Terms of Use
Understand your rights to safe and fair use of Novellia
These Terms of Use (the "Terms") describe the terms and conditions that apply to your access and use of our website located at https://www.novellia.com (the "Site"), and the products, services, information, tools, and features located on the Site (collectively, the "Services"), as owned and operated by Novellia, Inc., a Delaware corporation ("Novellia", "we", "us", or "our").
Table of contents
Accepting the Terms
Description of the Services
Accuracy and Limitations of the Services
Representation & Warranties
Unlawful or Prohibited Use
Third-Party Interactions
Novellia Privacy Policy and Disclosure of Information
Security
License to Feedback
Novellia's Intellectual Property Rights
User Content
Indemnity
Modification to Service
Termination
Disclaimer of Warranties
Limitation of Liability
Dispute Resolution
Term for Causation
Miscellaneous
Contact Us
1. Accepting the Terms
By visiting the Site or using the Services, you agree to be bound by these Terms and Novellia's Privacy Policy , which is incorporated into and made a part of these Terms. These Terms, including any other policies and documents expressly incorporated into these Terms, constitute a legally binding agreement between you and Novellia. If you have been authorized to and are helping another person use the Services, these Terms constitute a legally binding agreement among you as a helper of that other person (a "Representative"), the person being helped, and Novellia. Novellia may choose to amend, modify, replace, update or change the Terms from time to time and provide prior notice to you when doing so. Such amendments will become effective upon posting to the Site, via the Services, or by sending you an email or other notification. It is your responsibility to check these Terms periodically for changes. By continuing to use the Services after the date on which the Terms have changed, you agree to accept all such amendments to the Terms. By accessing the Site or using the Services after any amendment to these Terms, you are agreeing to be bound by the amended Terms and that any content, data, personal health information, and any other information you have provided to us will be subject to the amended Terms and Privacy Policy. How Not to Accept these Terms. Please do not access or use the Services if you do not accept the Terms. You can avoid the application of these Terms at any time by no longer accessing or using our Services; however, your use of the Services and the information provided prior to the rejection of the Terms will continue to be governed by the Terms you accepted previously.
2. Description of the Services
Novellia's Services allow us to access your health records in the United States. With your written consent in the form of a checkbox labeled "I agree to the HIPAA Privacy Rules and Novellia's Terms of Use" during the process in which you create an account, Novellia will retrieve, store, and manage your personal health information ("Patient Information"), which may include, but is not limited to: medical records (including radiological images, laboratory test results), self-reported survey answers, non-laboratory test results, your demographic information, your provider contact details, dates of treatment or diagnosis, and personal contact information about you and your Representative. Novellia's Services include, but are not limited to:
Your Patient Information: With your authorization, we may collect your Patient Information from Covered Entities, which are defined under HIPAA as your health insurers and those health care providers who engage in what HIPAA defines as Covered Transactions. Most of your health care providers are likely Covered Entities under HIPAA including most health care facilities, healthcare professionals, health insurers, HMOs, PPOs and many of your employers.
Research Support: We may use your data in connection with medical research to provide researchers with anonymized insights based on the information you provide and that we collect on your behalf. This analysis may include the use of AI algorithms and other predictive analysis tools
3. Accuracy and Limitations of the Services
Novellia is an online platform that allows you to access many of your health records in the United States. Because we receive those health records from your health insurers and health care providers, we cannot guarantee that the content, quality, interpretation, or recommendations contained in your health records, is 100% accurate. Our extraction, analysis, and interpretation of your information also is limited by current technology and regulation as well as scientific and medical knowledge, and is subject to change. Nothing can replace an in-person physician visit, and we encourage you to share any information you receive via Novellia with your current physician(s) treating your conditions. By using the Services, you acknowledge and agree that you are aware of and will assume the risks of the limitations of the Services as described below. You agree and accept that:
the Patient Information we retrieve on your behalf may not be comprehensive or fully updated because Novellia relies on information you and your insurers and health care providers provide to us.
