Terms of Use

NOVASENTA INC.’S WEBSITE TERMS OF USE

Updated as of August 17, 2021

Online Disclaimer

Thank you for your interest in Novasenta Inc. (“Novasenta” or “We”) and for visiting our website at www.novasenta.com (the “Site”).  Novasenta is located at 350 Technology Drive, Suite 501, Pittsburgh, PA 15219.  These terms of use constitute an agreement between Novasenta and you (“you” or “User”) concerning use of this Site. Please carefully read these terms and conditions.

Note that these terms of use contain an arbitration provision that requires arbitration on an individual basis, waives your right to trial by jury, and waives your right to participate in any purported class action or representative proceeding in the event of disputes within the scope of the Dispute Resolution Section.

By using this Site, you agree to these terms of use and terms incorporated herein by reference.  If you do not agree to these terms of use, you may not access or use the Site.

GENERAL WEBSITE DISCLAIMER

  • This Site is a general-purpose website that provides information about Novasenta and its partners and other educational resources. It is for educational and information purposes only and does not render medical advice or professional services. Novasenta does not sell or deliver services through the Site.  You may not order or contract with Novasenta through the Site.  We may revoke your access and use of the Site at any time.  The information provided through this Site should not be used for diagnosing or treating a health problem or disease.  It is not a substitute for professional health care.  If you have or suspect you may have a health problem, you should consult your health care provider.
  • If you think that you may have a medical emergency, call your doctor or emergency medical services immediately (911) or go to a hospital Emergency Department. 
  • Novasenta disclaims any liability whatsoever for any documentation, information, programs, software, or other material that is or may become a part of the Site. Novasenta does not warrant or guarantee that the information will not be offensive to you or that it will meet your needs and requirements.
  • Novasenta controls the Site from our offices in Pittsburgh, Pennsylvania, USA. You and Novasenta agree that, except as provided in the Dispute Resolution Section below, your access to the Site and these terms of use, and any dispute between you and Novasenta relating to your use of the Site and these terms of use, will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflicts-of-laws provisions.
  • These terms of use, materials referenced in these terms of use, and the content of the Novasenta Site are subject to change at Novasenta’s sole discretion without prior notice to you. Any changes made are effective upon posting. It is your responsibility to review these terms of use each time you access the Site, because you will be bound by any changes made.

PRIVACY POLICY

Novasenta’s Privacy Policy (insert link to Privacy Policy here) (“Privacy Policy”) explains what information we collect, how we collect information, and why we collect information when you visit or use our Site. It also explains when, why, and with whom we share that information when you use the Site. The term “personal information” used in these terms of use means information about an individual that identifies or describes a natural person.

Our Privacy Statement covers Novasenta, its subsidiaries and any of its/their online services accessible via this Site:

Organization Name: Novasenta Inc.

Address: 

350 Technology Drive, Suite 501, Pittsburgh, PA 15219

  • Collection and Use of Personal Information

You can access and browse the Site without disclosing your personal information.  We only collect the personal information that you choose to volunteer in connection with requests to receive communication and/or information from Novasenta. You hereby agree to Novasenta’s (insert link to Privacy Policy here) – please read our Privacy Policy carefully to understand how we collect and use your information. Novasenta will not be liable for any improper use or disclosure of personal information you choose to provide on the Site that is not caused by Novasenta’s intentional misconduct.

LINKS TO OTHER SITES

The Site may include links to third party Web service providers. These links are provided solely as a convenience to you and not as an endorsement of the content on such sites. We are not responsible for the content of linked third-party sites. If you decide to access these linked websites, you do so entirely at your own risk. You agree that Novasenta shall not be responsible for any loss or damage of any kind incurred because of your access or use of these websites. Novasenta does not monitor or review the content of such third-party websites and you acknowledge and agree that We:

  1. are not responsible for such websites including the terms on which such websites are made available and/or the privacy policies of such websites, and do not control their content or availability; and
  2. make no representation, warranty or condition, either express or implied, in relation to any goods or services or information received from such websites.

