Last updated: March 20, 2019

 

This website, www.nuahr.com, (the “Site”) is made available by Nua Group LLC, a California limited liability company and its affiliates (“Nua Group”), and provides information about Nua Group and its services. All content, material and information available on and through the Site may be used solely under the following Terms and Conditions (“Terms”). These Terms relate only to use of the Site. Use of Nua Group’s services will be additionally governed by a separate agreement or agreements between Nua Group and its clients.

 

Agreement to Terms 

Please read these Terms carefully before accessing the Site. By accessing and using the Site, you are consenting to the Terms outlined below and agreeing to be bound by and comply with the Terms. If you do not agree to any portion of the Terms, you should not access or otherwise use the Site. By continuing to access the Site, you agree that you will only use the Site as provided in the Terms and will not use the Site, or any rights given by these Terms, for purposes that are unlawful. You affirm that you have the authority to enter into this agreement. By continuing to access this Site, you warrant you are fully able and competent to enter into legally enforceable contracts.

 

Modification to Terms

Nua Group may modify the Terms at any time, in its sole discretion, and without any advance or concurrent notice. Updated versions of the Terms posted on the Site are effective immediately, and will identify the new “Last updated” date.  You are responsible for regularly reviewing the Terms and your continued access and use of the Site, after any such modifications, constitutes your acceptance of the modified Terms.

 

Intellectual Property and Proprietary Rights

All content on or made available through the Site, including, without limitation, any and all articles, submissions, text, graphics, images, icons, software and other elements making up the Site, excluding content you upload or post onto the Site (if permitted), is the property of Nua Group and/or its content providers and is protected by copyrights, trademarks, patent and trade secret laws and/or other proprietary rights and laws of the United States and/or other countries. Further, all the names, logos, other trademarks/service marks (our “Marks”), brand names and trade dress and trade names owned by Nua Group in the United States are the property of Nua Group.

​

With respect to the preceding intangible assets owned by Nua Group, you have no rights to such material or assets, except as expressly provided herein or otherwise agreed to by us in writing. You may not use or publish our Marks in any way, without our prior consent. Our Marks may not be used in connection with a product or service that is not ours, or in a way that causes confusion with consumers or casts us in a negative light.  Nothing contained in the Site shall be construed as granting any express or implied rights to use any of the above described intangible assets, and any unauthorized use of our property may be a violation of applicable law.

​

If we permit the posting by users of content on our Site, you agree that Nua Group has the right to remove any content submitted to the Site at any time. By submitting content to this Site, you grant Nua Group an irrevocable, perpetual, royalty-free, nonexclusive right and license to use, modify, publish, reproduce, edit, translate, distribute, transmit, create derivative works from, perform and display such content, either in whole or in part, and to incorporate or use your submitted content in other works in any form for the full duration of any rights that exist in the submitted content.

 

Authorized Use

The content on the Site is intended for personal use only. The Site shall be used only for information purposes and the benefit of you and the organization you represent. Visitors to the site may print one copy of an article or other content on the Site only for informational purposes and for their own personal use or use within their organization, so long as any indication of our (or a third party’s) copyright rights are not obscured. You agree not to modify, copy, print, display, reproduce, distribute, or publish any information from the Site, except to the extent permitted under the Terms for your own personal use or for use internally by your organization. You agree not to recirculate, redistribute or publish any parts of the Site, or use the Site for any commercial use, without obtaining Nua Group’s written consent. You agree not to establish and/or utilize unauthorized hypertext links to the Site without Nua Group’s consent, and acknowledge and agree that we may disable any links and/or framing (i.e., bringing up the content of our Site in another website) not authorized by Nua Group. Any unauthorized use of the Site or its content is prohibited.

 

Third-Party Content and Links To or From Other Sites

Third party content and access or links to third-party sites might be available on the Site. Nua Group makes no representations concerning the content provided by third parties or the content provided on third-party sites and Nua Group’s link to third-party sites through the Site is not a sponsorship, endorsement, or representation of an affiliation by Nua Group to any third-party site, or the providers, owners, or affiliates of any third-party site. Nua Group accepts no responsibility for content or conduct of such third-party sites. Additionally, there may be authorized or unauthorized links to the Site on third-party sites. Nua Group is not responsible for the contents of any other internet sites linked to the Site. You accept the sole risk when you access linked internet sites.You are responsible for locating, reading and adhering to the terms of use of any third-party site you choose to access or use, either by linked access or otherwise, and Nua Group hereby disclaims any and all liability related to any third-party site.

