Terms of Use

Last Updated: January 23, 2020

Please read these terms and conditions carefully before using Our Service.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Terms of Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You are prohibited from violating, or attempting to violate the security or availability of the Services.

In using the Services, you agree not to:

  • circumvent or attempt to circumvent any security measures of the Services;
  • attempt to obtain personal information, or collect information about users of the Services;
  • reverse engineer or otherwise attempting to discover the source code of any portion of the Services;
  • interfere with the operation of the Services or any user’s enjoyment of the Services, including by: (a) uploading or otherwise any disseminating virus, adware, spyware, worm, or other malicious code; (b) interfering with or disrupting any network, equipment, or server;
  • violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
  • post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
  • manipulate or otherwise display the websites or services by using framing, mirroring or similar navigational technology; or
  • Violate any applicable laws or regulations or these Terms of Service

PRIVACY AND PERSONAL INFORMATION

Navio’s Privacy Policy (the “Privacy Policy”), as it may change from time to time, is a part of these Terms of Service and is incorporated herein by this reference. Navio reserves the right to use and disclose your information in the manner consistent with the Privacy Policy.

NO MEDICAL ADVICE

You understand and acknowledge that you are responsible for your own medical care, treatment, and oversight. All of the content provided on our websites and Services are for informational purposes only and are not intended to be a substitute for independent professional medical judgment, advice, diagnosis, or treatment. You understand and acknowledge that you should always seek the advice of your physician or other qualified healthcare provider with any questions or concerns you may have regarding your health. You also understand and acknowledge that you should never disregard or delay seeking medical advice relating to treatment or standard of care because of information featured on or transmitted through our Services.

Our Services may contain information regarding research studies, clinical trials, and clinical treatments. This is informational only and does not constitute an endorsement of any kind by Navio of the study, trial, or treatment. Navio assumes no responsibility for informing users regarding any such studies, trials, and treatments and makes no guarantee as to the completeness or accuracy of such information. Navio also assumes no responsibility for connecting any user with the provider of a research study, clinical trial or clinical treatment. Furthermore, Navio assumes no responsibility for ensuring the qualification of a user or participation of any user in any such study, trial or treatment. It is the responsibility of each user to contact the relevant investigators and pursue participation in a study, trial or treatment.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

ALL CONTENT IN OUR WEBSITE AND SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NAVIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.

You agree to indemnify, defend and hold Navio and its directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; or (ii) your activities in connection with our Services.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the State of California, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 7 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: privacy@navio.com

NAVIO TERMS OF SERVICE 

United Kingdom

Last Updated: September 2021.

These Terms of Service (“Terms”) apply to your access to and use of the websites, mobile applications and other online services (collectively, the “Services”) provided by Navio Theragnostics, Inc. (“Navio” or “we”). By clicking [“I Accept”] or by using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 15. If you do not agree to these Terms, do not use our Services.

If you have any questions about these Terms or our Services, please contact us using the information provided below in Section 21 For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy which is incorporated herein by reference.

  1. Our Services; No Cost to You
  2. Overview. Our Services provide those diagnosed with certain types of cancer with access to providers of relevant research studies, tests, clinical trials and clinical treatments, which ultimately helps to inform care options for the broader community. Our Services connect you with “Care Teams” that help guide you throughout your treatment journey by providing personalized and timely studies, tests, treatments and trials relevant to your diagnosis. Through our Services, and pursuant to the Terms and Privacy Policy, you have access to treatment planning, daily management of medications, labs and appointments, and the ability to record symptoms and how you feel to better inform your Care Team.
  1. No Medical Advice

Our Services are for informational purposes only and do not nor should not be construed to provide medical advice. You understand and acknowledge that you are responsible for your own medical care, treatment and oversight and that you should always seek the advice of your physician or other qualified healthcare provider with any questions or concerns you may have regarding your health. You also understand and acknowledge that you should never disregard or delay seeking medical advice relating to treatment or standard of care because of information featured on or transmitted through our Services. Use of and access to our Services does not create a doctor-patient relationship.  Any and all personal information, including protected health information, collected, used or shared by Navio shall be subject to our Privacy Policy.

  1. Eligibility

You must be at least 18 years of age, or the age of legal majority where you live, to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you are not permitted to use our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us. You must not have more than one account while using our Services.