Those insurers and health care providers control the quality and completeness of such information;
because of the reasons above, it's important to note that the information we extract and analyze from your records may not be accurate or comprehensive;
we cannot control the timeliness, relevance, or non-delivery of your records controlled by third parties, such as your insurers and health care providers;
while we perform quality control on our processes and procedures, we are not responsible for the content, quality, interpretations or recommendations of any records, your Novellia profile;
our extraction, summaries, or analysis of your information is limited by current technology and is subject to change based on technological innovations;
the Patient Information retrieved by Novellia and your Novellia profile may not be completely up-to-date or accurate;
our Services cannot be used as an electronic health record or electronic medical record. If you decide to share your Novellia profile with a third party, that party may download the information contained in your Novellia profile into their own EHR, EMR or other platform and modify it;
if you choose to share, disclose, distribute, release, or otherwise provide access to your information to any third party, our Privacy Policy and Terms of Use do not apply to their access, use, or disclosure of your information, including possible identification or further disclosure of your information by such parties to other third parties. Novellia is not responsible for any access, use, or disclosure of your information by such third parties;
any analysis conducted on your Patient Information is based on current knowledge of your conditions, and our analysis may change based on new knowledge about your conditions in the future;
even though you may provide us with all your Patient Information, we may not understand or know which variables contribute to your conditions based on limitations in current scientific and medical knowledge;
there are many variables that contribute to your health and wellbeing, such as your lifestyle, environment, and genetics, therefore Novellia's analysis of your Patient Information is limited and provisional;
you should never delay seeking advice from your existing physician(s) and medical professionals due to any information provided by Novellia;
any medical professionals relying on your Novellia profile to provide services to you may have incomplete information on your medical history and full medical record;
if you choose to share any information in your Novellia profile with a medical professional, such information may become part of your medical record and may be made available to medical insurers or other entities;
some claims or interpretations on our Services may not be validated by the scientific and/or medical community, or the Food and Drug Administration ("FDA");
any information you may receive from medical professionals in connection with our Services is limited and provisional, and may not be accurate; and,
the Services are limited in nature because they are conducted primarily via online and digital mediums.
To reduce any risk to you of these limitations, we strongly suggest that you share and discuss any information received from Novellia with your current physician(s).
4. What You Agree to When Using the Services
You have provided us with your legal name and you are the person you purport to be;
You're 18+ years old;
You are a resident of the United States and are only accessing the services from the United States.
The information provided to you is for informational purposes only and not for treatment, and that you should always consult your physician with regard to any medical advice, diagnosis, or other medical suggestions, whether implied or otherwise;
You are not accessing the Services on behalf of an insurance company;
To the extent reasonably possible, you will provide us with accurate and updated information about you;
Novellia and its affiliates are not responsible for your information sharing decisions; and, In addition you agree that:
some information available on our Services, may reveal medical and financial information about your health and/or that of your family members. You are fully aware of and accept the responsibility of the risks involved with receiving genetic or genomic information, such as receiving unexpected results or experiencing strong emotions in response to your results;
you will notify Novellia if you believe your information contained in the Novellia profile or Services is mislabeled, misidentified or otherwise inaccurate;
you understand that the information contained about you through our Services does not diagnose, prevent, mitigate, or treat any health condition, injury, illness or disease, and you must seek medical advice from a physician or other qualified healthcare professional for health care treatment;
you are not attempting to obtain information about any other person without that person's written consent;
when you choose to share information, Novellia and its affiliates are not responsible for any and all consequences resulting from the sharing of your results with others; and,
you waive your rights to any research or commercial products that are, or may be developed by Novellia, its affiliates, or its collaborating partners.
If you or someone else using your account violates the foregoing representations, Novellia has the right to suspend or terminate part of or the entirety of your account on a temporary or permanent basis at its sole discretion and without notice.
