Terms of use

The Web address www.nevvon.com (referred to as “Site​” and “Website​”) is operated by Nevvon Inc. (referred to as “Nevvon”, “we​”, “us​”, and “our​”). This Terms of Use Agreement (the “Terms of Use​”) is a legal agreement between you and us.

Your Consent

BY USING THE SITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE AND THE PRIVACY POLICY AT www.nevvon.com/privacypolicy (THE “PRIVACY POLICY​”). FURTHERMORE, BY USING THE SITE IN ANY WAY INCLUDING, BUT NOT LIMITED TO, BROWSING, ACCESSING, USING AND/OR DOWNLOADING MESSAGES, INFORMATION, DATA, TEXT, SOFTWARE OR IMAGES OR OTHER MATERIALS, INCLUDING WITHOUT LIMITATION PRESENTATIONS AND INFORMATION POSTED ON THE SITE (COLLECTIVELY, THE “MATERIALS​”) AND FURTHERMORE BY SUBMITTING INVOICES, YOU ARE AGREEING ON YOUR OWN BEHALF, AND ON BEHALF OF ANY ENTITY ON WHOSE BEHALF YOU MAY ACT, TO ACCEPT AND ABIDE BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE FOR EACH USE OF AND EACH VISIT TO THIS SITE. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS OF USE, YOU SHOULD NOT USE THIS SITE.

PLEASE READ THESE TERMS OF USE CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF THESE TERMS OF USE OR THE PRIVACY POLICY DO NOT USE THIS SITE.

We reserve the right to modify or otherwise update these Terms of Use at any time by posting the modified version on our Site and revising the effective date. Such changes will automatically be effective upon posting on our Site, and you agree to be bound by such modifications, updates and revisions. You should visit this page from time to time to review the current terms. Your continued Use of this Site after any such changes are posted will constitute acceptance of those changes.

These Terms of Use apply exclusively to your use of this Site and does not alter the terms or conditions of any other agreement you may have with Nevvon.

The Nevvon Site Does Not Provide Medical Advice

The contents of the Site and App, such as text, graphics, images and lessons (“Content”) are for informational and training purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment and may not be current or fully up-to-date with contemporary medical practices. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition or any particular circumstance that arises in the care of a patient. Do not disregard the advice of physician or licensed caregiver or delay in seeking the help of a physician or licensed caregiver.

If you think you or a patient may have a medical emergency, call your doctor or 911 immediately. Nevvon does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned through the Nevvon Products. Reliance on any information provided by Nevvon, Nevvon employees, others appearing on the Site or in the App at the invitation of Nevvon, is solely at your own risk. Nevvon assumes no liability for the results of any failure to seek the help of a physician or licensed caregiver.

Acceptable use of this Site

This Site and all related content may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Nevvon’s prior written consent, except that Nevvon grants you non-exclusive, non-transferable, limited permission to access and display the web pages within the Site, solely on your computer and for your personal, non-commercial use. This permission is conditioned on your not modifying the content displayed on the Site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth on the Site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from the Site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

You may not, nor may you allow others to, directly or indirectly use this Site any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Site or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through this Site (including without limitation uploading, posting or otherwise transmitting on this Site computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this Site’s infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part).

Your failure to comply with the terms, conditions, and notices on this Site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission provided in these Terms of Use, Nevvon does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this Site on another Site or in any other media. For greater certainty, any and all content presented or otherwise made available through the Site is and shall be the exclusive property of Nevvon.

Copyright

All content provided on the Site, such as text, graphics, images, etc., as well as collection, arrangement and assembly of all content on this Site is our exclusive property and is protected by Canadian copyright laws. Except as stated herein or authorized in writing by Nevvon, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in this Site is strictly prohibited.

Trademarks

The trademarks, service marks, trade dress and logos (“Trademarks​”) used and displayed on this Site are the exclusive property of Nevvon and/or used under license. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Site and no such right is granted by your use of this Site. The Trademarks on this Site may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

Certain Disclaimers

Information on the Site is not promised or guaranteed to be correct, current, or complete, and the Site may contain technical inaccuracies or typographical errors. Nevvon assumes no responsibility (and expressly disclaims responsibility) for updating the Site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in the Site.

Nevvon provides no assurances that any reported problems will be resolved by Nevvon, even if Nevvon elects to provide information with the goal of addressing a problem.

Confidential Information

Nevvon does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to Nevvon will be deemed NOT to be confidential. By sending Nevvon any information or material, you grant Nevvon an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Nevvon is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of the Site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to Nevvon for the purpose of receiving products or services will be handled in accordance with our Privacy Policy.

Privacy and Protection of Personal Information

Nevvon respects the privacy and confidentiality of your personal information. Nevvon does not collect your personal information, except where you provide such information in the course of using the Site. By submitting personal information to Nevvon, you acknowledge and agree that you have consented to the collection, use and disclosure of that personal information as specified on any collection form. The general policies of Nevvon with respect to the collection, use and disclosure of personal information are reflected in Nevvon’s privacy policy, found at www.nevvon.com/privacypolicy (the “Privacy Policy​”) and any questions in that regard may be directed to Nevvon’s privacy officer (as identified in the Privacy Policy). Should Nevvon change its Privacy Policy, the revised policy will be posted prominently on the Site, or it will be otherwise brought to your attention. The Privacy Policy is incorporated by reference into these Terms of Use. By using this Site, you are agreeing to be bound by the terms and conditions of the Privacy Policy and consent to Nevvon’s collection, use and disclosure of your personal information pursuant to the Privacy Policy.