SOCIAL MEDIA

  • Novasenta encourages open dialogue and appreciates the importance of the visitor experience. In certain cases, Novasenta may give you the opportunity to post information on one of our websites or other social media sites in which Novasenta participates. We encourage you to share your story, to “like” any post, and to share with your friends using “share” links. Discussions, questions, and commentary are welcome, and Novasenta asks that posts be respectful. Through Novasenta’s participation on any social media site, Novasenta agrees to observe the site’s posting guidelines and terms of use, as well as our own.
  • Novasenta shall not be held responsible for content submitted by other social media site users. Novasenta also reserves the right, but is not obligated, to remove any posts, graphics, comments, videos, photos, or any other content that:
    • Is libelous, defamatory, or disparaging
    • Violates another party’s copyright, trademark, or other intellectual property rights
    • Affects the privacy rights of any individuals
    • Condones or promotes illegal activity
    • Is inaccurate, misleading, fraudulent, or deceptive
    • Uses harsh, obscene, hateful, or threatening language
    • Is spam, or is intended to cause technical disruptions to a Novasenta website or social media site
    • Offers unauthorized advice or tips
    • Markets commercial products or solicits monetary contributions to any organization
    • Is off-topic or excessive
    • Violates any applicable law
  • Novasenta is not obligated to respond to any post or request for information or advice made on a social media site. 

COOKIES NOTICE

The Cookies Notice in the paragraphs below describes the various technologies We may use when you access and use our Site. Please read this Cookies Notice carefully, as it describes how we collect and store information, including through cookies, pixel tags, and local objects (collectively referred to in this notice as “Cookies”) on our Site, the reasons we use these Cookies, and how you can disable them. This notice applies to any Site where this notice is placed or that references this notice.

  • What are Cookies and why does Novasenta use them?

A Cookie is a small text file, including a unique reference code, that is stored in your device by your web browser when you visit or use the Site, and that your browser provides to us each time you return to the Site. Almost every website uses these files. Cookies may store certain information such as your internet protocol (“IP”) address, operating system, device information, browser type and language, referring URLs, access times, pages viewed, links clicked, and other information about your activities or use of the Site. These are used to identify the content you view, the content you provide so that you do not have to re-enter it each time you visit our Site, and your preferences and settings. Cookies also help us provide you with customized content, speed navigation through our Site, allow us to learn about your visit and use of our Site, and to market our products and services to you on our Site and non-Novasenta websites based on your interests and preferences.

There are two kinds of Cookies: session Cookies and persistent Cookies. Session Cookies last for as long as your internet browser is open. Once the browser closes, the session Cookie disappears. Persistent Cookies are stored on your device for longer periods. Both types of Cookies can create an identification that is unique to your device.

  • What type of Cookies does Novasenta use?

We may use two different types of Cookies, depending on how you use the Site. These are called Performance Cookies and Analytics Cookies. We do not use the same Cookies in every online service.

  1. Performance Cookies are stored on your device for longer periods and are used for various performance purposes including tracking the number of visitors to the Site and information such as the number of views a page gets, how much time a User spends on a page, and other pertinent web statistics. The collected information is collected and stored in aggregate form. These Cookies are used exclusively to improve the performance of the Site and the User experience.
  2. Analytics Cookies are used with our web analytics services from third parties, such as Google Analytics. These services use Cookies to collect information such as IP address, device ID, browser information, geolocation, content viewed, or other similar information for the purpose of analyzing and measuring how visitors use the Site and specific functions and features.
  • Your Choices: How to Manage and Disable Cookies

You can manage or disable Cookies at any time by adjusting your browser or device settings. Browsers and devices are different, so refer to the settings menu of your browser or device control settings for instructions on how to change your Cookie preferences. If you choose not to receive Cookies, our Site or portions of our Site may not function properly or be available to you.

To learn more about the use of Cookies by Google for analytics and to exercise choice regarding those Cookies, please visit the Google Analytics Opt-out Browser Add-on. For information about cookies used by other third parties, visit:

Microsoft: privacy.microsoft.com/en-us/privacystatement

Adobe: helpx.adobe.com/flash-player/kb/disable-third-party-local-shared.html

  • Changes

New services and specific Cookies may be added from time to time without prior notice to you. Accordingly, this Cookies Notice may be updated and posted online. Any updated Cookie Notice will become effective when posted. Please review this Cookies Notice periodically.

CHILDREN’S PRIVACY

We are committed to protecting the privacy of children. Novasenta’s Site is not intended or designed to attract children under the age of 13. We do not knowingly collect, maintain, or use personal information from children under 13 years of age. If you learn that your child has provided us with personal information without your consent, you may alert us at info@novasenta.com. If we learn that we have collected any personal information from children under 13 years old, we will promptly take steps to delete such information.

