Terms of Use

© 2017 Nuvaira, Inc. All rights reserved.

Nuvaira, Inc. (“Nuvaira”) maintains this website (“Site”) as a service to its clients and the general public. The following terms and conditions govern your access to and use of the Site, including any content, functionality and services offered on or through the Site.

ACCEPTANCE OF TERMS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. By accessing and using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is incorporated by reference into these Terms of Use and may be viewed at Privacy Policy. If you do not agree to be bound by the Terms of Use, you must not access or use the Site.

USE OF MATERIALS ON THE SITE

The content, features and functionality of the Site are owned by Nuvaira and our licensors and vendors, and are protected under applicable U. S. and international copyright and other laws. You may download or print a reasonable number of copies of small amounts of the material on the Site free of charge, for non-commercial, personal or internal business use only. When you download or print a copy of any materials from the Site, you must also retain all copyright, trademark and other notices that are in the materials, including the copyright notice at the bottom of the page. You may not modify or alter the proprietary notices in any way. In addition, save with Nuvaira’s prior written consent, you may not alter or modify any of the content that you download or print from the Site. You may not use any content from the Site in a manner that attributes a false or misleading statement to Nuvaira or any third parties. Except as provided above, the reproduction of all or any part of the materials contained on this Site for any other purpose, in any format or media, or the creation of any derivative works, without the express written permission of Nuvaira are prohibited. Without derogating from the generality of the foregoing, Nuvaira does not permit the unauthorized framing of the Site nor any re-transmission, communication to the public, showing in public or distribution of the Site or its content (in whole or in part) by any other means and all such acts require the prior written consent of Nuvaira which may be granted or withheld in our sole discretion. Save as provided above, nothing contained on the Site shall be construed as conferring any license to or right under any Nuvaira patent, copyright or trademark.

TRADEMARKS

Nuvaira and “Breathe Easier. For Life.”, are trademarks of Nuvaira, Inc which may be registered or subject to applications for registration from time to time in certain jurisdictions. The names of other companies and products mentioned in the Site may be the trademarks of their respective owners. Nuvaira does not permit its trademark to be displayed or exploited in any manner without our express prior permission. To request our permission to use a Nuvaira mark, please contact us using the “Contact Us” feature. Any rights relating to the Site, its content or our intellectual property and proprietary rights not expressly granted herein are reserved.

MINIMUM AGE

Only persons aged 16 years and older may use this Site. By continuing to use the Site after viewing these Terms of Use, you represent that you are at least 16 years old.

YOUR COMMUNICATIONS WITH US AND DETAILS YOU PROVIDE ABOUT YOURSELF

You may choose to provide us with information about yourself through the Site or to provide such information to us through direct communications with us, including information regarding your identity, contact details and health-related information. You promise and warrant to us that any such information that you provide to us about yourself will be true and not misleading and, to the extent that we continue to communicate with you and the matter is relevant to our relationship with you, you will update us if any of that information is no longer true or if it becomes misleading. Please refer to our Privacy Policy or information on how we process personal information that may be collected through the Site.

 

Except where we specifically invite users to answer questions in order to assess their potential eligibility for participating in clinical trials for our products (which you should only respond to if you wish to be considered for those trials), we do not encourage users to provide us with health information or any other personal information about themselves. If any such information is provided to us, we will seek to be helpful and will treat such information in accordance with the requirements of applicable law. We may not keep a record of such information that you provide to us and may decide to delete or dispose of such records at any time at our sole discretion.

APPLICABLE LAWS

Nuvaira controls and operates this Site from the United States of America. This Site contains information about products which may or may not be available in any particular country, and if available, may have received approval or market clearance by a government regulatory body for different indications and restrictions in different countries. Each country has specific laws, regulations, and medical practices governing the communication of medical or other information about medical products on the Internet. Nothing on this Site should be construed as a solicitation or promotion for any product which is not authorized by the laws and regulations of the state or country where you are located, or to imply that Nuvaira intends to announce or offer any product or service in your country. References to Nuvaira’s products and to health and medical matters in the Site are provided for information only.

NOT MEDICAL ADVICE

This Site may contain information on medical and health-related topics. This information is not meant to be a equivalent to to the professional judgement of a health professional in diagnosing and treating patients nor substitute for the advice provided by your own physician or other medical professional. You should not use this information for diagnosing a health problem or disease but should always consult your own physician.

THIS SITE IS NOT INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PRACTICE OF HEALTH CARE SERVICES BY Nuvaira. YOUR USE OF THE SITE DOES NOT CREATE A PHYSICIAN / PATIENT, CONFIDENTIAL, OR PRIVILEDGED RELATIONSHIP, OR ANY OTHER RELATIONSHIP THAT WOULD GIVE RISE TO ANY DUTIES ON THE PART OF Nuvaira.

LINKS TO OTHER SITES

This Site may contain links to websites not operated by Nuvaira. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other websites. We are not responsible for the performance or content of those sites or for your business dealings with them. Your use of other websites is subject to the terms of use and privacy policies of those sites.

DISCLAIMER

THE INFORMATION ON THIS SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Nuvaira DISCLAIMS ALL WARRANTIES THAT MAY BE IMPLIED BY THESE TERMS OF USE, BY CUSTOM OF TRADE OR BY LAW, OR OTHERWISE HOWSOEVER, IN RELATION TO THE SITE, ITS CONTENT AND IN RELATION TO Nuvaira’S PRODUCTS, SERVICES AND INTELLECTUAL PROPERTY RIGHTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Nuvaira MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION CONTAINED ON THIS SITE WILL BE TIMELY, ERROR FREE OR WITHOUT VIRUSES.

LIMITATION ON LIABILITY

INSOFAR AS SUCH LIABILITY CAN BE LAWFULLY LIMITED OR DISCLAIMED UNDER APPLICABLE LAW, IN NO EVENT WILL Nuvaira, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, LOSS DUE TO BUSINESS INTERRUPTION, OR LOSS OF DATA, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY ARISING IN CONNECTION WITH OR IN ANY WAY RELATED TO THE USE OF THIS SITE OR ANY OTHER HYPERLINKED WEBSITE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY OR ANY CONTENT OF THIS SITE OR ANY OTHER WEBSITE, EVEN IF Nuvaira IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

GOVERNING LAW

These terms and conditions shall be governed by and construed in accordance with the federal laws of the United States of America, and to the extent U.S.A. federal law incorporates or defers to state law, the laws of the State of Minnesota (without regard to the conflict of laws, thereof). Any action or proceeding arising from the use of the Site shall be (insofar as permitted under applicable law) exclusively subject to the jurisdiction of the federal district court in the Fourth District of Minnesota.

CHANGES TO THESE TERMS OF USE AND THE SITE

Nuvaira reserves the right to make changes to these Terms of Use from time to time without notice. Nuvaira may modify the content of the Site at any time, and may discontinue, make improvements to and/or changes in the products or programs described on this Site at any time in its sole discretion.

INQUIRIES AND COMPLAINTS

Any enquiries or complaints relating to the Site should be addressed to info@nuvaira.com or sent to: Nuvaira, Inc., 3750 Annapolis Lane N., Suite 105, Plymouth, MN 55447.