Cookies

To enhance your experience with the Site, Nevvon reserves the right to use cookies (“Cookies​”). Cookies are text files we place in your computer’s browser to store your preferences. Cookies, by themselves, do not tell Nevvon your e-mail address or other personal information unless you choose to provide this information to Nevvon. However, once you choose to furnish the Site with personal information, this information may be linked to the data stored in the Cookie.

Nevvon uses Cookies to understand Site usage and to improve the content and offerings on the Site. For example, we may use Cookies to personalize your experience on the Site (e.g., to recognize you by name when you return to the Site), or save your password in password-protected areas. We also may use Cookies to offer you products, programs, or services.

Web beacons or clear gifs are small pieces of code placed on a web page to monitor the behaviour and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a Cookie to the browser of a visitor viewing that page. We may use web beacons on this Site from time to time for this and other purposes.

Business Relationships

This Site may provide links or references to non-Nevvon websites and resources. Nevvon makes no representations, warranties, or other commitments whatsoever about any non-Nevvon websites or 3 third-party resources that may be referenced, accessible from, or linked to any Nevvon site. A link to a non-Nevvon Site does not mean that Nevvon endorses the content or use of such Site or its owner. In addition, Nevvon is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a Nevvon site. Accordingly, you acknowledge and agree that Nevvon is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When you access a non-Nevvon website, please understand that it is independent from Nevvon, and that Nevvon does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

Nevvon has engaged ADP as its electronic invoicing processor. Nevvon collects the data and personal information that you enter when submit invoices on the Nevvon website. By submitting invoices on the Nevvon site you consent to the collection of your data and personal information and you will be governed by Nevvon’s terms of use and privacy policy. Nevvon may transfer your personal information across provincial or national borders, including to its service providers located in Nevvon and other jurisdictions outside of Canada who may be subject to applicable disclosure laws in those jurisdictions. Please review the Nevvon privacy policy for more information about how Nevvon collects, uses and discloses personal information at Nevvon. Nevvon shall not be responsible or liable, directly or indirectly, for any damage or loss suffered by you which is caused or alleged to be caused by or in connection with Nevvon’s privacy policy or terms of use consent on its site generally how it collects, uses or discloses personal information and data.

Linking to this Site

All links to this Site must be approved in writing by Nevvon, except that Nevvon consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Site or use other techniques that alter in any way the visual presentation or appearance of any content within this Site; (b) misrepresent your relationship with Nevvon; (c) imply that Nevvon approves or endorses you, your website, or your service or product offerings; and (d) present false or misleading impressions about Nevvon or otherwise damage the goodwill associated with the Nevvon name or trademarks. As a further condition to being permitted to link to this Site, you agree that Nevvon may at any time, in its sole discretion, terminate permission to link to this Site. In such event, you agree to immediately remove all links to this Site and to cease using any Nevvon trademark.

DISCLAIMER OF WARRANTY

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. NEVVON EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, NEVVON MAKES NO WARRANTY OR GUARANTEE THAT THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. LIMITATION OF LIABILITY

The nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays. The Site may include incomplete information, inaccuracies or typographical errors. Nevvon, and any other persons involved in the management of the Site, may make changes in the information and content included in the Site at any time without notice. Nevvon shall not be responsible for any detrimental reliance you may place on the Site or its contents.

Nevvon and other Nevvon entities are not responsible in any manner for direct, indirect, special or consequential damages, howsoever caused, arising out of use of this Site including but not limited to, damages arising from or related to the reliance on any information provided on the Site, or the installation, use, or maintenance of personal computer hardware, equipment, software or any Internet access services.

IN NO EVENT WILL NEVVON BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE SITE OR ANY USE OF THE SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF NEVVON IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Indemnity

You agree to indemnify, and hold harmless Nevvon, its suppliers, successors, agents, authorised distributors, and assigns and each of their directors, officers, employees and independent contractors (each a “Nevvon Indemnified Party​”) from any damages, losses, costs or expenses (including reasonable lawyers’ fees and costs on a solicitor and its owner client basis) incurred by a  or brought against a Nevvon Indemnified Party, and at the Nevvon Indemnified Party’s request defend at your expense any third party claim or proceeding brought against the Nevvon Indemnified Party, arising from: (i) Your use of the Materials or the Site; (ii) Your breach of these Terms of Use; or (iii) Your use or misuse of the Site or any material found thereon, including without limitation any claims of infringement. No remedy herein conferred upon Nevvon is intended to be, nor shall it be construed to be, exclusive of any other remedy provided herein or as allowed by law or in equity, but all such remedies shall be cumulative.

Nevvon reserves the right to take over the exclusive defense of any claim for which a Nevvon Indemnified Party is entitled to indemnification under these Terms of Use. In such event, you shall cooperate as reasonably requested by us.

Governing Law

These Terms of Use shall be deemed to have been made and performed exclusively in Ontario and shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to conflict of laws principles. You agree to submit to the exclusive forum, jurisdiction and venue of the courts of Ontario for any claim related to the Terms of Use and you agree not to bring any action, suit or proceeding against Nevvon, its officers, directors, employees, affiliates and other related entities, agents, representatives, successors and assigns in any jurisdiction other than Ontario.

General

The Terms of Use and Nevvon’s Privacy Policy, together, constitute the entire agreement between you and Nevvon with respect to the use of the Site. Nevvon’s failure to insist upon or enforce strict 5 performance of any provision of the Terms of Use shall not be construed as a waiver of any provision or right of Nevvon.

The Terms of Use operate to the fullest extent permissible by law. If any provision of the Terms of Use is unlawful or unenforceable, that provision is deemed severable from the Terms of Use and does not affect the validity and enforceability of any remaining provisions. 6