 

Disclaimers and Limitation of Liability

Nua Group makes no representations or warranties of any kind about the suitability of the content of the Site for any purpose. All content is provided "as is" and “as available” for your use without warranties of any kind, either express or implied. Nua Group disclaims all express or implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. While Nua Group strives to provide accurate, current, and complete content, Nua Group does not represent or warrant that the Site is error-free. You may not rely on the content on the Site; but, rather, it is your obligation to verify any information independently before relying on it. Nua Group does not warrant or guarantee continuous, uninterrupted or secure access to the Site, or that the Site and the way in which content is displayed IS SUITABLE FOR USE ON YOUR EQUIPMENT. nUA gROUP DOES NOT WARRANT OR gUARANTEE THAT THE SITE HAS NO ERRORS, VIRUSES, WORMS, malicious code or other harmful components, or THAT IT IS otherwise secure, AND NUA GROUP IS NOT LIABLE FOR DAMAGES OF ANY KIND arising from such components. Nua Group does not warrant or guarantee that defects will be corrected. The information on the Site is not intended as accounting, consulting, insurance, tax, legal, or any other type of professional advice, nor is it intended to be taken as advice regarding any individual situation. You agree that your use of the Site is at your sole risk.

​

To the maximum extent permitted by applicable law, neither NuaGroup, its licensors, suppliers, partners, affiliates or third party providers shall be liable to you or any third party for any injury, loss, claim, or special, indirect, punitive, exemplary or consequential damages, or any damages whatsoever, arising out of, resulting from, or in any way relating to access to or use of the Site and/or its content, regardless of the form of action oR basis of the claim, even if we are aware of the possibility of such damages.

​

The above exclusions do not apply to you if the applicable laws of a jurisdiction restrict their application to you. OTHER COUNTRIES MAY PROVIDE YOU WITH ADDITIONAL AND/OR DIFFERENT RIGHTS. tHIS DISCLAIMER OF LIABILITY SHALL NOT ALTER ANY RIGHTS PROVIDED TO YOU BY THE LAWS OF OTHER JURISDICTIONS. 

​

At any time and from time to time Nua Group may make changes in the products and/or services described herein, however, Nua Group makes no commitment to update the Site and expressly disclaims liability for errors or omissions in it.

 

Indemnification

You agree to defend, indemnify and hold Nua Group and its affiliates, managers, members, officers, employees and agents harmless from and against any and all losses, expenses, costs or damages (including our reasonable attorneys’ fees, expert fees, and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon, directly or indirectly, (i) your breach of our Terms, (ii) your violation of any third party right, including, without limitation, any copyright, trademark, property or privacy right, (iii) any claim that content or links posted by you (if applicable) caused damage to a third party, or (iv) your access to or use of the Site. This section shall indefinitely survive termination of the Terms and your use of the Site.

 

Privacy Policy

You acknowledge and agree that your use of the Site is subject to Nua Group’s Privacy Policy which is available here. 

 

Unlawful Activity and Remedies for Violations of These Terms

Nua Group reserves the right to investigate complaints of activity that may be in violation of the Terms and to seek all remedies available at law and/or in equity for any such violation. Nua Group reserves the right to block access to the Site and its features.

 

Severability

If any provision of the Terms is invalid, unlawful, void or unenforceable, or conflicts with any other provisions of the Terms, the invalid, unlawful, void, unenforceable or conflicting provisionshall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

 

Governing Law; Jurisdiction 

These Terms and the use of our services will be interpreted under and governed by the substantive law of the State of California, without regard to any conflicts-of-law rules. You agree that the exclusive jurisdiction for the resolution of any dispute with Nua Group or its licensors, affiliates, managers, members, officers, employees, contractors, agents, vendors, arising in any way from use, content or subject matter of this Site or our Privacy Policy, shall reside in the state and federal courts located in San Francisco County, California. You expressly consent to the exercise of personal jurisdiction by such courts, and agree that you will not object to jurisdiction or venue in such courts on the grounds of lack of personal jurisdiction, forum non conveniens, or other otherwise.

 

Feedback

We welcome your feedback, comments and suggestions.(“Feedback”). You can submit Feedback by emailing us at feedback@nuahr.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicenseable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

 

Official Correspondence 

Official Correspondence must be sent via post to:

​

Nua Group LLC

201 California Street, Suite 300

San Francisco, CA 94111