5. Unlawful or Prohibited Use
By using or accessing the Services provided by Novellia or any of its affiliates, you agree that you will not:
post or transmit files that contain viruses, worms, Trojan horses or any other contaminating or destructive features that may interfere with the proper functioning of the Services;
attempt to or actually disable, overburden, damage, impair, or override the Services or interfere with other party's use of the Services, including any security component of Novellia's Services;
attempt to probe, scan, or test the vulnerability of any Novellia system or network or breach any security or authentication measures without the intent to report such vulnerability to Novellia;
access, tamper with, or use non-public areas of the Services, Novellia's computer systems, or the technical delivery systems of Novellia's providers;
to attack the Services with a denial-of-service attack or a distributed denial-of-service attack;
solicit or gain unauthorized access to the Services, to other users' accounts, personal information or Patient Information;
attempt to copy, recreate, decipher, decompile, disassemble, or reverse-engineer the Services or any part thereof in any way;
use the Services for any commercial purpose;
use the Services to collect information to file a legal claim against a third-party;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological or security measure implemented by Novellia or any other third party to protect the Services;
exploit, harm or otherwise attempt to exploit or harm minors in any way; interfere or attempt to interfere with other patients and users' access, use or enjoyment of the Services;
defame, abuse, stalk, threaten, intimidate, harass or otherwise inhibit the use or enjoyment of any user, employee, affiliate, staff, or agent of Novellia, or which, as determined by Novellia, may harm Novellia or others using the Services or expose them to liability;
create a hostile environment for any other user, employee, physician, or other affiliate of Novellia based on such person's race, age, national origin, disability, gender or reassignment thereof, religion or belief, sex, sexual orientation, marriage/partnership status, or pregnancy/maternity;
use any robot, spider, scraper, harvesting bots, or other automated means to access, or equivalent manual processes to access, acquire, copy, or monitor the Services in any manner without our written permission;
misrepresent your identity or affiliation in any way (including, without limitation, by using email addresses or usernames associated with Novellia, its affiliates or any other natural person that is not you);
misrepresent your relationship with a patient, either as a parent or guardian, executor, or healthcare provider;
do anything that is illegal, infringing, misleading, discriminatory, fraudulent, malicious, prohibited by the Terms or other policies or notices, or could expose Novellia and its affiliates or users to harm or liability;
to transmit, or procure sending of, any advertising or promotional material including any "junk mail," "chain letter," "spam," or any other similar solicitation;
facilitate or encourage any violations of the Terms, conditions, or notices on the Services; and,
intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
Any of the foregoing may result in actions, including but not limited to, suspension or termination of your account and access to the Site and the Services. If you have knowledge of or suspicions that an individual is acting or has acted inappropriately in violation of these Terms, you should immediately report such persons to Novellia by contacting us at support@novellia.com. If the misconduct is against the law or may be violating the law, you should report the person to the appropriate authorities and then to Novellia. You acknowledge and agree that your report to us does not obligate us to take any action beyond what is required by law or cause us to incur any liability to you or others.
6. Third-Party Access
Novellia provides you with access to your Patient information. Novellia may also provide your Patient Information to third-parties for the purpose of advancing research and treatment of health conditions. If Novellia does provide your information to a third party, it will not provide your name, street address, date of birth (but may provide the year), or any other information that may be contained on any government identification documents (your "Identifying Information"). You may also choose to provide access to:
Medical Professional(s): As a user of Novellia, you can share your Patient Information with medical professional(s) you authorize to view your data. The medical professional(s) are not permitted to have direct access to your Novellia account. You may download, print, or allow your medical professional(s) treating you to view the data only.
Researchers working with Novellia: You may have the option to share your Patient Information including all Identifying Information, with researchers at external research organizations. Providing any Identifying Information will only be done with your consent. You can also refer to our Privacy Policy for more information.
Third Parties: If you decide to share your Patient Information with third party individuals or organizations (such as healthcare professionals, family members, or independent researchers), you understand that they may download, review and/or save any and all Patient Information, Identifying Information, and/or Novellia profile data, at any time. While you reserve the right to revoke access from third party individuals or organizations at any time, such individuals or organizations may retain copies of your data. Novellia is not responsible for any access, use, or disclosure of your information by such third parties, including their further disclosure or distribution of your information to other third parties.
7. Novellia Privacy Policy and Disclosure of Information
As stated above, these terms incorporate the Privacy Policy, which can be found at https://novellia.com/privacy. Please read our Privacy Policy for more information about how we collect, use, share, and protect your personal information. For inquiries relating to the Privacy Policy, please contact us at support@novellia.com.
