TERMS OF SERVICE (TOS)


EFFECTIVE DATE: August 2018
LAST UPDATED: April 2019

Welcome and thank you for your interest in TOVANA Health. (“TOVANA Health,” “we,” or “us”). TOVANA Health performs genetic screening and analysis (“Test”) and assesses an individual’s risk for diseases and other genetic traits based on the Test and an individual’s health history. By providing a sample of saliva, buccal cells swab or in some cases blood, using the collection kit (“Test Kit”), and filling out the health and family history questionnaire that TOVANA Health provides, individuals can learn their genetic risk for diseases or genetic traits through a results report (“Result”). Results do not indicate the absence or presence of a disease, only a risk or predisposition. Your use of the TOVANA Health website, Test Kit, Test, Result and any genetic counseling or other content or support provided through TOVANA Health (collectively, the “Service”) are governed by the following terms and conditions.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY ACCESSING AND USING THE SERVICE OR BY OTHERWISE INDICATING YOUR CONSENT TO THESE GENERAL TERMS AND CONDITIONS YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (COLLECTIVELY, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE SERVICE.

1. Eligibility.
You represent and warrant to us that your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

2. Informed Consent.
Your use of the Service is subject to TOVANA Health Informed Consent for the specific Test ordered. The Informed Consent will incorporate the TOVANA Health Privacy Policy, as may be modified in the Informed Consent, and may incorporate additional terms, policies, rules or guidelines applicable to the Service that we may post on the TOVANA Health website or provide a link to through the Service. All such additional terms are hereby incorporated by reference into, and made a part of, these Terms. TOVANA Health may use vendors, contractors or other third-party service provides to help provide the Service to you, and we may change our use of such vendors and contractors at our sole discretion and without notice to you.

3. Counselling and Medical Advice.
You and your healthcare provider should each read and understand the Informed Consent and any limitations or disclaimers that are part of the Results. TOVANA Health recommends that you speak to a genetic counselor and also with your physician or other qualified healthcare provider both prior to a Test regarding the Test, its limitations, and the physical, privacy, discrimination and other risks described in the Informed Consent and any questions you may have, and also regarding the Results and interpretation of the Results, and, in any event, regarding any questions you may have about the treatment, mitigation or prevention of any disease or other genetic traits. You are responsible for the completeness of the medical and family history provided to TOVANA Health. The Results can be analyzed to potentially aid physicians in the evaluation of a broad range of health conditions or physiological traits. Patients will not receive medical results, or a diagnosis, or a recommendation for treatment from TOVANA Health. In no way does TOVANA Health guarantee your health, the health of an unborn child, or the health of your family members. Any Results that might be deemed medically actionable should be confirmed using alternative testing. If any questions or concerns arise about what is learned through the Service, patients should contact their physician or a genetic counselor.

4. Accounts and access credentials.
In order to deliver Results electronically or otherwise manage your Test, you may be required to provide us with some information about yourself (such as your email address or other contact information), or if you are a healthcare provider, about the individual for whom the Test is intended to be used. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date. To protect your Protected Health Information, you are solely responsible for maintaining the confidentiality of your account, password, or other access credentials. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you should promptly change your login information and notify us at support@tovanahealth.com.

5. Payment.
TOVANA Health does not bill insurance providers and this Test may not be reimbursed by health insurance or covered by HMOs. This means that you are personally responsible for 100% of the costs of this testing. All fees are in U.S. Dollars. If you pay with a credit card, TOVANA Health may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover the fees. Tests may not be cancelled once laboratory processing has commenced. Any orders for which TOVANA Health receives written notice in writing prior to lab processing may be cancelled and you are responsible only for a charge for the Test Kit and shipping costs. Any refund for a purchase made on a credit card will be made to the same purchasing credit card.

6. Ownership; Proprietary Rights.
The Service is owned and operated by TOVANA Health. TOVANA Health retains all intellectual property and other proprietary rights, under all applicable laws, in and to the visual interfaces, graphics, design, compilation, information, data, Results, computer code (including source code or object code), bioinformatics pipeline, Test Kit and all other elements of the Service (“Materials”) provided by TOVANA Health. All Materials comprising or related to the Service are the property of TOVANA Health or our third-party licensors. You are granted a limited license to use the Results for personal, non-commercial use only, and except as expressly authorized by TOVANA Health in a separate agreement, you may not make other use of the Materials. You have no right to offer anyone else any further right with respect to the Materials for any commercial use, and you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on the Materials (either in whole or in part). TOVANA Health reserves all rights to the Materials not granted expressly in these Terms.
You may choose to, or we may invite you to, submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place TOVANA Health under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, TOVANA Health does not waive any rights to use similar or related ideas previously known to TOVANA Health, or developed by its employees, or obtained from sources other than you.

