nova Biomedical Corp., 200 Prospect Street, Waltham, MA 02454-9141 U.S.A. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
  8. Your Warranty and Indemnification: You represent and warrant that any product you receive from us will be for your own, personal use; that your order, receipt and use of any such product shall be in compliance with all applicable laws; and that you will only use any such product in accordance with its specifications. You shall indemnify, defend and hold Nova and its officers, directors, employees and agents from and against any claim arising out of or related to an alleged breach by you of these Terms or to your negligent acts or omissions relating to any product or its use.
  9. WARRANTY DISCLAIMER: EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, ANY PRODUCTS NOVA PROVIDES YOU, AND ANY LICENSED SOFTWARE PROVIDED WITH OR INCORPORATED INTO ANY PRODUCTS, ARE PROVIDED AS IS, AS AVAILABLE AND WITH ALL FAULTS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY AND ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY ARISING OUT OF A COURSE OF DEALING ARE HEREBY DISCLAIMED. SOME STATES DO NOT ALLOW DISCLIAMERS OR IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
  10. LIABILITY LIMITATION: IN NO EVENT SHALL NOVA OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, REGARDLESS OF THE BASIS OF THE CLAIM, THE THEORY UNDER WHICH THE CLAIM IS PRESENTED OR THE FORM OF ACTION IN WHICH SUCH CLAIM IS MADE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF ANY PRODUCT NOVA PROVIDES, EVEN IF ADVISED OF THE POSSIBLITY THEREOF. THE MAXIMUM LIABILITY OF NOVA AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FOR ANY CLAIM ARISING UNDER OR RELATED TO THESE TERMS OR THE USE OF A PRODUCT SHALL BE LIMITED TO THE ACTUAL AMOUNT RECEIVED BY NOVA FOR THE PURCHASE OF THAT PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  11. Entire Agreement: These Terms constitute the entire agreement between Nova and you with respect to your ordering, purchase or receipt of any product from Nova. All other prior or contemporaneous agreements, understandings, negotiations, discussions, representations, warranties or other statements, whether written or oral, with respect to the subject matter of these terms, are hereby superseded. These Terms may only be amended by a writing, physically signed by Nova’s authorized agent. Any other terms that you may present that alter or vary from these terms are hereby rejected and shall be of no force or effect.
  12. Governing Law: These Terms, and any dispute arising out of, or relating to, them or the use of any products provided by Nova shall be governed by the laws of the Commonwealth of Massachusetts, United States of America, without regard to any choice-of-law provision that would lead to the application of the law of any other territory. You and we expressly disclaim the application of the United Nations Convention on the International Sale of Goods.
  13. Arbitation: You agree that you will submit to arbitration by the American Arbitration Association any controversy or claim arising under or related to this Agreement you may have. The location of any such arbitration shall be Boston, Massachusetts, United States of America. Any court having jurisdiction over the matter may enter a judgment upon the award of the arbitrator. You agree that Nova need not arbitrate any claim for equitable relief it may have against you.
  14. Exclusive Forum: You agree that the state or federal courts located in Boston, Massachusetts, United States of America, shall have exclusive jurisdiction and venue over any action arising out of or relating to these terms or the use of products provided by Nova. You waive any claim that a court located in Boston, Massachusetts, United States of America lacks personal jurisdiction over you, is an improper venue, or is an inconvenient forum. You must bring any action you have against Nova within one year after the cause of action arises.
  15. Assignment: You may not assign or transfer this Agreement to any other party, in whole or in part, without the prior written consent of Nova. Any attempt to do so shall be null and void.
  16. Export Prohibited: You shall not, directly or indirectly, export, re-export or transship any product purchased under these Terms.
  17. Severability: If any provision of the Terms is held or deemed invalid or unenforceable, to the extent permitted under applicable law it will be construed by modifying it so as to be valid and enforceable to the maximum extent compatible with applicable law. If any provision of the Terms is held invalid or unenforceable, it shall not invalidate, render unenforceable or otherwise affect any other provision hereof.
  18. Force Majeure: Nova shall not be liable for any damages or penalties for delay arising from these Terms or for failure to give notice of delay when such delay is due to the elements, acts of God, acts of the purchaser, acts of civil or military authority, acts of terrorism, fires or floods, epidemics, quarantine restrictions, war, riots, strikes, lock-outs or other labor disputes, delays in transportation, delays in delivery by vendors and any other causes, without limitation, that are beyond the reasonable control of Nova.
  19. United States Government Restricted Rights: Any software incorporated into or provided with any products (i) was developed solely at private expense; (ii) contains “restricted computer software” submitted with restricted rights in accordance with section 52.227-19 (a) through (d) of the Commercial Computer Software-Restricted Rights Clause and its successors, and (iii) in all respects are proprietary data belonging to Nova and/or its licensors. For Department of Defense units, the Product is considered commercial computer software in accordance with DFARS section 227.7202-3 and its successors, and use, duplication, or disclosure by the Government is subject to restrictions set forth herein.
  20. Notice: Any inquiries you may have or any notice required to be given Nova are to be sent to: Nova Biomedical Corporation, 200 Prospect Street, Waltham, MA 02454-9141 U.S.A.