8. Security
Novellia's Security Safeguards. We employ physical, technical and administrative safeguards to guard against unauthorized disclosure or access to your Patient Information. However, you acknowledge that security safeguards, by their nature, are capable of circumvention and Novellia does not and cannot guarantee that Patient Information about you will not be accessed by unauthorized persons capable of overcoming such safeguards (e.g., hackers) who may use viruses, worms, trojan horses, and other undesirable and malicious data and software to obtain access to or damage our Services. Your Responsibility for Keeping Your Data Safe. You are responsible for maintaining the confidentiality of your username and password, and for any activities that occur under your username or account. You agree not to provide any other person or entity with any part of or all of your account login information to our Services. You agree to notify us immediately of any unauthorized access to or use of your username or account or any other breach of security. You cannot and will not hold Novellia or its affiliates liable for any loss or damage arising out of your failure to comply with these Terms.
9. License to Feedback
If you submit any feedback, suggestions, or comments (collectively "Feedback") to us, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license, including any worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. We may use our license to such Feedback to use, copy, modify, create derivative works based on and otherwise use the Feedback for any purpose. At our request and expense, we may ask you to reasonably assist Novellia in acquiring, perfecting, and maintaining its intellectual property rights and other legal protections for the Feedback. You are not obligated to assist us in this and may decline our requests.
10. Novellia's Intellectual Property Rights
You acknowledge and agree that Novellia (or Novellia's licensors, as applicable) owns all legal right, title and interest in and to the content from our Site and Services, including, but not limited to, text, software, images, photos, diagrams, videos, trademarks, logos, features, functionality, and other materials, but excluding Patient Information. Novellia owns all legal right, title and interest to the intellectual property rights which subsist in the Services or content (excluding Patient Information) whether those rights are registered or not, and wherever in the world those rights may exist. The Services and Site, and its content, are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The Site or Services cannot be copied, reproduced, redistributed, transmitted, uploaded, republished, or used in any way without express written permission from Novellia. You acknowledge and agree that by contributing your Patient Information and other data to Novellia or any third party researchers, you waive rights to any results, research, or commercial products that may be developed using your information. You acknowledge that you may not receive any compensation from results, research, or commercial products that involve or make use of your Patient Information.
11. User Content
Our Services may allow you or your Representative to submit, post, publish, display, or transmit content or materials to us, to the Services or to other users or persons ("User Content"). User Content does not include Patient Information. We have no obligations with respect to User Content, and you are solely responsible for all your User Content. We host and provide access to this information for you, as well as tools that allow you to post and share User Content. However, by submitting, posting, or displaying User Content, you give us, and our affiliates, collaborating partners and service providers, and each of their and our respective licensees, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, translate, adapt, reformat, perform, display, distribute and otherwise disclose to third parties any such User Content for any purpose. Please be aware that we cannot control and are not responsible for the distribution of any of your information that you share publicly or with third parties. You represent and warrant that you: (i) have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; (ii) your User Content complies with the Terms; and (iii) your User Content is not inaccurate, misleading or false. You agree that if you breach the above warranties, then you are liable to us and indemnify us for any loss or damage we suffer as a result of your breach. You understand that we may retain, modify, refuse, filter, move, disclose or remove any User Content if we believe that we are required to do so by law, or we deem such retention, disclosure or removal as necessary or appropriate in our sole discretion to (i) comply with our legal obligations or government requests; (ii) enforce the Terms; (iii) respond to claims that any User Content violate the rights of third parties; and (iv) protect the rights, safety, or property of the Services, the public, or other users.
12. Indemnity
You agree to indemnify, defend, and hold harmless Novellia and its subsidiaries, affiliates, directors, officers, employees, agents, partners, successors, assigns, and contractors from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from your breach of any of these Terms; your activities in connection with the Site and the Services (including any adverse health outcomes); due to or arising out of your User Content you submit, post, or transmit through our Services; or due to or arising out of your disclosure of your Patient Information or any other information to third parties (for example, by directly downloading and distributing such information, or providing a third party access through our Sharing Key service). You agree to cooperate as reasonably required in the defense of any such claim. Novellia reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of Novellia.
