Last updated Jan 01, 2025
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Nexova Clinical Research (“Nexova”, "Company", “we”, “us”, or “our”), concerning your access to and use of the https://nexovacr.com website as well as any other media form, media channel, mobile website, SMS messaging program, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). By accessing the Site, you acknowledge that you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. Your continued use of the Site after the date such revised Terms of Use are posted will be deemed your acceptance of the changes.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (including but not limited to HIPAA, FISMA, or similar frameworks). If your interactions would be subject to such laws, you may not use this Site in a manner that would impose obligations on Nexova as a covered entity or business associate without a separate written agreement. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, your parent or guardian must read and agree to these Terms of Use on your behalf prior to your use of the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and other material on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright, trademark, and other intellectual property and unfair competition laws of the United States and international conventions. The Content and Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited, non-exclusive, non-transferable license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 13; (5) if a minor, you have received parental permission to use the Site; (6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile a database
or directory without our written permission.
2. Trick, defraud, or mislead us or other users, including in attempts to obtain sensitive information.
3. Circumvent, disable, or interfere with security-related features of the Site.
4. Disparage, tarnish, or otherwise harm, in our opinion, Nexova and/or the Site.
5. Use information from the Site to harass, abuse, or harm another person.
6. Make improper use of our support services or submit false reports.
7. Use the Site in violation of any applicable laws or regulations.
8. Use the Site to advertise or sell goods/services not expressly approved by us.
9. Engage in unauthorized framing or linking.
10. Upload or transmit viruses, malware, or disruptive code.
11. Use automated systems (bots, scrapers, etc.) without authorization.
12. Remove copyright or proprietary notices from Content.
13. Impersonate another user or person.
14. Sell or transfer your profile.
15. Upload tracking/spyware-like mechanisms without consent.
16. Interfere with or burden the Site or connected networks.
17. Harass or threaten our employees or agents.
18. Bypass measures restricting access to the Site.
19. Copy or adapt the Site’s software.
20. Reverse engineer any software of the Site.
21. Launch any unauthorized automated system or script.
22. Use a buying agent or purchasing agent on the Site.
23. Collect user information for unsolicited emails or fake accounts.
24. Use the Site to compete with us or for revenue-generating endeavors.
25. Download or use any media or content from the Site without proper authorization.
USER GENERATED CONTRIBUTIONS
The Site does not currently provide areas for public user submissions; however, if you submit any content, materials, or feedback to us (“Contributions”), such Contributions may be treated in accordance with our Privacy Policy. You represent and warrant that your Contributions comply with all applicable laws and these Terms of Use, including the detailed conditions listed in your provided text.
Any use of the Site in violation of these standards may result in termination or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal data that you provide in accordance with our Privacy Policy and your choices.
By submitting suggestions or feedback, you grant us the right to use and share such feedback for any lawful purpose without compensation. We do not assert ownership over your lawful Contributions, but you are solely responsible for them and agree to hold us harmless from any claims relating to such Contributions.
GUIDELINES FOR REVIEWS
If reviews or ratings are enabled, you agree that any review you post will be honest, non-defamatory, lawful, free from hate, discrimination, or harassment, and based on your own firsthand experience. We may accept, reject, or remove reviews in our sole discretion and may use review content under a perpetual, worldwide, royalty-free license.
MOBILE APPLICATION LICENSE
If you access the Site via a Nexova mobile application, you are granted a revocable, non-exclusive, non-transferable, limited license to install and use the application strictly in accordance with these Terms of Use. Restrictions on modification, reverse engineering, commercial use, and unauthorized distribution apply as detailed in the provided text.
APPLE AND ANDROID DEVICES
Additional terms apply when accessing our application via Apple App Store or Google Play, including acknowledgment of the respective platform’s terms, limitations of their responsibilities, and compliance with applicable export and usage laws, as described in the above text.
SOCIAL MEDIA
If you link Third-Party Accounts (e.g., social media) with the Site, you authorize us to access limited information as permitted under the applicable third-party terms. Your relationship with such third-party providers is governed exclusively by your agreements with them. We are not responsible for Third-Party Account content.
SUBMISSIONS
Any questions, comments, suggestions, ideas, or other information you submit regarding the Site (“Submissions”) are non-confidential and become our sole property. We may use such Submissions for any lawful purpose without acknowledgement or compensation.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain links to third-party websites or display third-party content. We do not monitor or endorse such content and are not responsible for any Third-Party Websites or Third-Party Content. Your use of such resources is at your own risk.
ADVERTISERS
We may allow advertisers to display content on the Site. Advertisers are solely responsible for their advertisements and any products or services offered. Our role is limited to providing ad placement space.
SITE MANAGEMENT
We reserve the right, but not the obligation, to monitor the Site for violations, take legal action, remove or restrict content, manage storage, and otherwise operate the Site to protect our rights and ensure proper functionality.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy at https://nexovacr.com/privacy-policy.html. By using the Site, you agree to our Privacy Policy, which is incorporated into these Terms of Use. The Site is hosted in the United States; by using it, you consent to the transfer and processing of your data in the U.S. We do not knowingly collect data from children under 13; if discovered, such data will be removed as soon as reasonably possible.
TERM AND TERMINATION
These Terms of Use remain in effect while you use the Site. We may, in our sole discretion and without notice, deny access to and use of the Site (including blocking IPs) to any person for any reason, including violation of these Terms of Use or applicable law. Additional legal remedies may be pursued as appropriate.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to modify, suspend, or discontinue the Site at any time without notice. We are not liable for any loss or inconvenience caused by inability to access the Site during downtime or changes.
GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles.
DISPUTE RESOLUTION
Informal Negotiations
Before initiating arbitration, the Parties agree to attempt to resolve any Dispute informally for at least thirty (30) days after written notice.
Binding Arbitration
If not resolved, Disputes (with limited exceptions) will be resolved by binding arbitration under the rules of the American Arbitration Association (AAA). YOU UNDERSTAND THAT THIS MEANS YOU WAIVE THE RIGHT TO A JURY TRIAL. Venue for arbitration will generally be in Pennsylvania, unless otherwise required by law or the AAA rules.
If any Dispute proceeds in court, it shall be brought in the state or federal courts located in Pennsylvania, and you consent to such jurisdiction and venue.
RESTRICTIONS
Arbitration shall be conducted only on an individual basis; no class actions or representative proceedings are permitted to the fullest extent allowed by law.
CORRECTIONS
The Site may contain typographical errors or inaccuracies. We reserve the right to correct such errors and update information at any time without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE SITE IS AT YOUR SOLE RISK.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA, ARISING FROM YOUR USE OF THE SITE.
INDEMNIFICATION
You agree to indemnify and hold Nexova Clinical Research and its affiliates harmless from any claims, damages, or expenses arising from your use of the Site, your breach of these Terms, or your violation of any third-party rights.
USER DATA
You are responsible for all data you transmit or that relates to your use of the Site. We are not liable for any loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
You consent to electronic communications and agree that electronic agreements, signatures, and records satisfy legal requirements for written communications.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210.
MISCELLANEOUS
These Terms of Use and any policies or rules posted on the Site constitute the entire agreement between you and us. If any provision is held unlawful or unenforceable, the remaining provisions remain in full force. No joint venture, partnership, employment, or agency relationship is created by your use of the Site.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Nexova Clinical Research
130 Discovery Drive
Scott Township, PA 18447
Phone: 1-610-753-4613
Email: research@nexovacr.com / support@nexovacr.com
Website: https://nexovacr.com