7. Indemnity.

You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify and hold harmless TOVANA Health and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service, or (ii) your or your healthcare provider’s violation of these Terms or any representation, warranty or agreements referenced herein, or any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.

8. Disclaimers. No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE TOVANA HEALTH ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE TOVANA HEALTH ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

9. Limitation of Liability

IN NO EVENT WILL THE TOVANA HEALTH ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE, OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE TOVANA HEALTH ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE TOVANA HEALTH ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE), OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE PRICE YOU PAID FOR THE SERVICE GIVING RISE TO LIABILITY OR (ii) $50 US DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

10. Dispute Resolution and Arbitration
10.1 Generally.In the interest of resolving disputes between you and TOVANA Health in the most expedient and cost effective manner, you and TOVANA Health agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. Any arbitration hearings will take place at a location to be agreed upon in Houston, Texas. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse TOVANA Health for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TOVANA HEALTH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

10.2 Exceptions. Notwithstanding subsection 10.1, TOVANA Health and you agree that nothing herein will be deemed to waive, preclude or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.

10.3 No Class Actions. YOU AND TOVANA HEALTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and TOVANA Health agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

10.4 Modifications. In the event that TOVANA Health makes any future change to this arbitration provision, you may reject any such change by sending us written notice within thirty (30) days of the change in which case your account with TOVANA Health shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.

10.5 Enforceability. If the entirety of this Section 10 is found to be unenforceable, then the entirety of this Section 10 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 12 shall govern any action arising out of or related to these Terms.

11. Modification of the Terms.
TOVANA Health reserves the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Service, except as set forth below. These Terms will identify the date of last update. Your use of the Service following any such change constitutes your agreement to be bound by the modified Terms. In the case of material changes to the Terms, TOVANA Health will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the Service, or other similar mechanism. Material changes to these Terms will be effective upon the earlier of: (i) your first use of the Service with actual notice of such change, or (ii) thirty (30) days from posting of such change. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications. Without limiting the generality of the foregoing, no modification to the terms of our agreement to arbitrate disputes will be effective without your express consent, provided that if we propose a change to the terms of our agreement to arbitrate and you do not consent to the change, you must terminate your use of the Service.

12. General.
These Terms, together with the Privacy Policy, Informed Consent and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and TOVANA Health regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. These Terms shall be governed by the laws of the State of Texas without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and TOVANA Health agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Harris County, Texas for the purpose of litigating all such disputes. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration, including Sections 6 through 10 and 12.

13. Contact Information.
You may contact us by emailing us at support@tovanahealth.com. Version Date: August 1, 2018 Updated: April 22, 2019 TOVANA Health

TERMS OF USE (TOU)

EFFECTIVE DATE: August 2018
LAST UPDATED: April 2019

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR BROWSING THIS WEBSITE OR ANY OF ITS CONTENT. BY ACCESSING, BROWSING OR USING THIS WEBSITE OR ANY OF ITS CONTENT, YOU, ON BEHALF OF YOURSELF OR YOUR ENTITY, AS APPLICABLE, ACKNOWLEDGE THAT:

1. YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS AND CONDITIONS;
2. YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS;
3. THESE TERMS AND CONDITIONS ARE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND TOVANA HEALTH; AND
4. IF ACCESSING, BROWSING OR USING THIS WEBSITE OR ANY OF ITS CONTENT ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND YOUR ENTITY TO ALL OF THESE TERMS AND CONDITIONS. IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THE PRECEDING AGREEMENT AND ACKNOWLEDGEMENT, THEN DO NOT ACCESS, BROWSE OR USE THIS WEBSITE OR ANY OF ITS CONTENT. MOREOVER, TOVANA HEALTH DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE THIS WEBSITE OR ITS CONTENT WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

TOVANA Health maintains the TOVANA Health Website (this "Website") as a service to the Internet community. The TOVANA Health Website has been designed to provide general information about TOVANA Health and its products and research. Read these Terms of Use ("Terms") carefully before using this Website. By using and or visiting this Website, you signify your assent to both these Terms and the terms and conditions of TOVANA Health's Privacy Policy which is published and incorporated herein by reference. If you do not agree to these terms, do not use this Website.