  1. User Accounts and Account Security

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames. If you wish to deactivate your account, please email us at privacy@navio.com, but note that we may retain certain information as required by law or for our legitimate business purposes.

  1. Prohibited Conduct and Content
  2. You are solely responsible for your conduct while using our Services. You will not:
  • Violate any applicable law, contract, intellectual property right or other third-party right or commit a tort;
  • Use or attempt to use another user’s account without authorization from that user and Navio;
  • Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Sell, resell or commercially use our Services;
  • Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors; 
  • Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services; 
  • Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
  • Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
  • Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services; 
  • Develop or use any applications that interact with our Services without our prior written consent;
  • Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
  • Bypass or ignore instructions contained in our robots.txt file; or
  • Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
  1. Enforcement of this Section 5 is solely at Navio’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 5 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
  2. Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Navio or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

  1. Trademarks

NAVIO THERAGNOSTICS, NAVIO, and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Navio and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us. 

  1. Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Navio or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish or improve the Feedback in Navio’s sole discretion. You understand that Navio may treat Feedback as nonconfidential. 

  1. Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). Third-Party Content may include, but is not limited to, information regarding research studies, tests, clinical trials and clinical treatments. We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Navio does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

  1. Indemnification

     Not used. 

  1. Disclaimers

Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Navio does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Navio attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

  1. Limitation of Liability
  2. To the fullest extent permitted by applicable law, Navio and the other Navio Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Navio or the other Navio Parties have been advised of the possibility of such damages.
  1. The total liability of Navio and the other Navio Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of £100 or the amount paid by you to use our Services.
  1. The limitations set forth in this Section 12 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Navio or the other Navio Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
  2. Release

To the fullest extent permitted by applicable law, you release Navio and the other Navio Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. 

  1. Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries,      but you will continue to have the same rights and protections as you do under local law.  Please review our Privacy Policy     .

  1. Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Navio and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial. 

  1. No Representative Actions. You and Navio agree that any dispute arising out of or related to these Terms or our Services is personal to you and Navio and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
  2. Arbitration of Disputes. Subject to your rights at law and e     xcept for small claims disputes in which you or Navio seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Navio seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Navio waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services      (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against Navio you agree to first contact Navio and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Navio by email at privacy@navio.com or by certified mail addressed to 44 Tehama St., San Francisco, CA 94105. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Navio cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in San Francisco County, California unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 17, a “consumer” means a person using the Services for personal, family or household purposes.  You and Navio agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason. 
  3.      The arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. 
  4. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute.  The arbitrator, Navio and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.  
  5. You and Navio agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of      £250 if you are a consumer), and Navio will pay the remaining JAMS fees and costs. For any arbitration initiated by Navio, Navio will pay all JAMS fees and costs. You and Navio agree that the      courts of      England and Wales have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. 
  6. Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Navio will not have the right to assert the claim. 
  7. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 15 by email at privacy@navio.com or by certified mail addressed to 44 Tehama St., San Francisco, CA 94105. . In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 15.
  8. If any portion of this Section 15 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 15 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 15; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 15 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 15 will be enforceable. 
  9. Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of      England and Wales      Any dispute between the parties that is not subject to arbitration      will be resolved in the      courts of      England and Wales     .

  1. Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

  1. Amendments

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

  1. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

  1. Miscellaneous
  2. The failure of Navio to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. 
  1.       Not used.
  2. Contact Us

If you have any questions about these Terms of Service, you can contact Navio:

San Francisco, CA 94105

NAVIO TERMS OF SERVICE 

United Kingdom

Last Updated: September 2021.

These Terms of Service (“Terms”) apply to your access to and use of the websites, mobile applications and other online services (collectively, the “Services”) provided by Navio Theragnostics, Inc. (“Navio” or “we”). By clicking [“I Accept”] or by using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 15. If you do not agree to these Terms, do not use our Services.

If you have any questions about these Terms or our Services, please contact us using the information provided below in Section 21 For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy which is incorporated herein by reference.

