Please read these Terms of Service (collectively with RhinoSystems, Inc.’s Privacy Policy, the “Terms of Service”) fully and carefully before using www.navage.com or www.navage.ca (individually and collectively the “Site”) and the services, features, promotions, credits, content, applications, or products offered by RhinoSystems, Inc. (also referred to as us, we, our, the Company, or Naväge Nasal Care) on the Site in the United States and Canada (collectively with the Site, the “Services”).
Acceptance of Terms of Service
By registering for and/or using the Services in any manner, including, but not limited to, visiting, browsing or making purchases through the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site and which may be updated by us from time to time. If you do not accept these Terms of Service, you are not permitted to, and you must not, access or use the Services.
These Terms of Service apply to all users of the Services, including, without limitation, registered and unregistered users. We have a Privacy Policy that you should refer to in order to fully understand how we collect and use your information. The Privacy Policy is hereby incorporated by reference into these Terms of Service.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTES” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Information on the Site
Navage.com and Navage.ca are commercial Sites promoting and selling Naväge Nasal Care. We do not give medical advice, make diagnoses, or recommend treatments for individual patients, and the information on the Site is not presented for that purpose.
We believe that the best customer is an informed customer, and we endeavor to provide expert information about nasal irrigation from trustworthy sources. However this information is neither exhaustive nor inclusive, and there are nasal irrigation issues about which experts disagree.
Our company's approach is rooted in western medical science including scientific research, clinical trials, the scientific method, and obtaining the advice of trained medical professionals. We encourage you to learn as much as you can about nasal lavage here and elsewhere, enjoy the educational experience, and most importantly, consult your personal physician.
Eligibility
You must be 18 years of age or older to visit or use the Services in any manner. By visiting the Site, you represent and warrant to us that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms of Service. You also represent and warrant that you will use the Services in a manner consistent with any and all applicable laws and regulations.
Use of Site
Naväge Nasal Care sells personal nasal care products (the “Products”) to end-user customers who purchase for their own personal, non-commercial use. You may not purchase Products for further distribution or resale or for any other commercial or business purpose. Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Navage Nasal Care or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site or Services to solicit others to join or become members of any other commercial online service or other organization.
Typographical Errors
In the event that a Navage Nasal Care product is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall issue a credit to your credit card account in the amount of the incorrect price.
Participation Disclaimer
We do not review all communications and materials posted to or created by users accessing the Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that to the extent that you are provided on this Site with the ability to view and distribute user-generated content, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, we reserve the right to block or remove communications or materials that we determine to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to us in our sole discretion.
Limitation of Liability
TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE GREATER OF (A) THE PRODUCT PURCHASE PRICE. THESE LIMITATIONS WILL ONLY APPLY TO THE EXTENT PERMITTED BY LAW AND DO NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM OUR ACTS OR OMISSIONS OR TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
Warranty Disclaimer and Release
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
You shall and hereby do waive California Civil Code Section 1542 or any other similar law of any jurisdiction, which says in substance: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Indemnification
You agree to indemnify, defend, and hold harmless the Company its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
Copyright
The entire content included in this Site, including but not limited to text, graphics, and code, are copyrights owned by RhinoSystems, Inc. and are protected under United States and foreign copyright laws. Our copyrights may not be duplicated, distributed, copied, modified or adapted in any way without our written permission. Copyright 2009-2021 RhinoSystems, Inc. ALL RIGHTS RESERVED.
Trademarks
All trademarks, service marks, and trade names of Navage Nasal Care used in the Site are trademarks or registered trademarks of RhinoSystems, Inc.
Patent Registrations
One or more of the following U.S. patents and corresponding foreign patents cover Naväge Nasal Care and its various components.