The information on this Website is provided solely on an "AS IS" and "AS AVAILABLE" basis. TOVANA Health is not engaged in rendering investment or medical advice via this Website, nor does it provide instruction on the appropriate use of products produced, supplied or under development by TOVANA Health, its affiliates, related companies or its licensors or joint venture partners. Access and use of the TOVANA Health Website is subject to the terms and conditions set forth herein and all applicable laws, statutes and/or regulations. Tests available for requisition by TOVANA Health clients are diagnostic tests that can only be ordered by an authorized healthcare provider registered as a partner with TOVANA Health.

TOVANA Health may revise or modify these Terms from time to time. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means, including, without limitation, posting on the TOVANA Health Website. If you disagree with the Terms, your sole remedy is to discontinue your use of this Website. Any use of this Website by you after such notice shall be deemed to constitute acceptance of the changes.

TOVANA Health will use reasonable efforts to include accurate and up-to-date information on the TOVANA Health Website; however, any information presented on the Website as of a particular date may only be accurate as of such date and TOVANA Health disclaims any responsibility to update such information. Information about companies other than TOVANA Health contained in news, press releases or otherwise that are posted on the Website should not be relied upon as being provided or endorsed by TOVANA Health.

You must exercise caution, good sense and sound judgment in using this Website. You are prohibited from violating, or attempting to violate, the security of this Website. Any such violations may result in criminal and/or civil penalties against you. TOVANA Health will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

You are not obligated to register with TOVANA Health in order to access the Website. However, TOVANA Health may offer certain features and services for which registration is necessary. For information regarding registering your institution contact TOVANA Health at support@tovanahealth.com. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.

In using this Site, you agree not to:
Send or otherwise transmit to or through this Website or to us through email any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to this Website or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;

Misrepresent your identity or affiliation in any way;

Use this Website to disclose or obtain another's personal information, or collect information about users of this Website;

Gain unauthorized access to this Website, or assist others to gain unauthorized access, or to disclose users' names or personally identifiable information, or to gain or provide unauthorized access to other computers or Websites connected or linked to this Website;

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Website in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Website in a manner that sends more request messages to the TOVANA Health servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that TOVANA Health grants the operators of public search engines revocable permission to use spiders to copy publicly-available materials for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) uploading, posting, hosting, or transmitting spam, chain letters, SMSs or other unsolicited email or messages; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents or any code of a destructive nature through the Website; (vii) collecting or harvesting any personally identifiable information, including account names, from the Website; (viii) using the Website for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Website; (xi) accessing any content on the Website through any technology or means other than those provided or authorized by the Website; (xii) bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein; (xiii) verbally, physically or other abuse (including threats of abuse or retribution) of any other User or any TOVANA Health customer, employee, member, or officer; (xiv) reproducing, duplicating, copying, selling, reselling or otherwise exploiting any portion of the Website, use of the Website, or access to the Website without the express written permission by TOVANA Health; or (xv) modifying, adapting or hacking the Website or modifying another website so as to falsely imply that it is associated with Website, or TOVANA Health.

Violate any applicable laws or regulations or these Terms;

Assist or permit any persons in engaging in any of the activities described above.

USER IDS AND PASSWORDS
Access to certain areas of the Website limited by a user identifier ("User ID") and password, which are selected and/or supplied as part of the registering for a service account with TOVANA Health (the "TOVANA Health account"). By registering, You represent, warrant and covenant that: (i) You are at least 18 years of age; (ii) You are using Your actual identity; (iii) You have provided only true, accurate, current and complete information about Yourself during the registration process; and (iv) You will maintain and promptly update the information that You provide to keep it true, accurate, current and complete.

By logging onto the Website using any password, You represent, warrant and covenant that You are authorized to use such password and to engage in the activities that You conduct thereunder. You agree that You will be solely responsible for the maintenance and security of Your User ID and password. You also agree that You will be solely responsible for any activities conducted on or through this Website. Your User ID and password are unique to You, and You agree not to disclose or share Your User ID and password with any third party.