  1. Our Services; No Cost to You
  2. Overview. Our Services provide those diagnosed with certain types of cancer with access to providers of relevant research studies, tests, clinical trials and clinical treatments, which ultimately helps to inform care options for the broader community. Our Services connect you with “Care Teams” that help guide you throughout your treatment journey by providing personalized and timely studies, tests, treatments and trials relevant to your diagnosis. Through our Services, and pursuant to the Terms and Privacy Policy, you have access to treatment planning, daily management of medications, labs and appointments, and the ability to record symptoms and how you feel to better inform your Care Team.
  1. No Medical Advice

Our Services are for informational purposes only and do not nor should not be construed to provide medical advice. You understand and acknowledge that you are responsible for your own medical care, treatment and oversight and that you should always seek the advice of your physician or other qualified healthcare provider with any questions or concerns you may have regarding your health. You also understand and acknowledge that you should never disregard or delay seeking medical advice relating to treatment or standard of care because of information featured on or transmitted through our Services. Use of and access to our Services does not create a doctor-patient relationship.  Any and all personal information, including protected health information, collected, used or shared by Navio shall be subject to our Privacy Policy.

  1. Eligibility

You must be at least 18 years of age, or the age of legal majority where you live, to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you are not permitted to use our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us. You must not have more than one account while using our Services.

  1. User Accounts and Account Security

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames. If you wish to deactivate your account, please email us at privacy@navio.com, but note that we may retain certain information as required by law or for our legitimate business purposes.

  1. Prohibited Conduct and Content
  2. You are solely responsible for your conduct while using our Services. You will not:
  • Violate any applicable law, contract, intellectual property right or other third-party right or commit a tort;
  • Use or attempt to use another user’s account without authorization from that user and Navio;
  • Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Sell, resell or commercially use our Services;
  • Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors; 
  • Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services; 
  • Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
  • Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
  • Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services; 
  • Develop or use any applications that interact with our Services without our prior written consent;
  • Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
  • Bypass or ignore instructions contained in our robots.txt file; or
  • Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
  1. Enforcement of this Section 5 is solely at Navio’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 5 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
  2. Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Navio or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

  1. Trademarks

NAVIO THERAGNOSTICS, NAVIO, and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Navio and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us. 

  1. Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Navio or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish or improve the Feedback in Navio’s sole discretion. You understand that Navio may treat Feedback as nonconfidential. 

  1. Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). Third-Party Content may include, but is not limited to, information regarding research studies, tests, clinical trials and clinical treatments. We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Navio does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

  1. Indemnification

     Not used. 

  1. Disclaimers

Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Navio does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Navio attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

  1. Limitation of Liability
  2. To the fullest extent permitted by applicable law, Navio and the other Navio Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Navio or the other Navio Parties have been advised of the possibility of such damages.
  1. The total liability of Navio and the other Navio Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of £100 or the amount paid by you to use our Services.
  1. The limitations set forth in this Section 12 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Navio or the other Navio Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
  2. Release

To the fullest extent permitted by applicable law, you release Navio and the other Navio Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. 

  1. Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries,      but you will continue to have the same rights and protections as you do under local law.  Please review our Privacy Policy     .

  1. Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Navio and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial. 

  1. No Representative Actions. You and Navio agree that any dispute arising out of or related to these Terms or our Services is personal to you and Navio and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
  2. Arbitration of Disputes. Subject to your rights at law and e     xcept for small claims disputes in which you or Navio seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Navio seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Navio waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services      (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against Navio you agree to first contact Navio and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Navio by email at privacy@navio.com or by certified mail addressed to 44 Tehama St., San Francisco, CA 94105. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Navio cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in San Francisco County, California unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 17, a “consumer” means a person using the Services for personal, family or household purposes.  You and Navio agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason. 
  3.      The arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. 
  4. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute.  The arbitrator, Navio and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.  
  5. You and Navio agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of      £250 if you are a consumer), and Navio will pay the remaining JAMS fees and costs. For any arbitration initiated by Navio, Navio will pay all JAMS fees and costs. You and Navio agree that the      courts of      England and Wales have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. 
  6. Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Navio will not have the right to assert the claim. 
  7. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 15 by email at privacy@navio.com or by certified mail addressed to 44 Tehama St., San Francisco, CA 94105. . In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 15.
  8. If any portion of this Section 15 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 15 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 15; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 15 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 15 will be enforceable. 
  9. Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of      England and Wales      Any dispute between the parties that is not subject to arbitration      will be resolved in the      courts of      England and Wales     .

  1. Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

  1. Amendments

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

  1. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

  1. Miscellaneous
  2. The failure of Navio to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. 
  1.       Not used.
  2. Contact Us

If you have any questions about these Terms of Service, you can contact Navio:

San Francisco, CA 94105