United States – (US)
8,048,023; D623,287; 9,682,010; 9,999,567; 7,981,077; D662,217; D,680,229; D694,905; D690,026; D739,552; D763,463; D776,252; D664,639; 9,833,380; 10,383,984
Australia - (AU)
2008222744; 2013251268; 2012284195 Brazil - (BR) PI0808311-8; DI7004662-0; DI 7105223-2; BR302014005772-3
Canada - (CA)
2680209; 150023; 150024; 2842298
China P.R. - (CN)
ZL200880014072.4; ZL201310258320.2; ZL201030601200.5; ZL201130363858.1; ZL201280040638.7
EPC - (EP)
2120822; 2810636; 2734252
European Community Design - (ECD)
001243125-0001; 001243125-0002; 001243125-0003; 001243125-0004; 001243125-0005; 001298269-0001; 001425490-0001
Germany - (DE)
602008032698.5; 2810636; 602012026133.1
Hong Kong - (HK)
HK1140672; 1203808B
India - (IN)
308526; 267529
Indonesia - (ID)
ID P 000 033 159
Israel - (IL)
200712; 230521
Japan - (JP)
5289337; 5902127; 1422939; 1436892; 5999787
Mexico - (MX)
300570; 354213
Malaysia - (MY)
MY-149123-A; MY-168354-A
Russian Federation - (RU)
2471472; 2608438
South Korea - (KR)
10-1566560
Turkey - (TR)
2014-GE-26648
8,048,023; D623,287; 9,682,010; 9,999,567; 7,981,077; D662,217; D,680,229; D694,905; D690,026; D739,552; D763,463; D776,252; D664,639; 9,833,380; 10,383,984
Australia - (AU)
2008222744; 2013251268; 2012284195 Brazil - (BR) PI0808311-8; DI7004662-0; DI 7105223-2; BR302014005772-3
Canada - (CA)
2680209; 150023; 150024; 2842298
China P.R. - (CN)
ZL200880014072.4; ZL201310258320.2; ZL201030601200.5; ZL201130363858.1; ZL201280040638.7
EPC - (EP)
2120822; 2810636; 2734252
European Community Design - (ECD)
001243125-0001; 001243125-0002; 001243125-0003; 001243125-0004; 001243125-0005; 001298269-0001; 001425490-0001
Germany - (DE)
602008032698.5; 2810636; 602012026133.1
Hong Kong - (HK)
HK1140672; 1203808B
India - (IN)
308526; 267529
Indonesia - (ID)
ID P 000 033 159
Israel - (IL)
200712; 230521
Japan - (JP)
5289337; 5902127; 1422939; 1436892; 5999787
Mexico - (MX)
300570; 354213
Malaysia - (MY)
MY-149123-A; MY-168354-A
Russian Federation - (RU)
2471472; 2608438
South Korea - (KR)
10-1566560
Turkey - (TR)
2014-GE-26648
Assignment
Any feedback, reviews, comments, suggestions or recommendations for modifications, improvements or changes to the Services that you provide to us (“Feedback”) shall be solely owned by us (including all intellectual property rights therein and thereto). You hereby irrevocably assign to us and agree to irrevocably assign to us all of your right, title and interest in and to all Feedback, including, without limitation, all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect and maintain our intellectual property rights and other legal protections for the Feedback.
Modification
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend or discontinue the Services, in whole or in part, (including, without limitation, the availability of any feature, database or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Service periodically for changes. Subject to the Disputes section, your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.
Term; Termination
These Terms of Service are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These Terms of Service, or any part of them, may be terminated by Navage Nasal Care without notice at any time, for any reason. The provisions relating to Limitation of Liability, Warranty Disclaimer, Indemnification Copyright, and Trademarks, Assignment, Disputes and Miscellaneous shall survive any termination.
Disputes
ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at support@navage.com or RhinoSystems, Inc., Attn: Customer Service, 1 American Road, Brooklyn, OH 44144. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Disputes section will govern the dispute resolution between us.
Applicable to the United States: Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and the Company or the Company's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or the Company may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, 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.
There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND THE COMPANY ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/.
You and the Company must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) the Company will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, the Company will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.
With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in Cuyahoga County, Ohio.
Applicable to Canada: After any dispute arises, the parties involved in the dispute may agree to resolve the dispute using Arbitration. If the parties elect to use arbitration, disputes shall be referred to ADR Institute of Canada. For a copy of the procedure to file a Claim, or for other information about this organization, contact them as follows: www.adrcanada.ca.
Miscellaneous
Subject to the Disputes section above, these Terms of Service shall be governed by and construed in accordance with the laws of the State of Ohio, including its conflicts of law rules, and the laws of the United States of America. Subject to the Disputes section above, you agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Cuyahoga County, Ohio.
The Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Service. The Company may assign its rights and duties under these Terms of Service to any party at any time without notice to you.
Notices
Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given: (i) when received, if personally delivered or sent by certified or registered mail, return receipt requested; (ii) when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or (iii) the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to support@navage.com.
Effective Date of these Terms of Service: February 12, 2020