13. Modification to Service
Novellia reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that (i) modifications may result in a delay in computations for some of the Novellia features or Services, and (ii) Novellia shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services. We are not liable if for any reason all or part of our Services are experiencing modifications at any time or for any period. This provision is void where prohibited by law, and the right to access the Site or Services is revoked in such jurisdictions. You understand and acknowledge that Novellia and its affiliates may charge a fee for any different or additional services or technologies not included in your initial purchase of the Services. Your initial purchase of our Services does not entitle you to any different or additional services or technologies Novellia may offer, and you may have to pay additional fees to obtain such future services or technologies.
14. Termination
Either you or Novellia your use of the Services at any time. As needed, we will retain a record of your account and data to fulfill legal, contractual, or research obligations. These Terms will continue to apply to information provided by you to us while you used the Services. We may terminate your use of the Services or any features or services at any time and for any reason without notice for conduct violating these Terms. For example, Novellia will terminate access to the Services if we determine you infringed third party rights or are in breach of the Terms. Upon such termination, you must destroy all materials obtained from this Site or the Services. The provisions of these Terms concerning security, representations and warranties, assignment, prohibited activities, copyrights, trademarks, disclaimer, limitation of liability, indemnity, dispute resolution, and jurisdictional issues shall survive after termination of your use of and access to the Services. If we terminate your use of this Site and our Services, you will be provided 72 hours from the point of termination notice to download or request from us any data acquired on your behalf from this Site and our Services. You agree that if your use of this Site or the Services is terminated pursuant to these Terms, you will not attempt to use this Site or our Services after 72 hours after being provided with the termination notice, and further agree that if you violate this restriction after being terminated, you will indemnify and hold Novellia and its affiliates harmless from any and all liability that may incur therefore.
15. Disclaimer of Warranties
THE SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NOVELLIA HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. NOVELLIA, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES OR THE INFORMATION, SERVICES AND MATERIALS CONTAINED THEREIN (I) DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, QUALITY, COMPATIBILITY, SECURITY, ERROR-FREE NATURE, OR USEFULNESS OF ANY INFORMATION, SERVICES AND MATERIALS PROVIDED ON OR THROUGH THE SERVICES; (II) EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY USE OF OR RELIANCE ON THE SITES, CONTENT, OR SERVICES, OR FOR ANY DISRUPTIONS TO OR DELAY IN THE SITES, CONTENT, OR SERVICES; AND (III) DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR THE STATED PURPOSE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
16. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NOVELLIA, ALONG WITH ITS EMPLOYEES, AFFILIATES, AGENTS, PARTNERS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, CONTENT PROVIDERS, AND ANY RELATED THIRD PARTIES (COLLECTIVELY, "THIRD PARTIES"), WILL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES YOU MAY INCUR. THIS INCLUDES ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, SUCH AS LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF NOVELLIA OR ITS THIRD PARTIES WERE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM:
THE COST OF OBTAINING SUBSTITUTE GOODS OR SERVICES;
ISSUES LIKE BUGS, VIRUSES, OR SIMILAR PROBLEMS;
YOUR USE OF OR INABILITY TO USE THE SERVICES, OR RELIANCE ON ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE SERVICES;
UNAUTHORIZED ACCESS TO OR CHANGES IN YOUR TRANSMISSIONS OR DATA;
ACTIONS OR STATEMENTS BY THIRD PARTIES RELATED TO OUR SERVICES;
YOUR FAILURE TO KEEP YOUR ACCOUNT INFORMATION SECURE;
ACTIONS TAKEN BY NOVELLIA OR ITS THIRD PARTIES DURING INVESTIGATIONS BY LAW ENFORCEMENT OR OTHER GOVERNMENT AGENCIES;
ANY IMPROPER AUTHORIZATION TO USE THE SERVICES BY ANOTHER INDIVIDUAL OR ENTITY.