TOVANA Health reserves the right to deny or revoke access to the Website, or any part thereof, at any time in our sole discretion, with or without cause. If You wish to cancel a password, or if You become aware of any loss, theft or unauthorized use of a password, please notify TOVANA Health immediately. Further, we may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service.

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TOVANA HEALTH DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON- INFRINGEMENT.

TOVANA Health makes no warranty as to the accuracy, completeness, currency or reliability of any content available through this Website. You are responsible for verifying any information before relying on it. Use of the Website and the content available on the Website is at your sole risk. TOVANA Health makes no representations or warranties that use of the Website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you obtain from the Website is free of viruses.

TOVANA HEALTH SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION TAKEN THAT IS BASED ON THE INFORMATION PRESENTED ON THE TOVANA HEALTH WEBSITE. TOVANA HEALTH EXPRESSLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF TOVANA HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE, THE INABILITY TO USE THE WEBSITE OR ANY ERRORS OF OMISSIONS IN THE CONTENT OF THE WEBSITE.

You agree to indemnify, defend and hold TOVANA Health 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 this Website. By submitting any communication or material to TOVANA Health, you agree that: (1) if you are a healthcare professional you will not submit any information that would directly identify a patient or any information for which you do not have all necessary consents or authorizations to disclose; (2) you will only submit content that complies with applicable law and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive or otherwise inappropriate or that contains any viruses or other software that may adversely affect the operation of another's computer; (3) such content will be deemed non-confidential; and (4) you grant to TOVANA Health a perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, modify, publish, perform, transmit, distribute, prepare derivative works of and display such content via any media in accordance with TOVANA Health's Privacy Statement, and waive any moral rights you may have in such content. Subject to TOVANA Health's Privacy Statement, TOVANA Health shall be free to use such content, including any ideas, concepts, know-how or techniques contained in such content, for any reason. It is the policy of TOVANA Health to enforce its intellectual property rights to the fullest extent permitted by law. All product names, regardless of whether or not they appear in large print or with a trademark symbol, are the trademarks and service marks of TOVANA Health, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. All content of the TOVANA Health Website, including any images or text, is protected by U.S. and foreign copyright laws and may not be distributed, downloaded, modified, reused, reposted or otherwise used except that you may view, use and download a single copy of this Website for your informational, non-commercial use. Except as provided herein, no part of any content or software on this Website may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of TOVANA Health. The use or misuse of TOVANA Health's trademarks, service marks copyrights or other materials, except as permitted herein, is expressly prohibited and may be a violation of copyright law, trademark law, communications regulations and statutes and other laws, statutes and/or regulations.

This Site is controlled and operated by TOVANA Health, TOVANA Health makes no representation that materials in the Website are appropriate or available for use in all locations worldwide. You are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Website from jurisdictions where the contents of this Website are illegal or penalized is prohibited.

TOVANA Health may terminate your use of this Website or any of our features or services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, you must destroy all content obtained from this Website and all copies thereof. The provisions of these Terms concerning Website security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity and jurisdictional issues shall survive any such termination. You agree that if your use of this Website is terminated pursuant to these Terms, you will not attempt to use this Website under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you indemnify and hold us harmless from any and all liability that we may incur therefore.

TOVANA Health reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions for using the TOVANA Health Website, including the right to block access from a particular Internet address to the Website. By choosing to visit this Website or otherwise provide information to TOVANA Health, you agree that any dispute over your use of this Site or these Terms will be governed by the laws of the State of Texas and the United States of America. You also consent to the adjudication of any disputes arising in connection with our Site in the federal and state courts of Harris County in the State of Texas. You also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein.

If any provision of these Terms is 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 remaining provisions.

This Website may contain forward-looking information. Such information is subject to a variety of significant uncertainties, including scientific, business, economic and financial factors, and therefore actual results may differ significantly from those presented.

Links to third-party websites or pages are provided for convenience only. We do not express any opinion on the content of any third-party pages and expressly disclaim liability for all third-party information and the use of it.

TOVANA Health's Privacy Policy/Statement ("Privacy Policy"), as it may change from time to time, is a part of these terms and conditions for using the TOVANA Health Website and is incorporated herein by this reference. TOVANA Health reserves the right, and you authorize TOVANA Health, to the use and assignment of all information regarding your use of this Website and all information provided by you in any manner consistent with TOVANA Health's Privacy Policy.

If you have any questions about these terms and conditions, please let us know by emailing support@tovanahealth.com, or sending us a message using the contact form on our Support page.