NOVELLIA AND ITS THIRD PARTIES' MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION SHALL NOT EXCEED $500. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ARE A FAIR ALLOCATION OF RISK, AND THEY ARE ESSENTIAL TO THE TERMS UNDER WHICH WE PROVIDE OUR SERVICES TO YOU. PLEASE NOTE THAT IN SOME JURISDICTIONS, THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES MAY NOT BE ALLOWED, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
17. Dispute Resolution
While we don't anticipate any disputes arising, to the extent they do we would prefer they be subject to arbitration. Thus, unless within 30 days of accepting this agreement you give us written notice that you do not agree to arbitration, any disputes under these Terms will be subject to arbitration. If, for some reason, we have a dispute and it proceeds in court rather than via arbitration, our dispute will be resolved by a judge, and not involve a class action. If you are located in, are based in, have offices in, or do business in a jurisdiction in which this section is enforceable, you understand and agree that any dispute, claim, or controversy arising under or in connection with these Terms, including your use and access to the Services or any other content, including, but not limited to, claims as to whether any services rendered by Novellia or persons employed or engaged by Novellia were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, shall be finally and exclusively resolved by binding arbitration under the American Arbitration Association's ("AAA") Commercial Arbitration Rules and Mediation Procedures and Consumer-Related Disputes Supplementary Procedures, and not by a lawsuit or resort to court process, except for judicial review of arbitration proceedings that may be required by law. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. It is your responsibility to pay any AAA filing, administrative and arbitrator fees as set forth in the AAA Rules. You acknowledge and agree that both parties to the Terms waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. The parties further agree that the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate. Any such controversy or claim shall be arbitrated on an individual basis, unless both parties otherwise agree in writing. If you are not located in, are not based in, do not have offices in, and do not do business in the United States, any arbitration between you and Novellia will be finally settled under the Rules of Arbitration of the International Chamber of Commerce ("ICC Rules") by one or more arbitrators appointed in accordance with the ICC Rules and will be administered by the International Court of Arbitration of the International Chamber of Commerce. You may cancel this agreement to arbitrate by giving written notice to Novellia within 30 days of the date of your acceptance. Should you choose to withdraw from the arbitration provision, all other provisions of the Terms shall remain in full force and effect. If for any reason a claim proceeds in court rather than arbitration, each party waives any right to a jury trial.
18. Time Limit for Cause of Action
You have one year to bring a claim or dispute under these Terms. Any claim under the Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred; claims made under the separate terms and conditions of purchase for goods or services are not subject to this limitation. This arbitration agreement will survive the termination of your relationship with Novellia.
19. Miscellaneous
Entire Agreement. The Terms constitute the entire agreement between Novellia and you; provided, however, that certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within our Services. You may also be subject to additional terms, conditions or policies that may apply when you access or use the services, content or software of our affiliates, third parties or collaborating partners. Assignment. You may not assign or delegate any rights or obligations under the Terms, and any such attempts will be ineffective. Novellia can freely assign or delegate all rights and obligations under the Terms in part or in its entirety without notice to you. No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. Governing Law. Except to the extent they are preempted by U.S. federal law or mandatory laws of any other jurisdiction, the laws of the State of New York without regard to conflicts of law principles govern any legal action or proceeding between Novellia and you arising out of or related to the Terms, including your use and access to the Services or any other content. Any such legal action or proceeding will be conducted in the English language. Waiver and Severability. A failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions. Third Party Links. Our Services provide, and third parties may provide, hyperlinks to other sites, resources, or materials. We have no control over such hyperlinks. You acknowledge and agree that Novellia is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, or other materials on or available from such hyperlinks. Furthermore, you acknowledge and agree that Novellia 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 use of, or reliance on any such content, goods, or services available on or through any such hyperlinked third-party sites, resources or materials. Notices. Our notices to you may be made via either email, phone, text/SMS or similar messaging services or regular mail based on the information we have on file and as permitted by applicable law. If you choose to receive text or SMS communications from Novellia, message and data rates may apply. Please keep your contact information up-to-date so that we can continue to send you notices uninterrupted. Novellia may also provide notices of changes to the Terms or other policies or matters by displaying notices or links to notices on the Services. Official notices to Novellia related to the Terms (e.g., your rejection of the arbitration terms, etc.) must be sent to: email: support@novellia.com Headings. The section titles herein are for your convenience only and have no legal or contractual effect.
20. Contact Us
Please feel free to contact us any time at support@novellia.com! If there are any questions regarding Novellia or these Terms, please contact us at 35 W 31st Street Frnt 1, PMB 223, New York, NY 10001.
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