SECURITY POLICY

Novasenta maintains commercially reasonable standards of security for the protecting our Site and information. Even so, no data transmission over the Internet is 100 percent secure. You should take appropriate precautions to protect personal and confidential information, and to use your devices/apps in a secure and responsible manner. Novasenta is not responsible for the security of your devices. If you have concerns about the transmission of your information over the Internet, you should consider using non-electronic communication methods.

CONTENT REVIEW

Novasenta’s goal is to provide high quality information through the content on our Site. Every effort has been made to provide accurate and timely information that will be useful to its readers.

We define content as all material (text, images, graphics, tables, audio, and visual) and menu icons, bars, listings, indices, as well as functions that support content such as links, navigation, searches, and calculations.

Novasenta uses original, stock, and purchased photography on the online service. The individuals portrayed in the images are models and are not intended to imply endorsement or any association with any illness or condition.

We endeavor to provide accurate and current information that will be useful to the User. However, we don’t offer you any warranty or guarantee related to our Site; we specifically disclaim any warranties, expressed or implied. It is the responsibility of visitors to our Site to evaluate the information we provide and determine its relevancy and usefulness to them.

RESTRICTIONS ON USE

By using our Site, you agree to the following terms of use, which constitute an agreement between Novasenta and you.

Novasenta owns or licenses the information on the Site. The entire contents and design of our Site are protected under U.S. and international copyright laws. You may look at our Site online, download information to your computer to read later, or print copies of pages for yourself, your family, or your friends. However, you must not remove any copyright notices from our materials. We reserve all other rights, which means that you must not sell our information, rewrite or modify it, redistribute it, use it on your own website, or use it for any other commercial purpose without our prior written permission.

We usually permit other organizations to provide a simple link from their site to ours. However, you must first ask our permission if you intend to frame our Site or incorporate pieces of it into a different site or product in a way that could confuse our users. To request permission, please email info@novasenta.com.

NOT A SUBSITUTE FOR MEDICAL ADVICE

The contents of the Site (“Content”) are for informational purposes only and do not render medical advice or professional services unless we otherwise indicate. The information provided through our Site should not be used for diagnosing or treating a health problem or disease. It is not a substitute for professional care. If you have or suspect you may have a health problem, you should consult your health care provider. Never disregard professional medical advice or delay in seeking it because of something you have read on Novasenta’s Site.

Novasenta disclaims any liability whatsoever for any documentation, information, programs, software, or other material which is or may become a part of the Site. Novasenta does not warrant or guarantee that the information will not be offensive to any User. User is hereby put on notice that by accessing and using the Site, user assumes the risk that the information and documentation contained in the Site may be offensive and/or may not meet the needs and requirements of the User.

If you think you may have a medical emergency, call your doctor or emergency medical services immediately. 

CONTACT

Should you have any questions regarding these terms of use, the Privacy Statement, Cookies, or the collection, retention, or management of any information on this online service, please send an email to info@novasenta.com.

SUSPENSION AND TERMINATION

Novasenta may suspend or terminate your access to the Site at any time, for any reason or for no reason at all. Novasenta has the right (but not the obligation) to refuse to provide access to the Site to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. Novasenta reserves the right to change, suspend, or discontinue all or part of the Site, temporarily or permanently, without prior notice.

INTERNATIONAL USE 

Novasenta’s Site is designed for and intended for users in the United States of America only. Novasenta and its affiliates make no representations that the Site is applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site from territories where the content on the Site is illegal is prohibited. If you choose to access or use the Site from a location outside the United States, you do so on your own initiative and risk, and you are solely responsible for compliance with local laws.

INTELLECTUAL PROPERTY

All text, images, information, video, data, music, trademarks, trade names, trade dress, service marks, logos, layout, and other content displayed on the Site, as well as all underlying code and software, are owned and/or licensed by Novasenta and are subject to and protected by all applicable U.S. copyright, competition, trademark, and other laws and regulations.  Nothing contained on the Site is a license or right to use any element of the Site without the express written permission of Novasenta and/or the applicable third-party owner.

WARRANTY DISCLAIMER

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE FULLEST EXTENT PERMITTED BY LAW, NOVASENTA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITATION TO THE ABOVE, NOVASENTA DOES NOT PROVIDE ANY REPRESENTATION OR WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY , SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, NEEDS OR REQUIREMENTS, AND (V) THAT ANY ERRORS ASSOCIATED WITH THE SITE WILL BE CORRECTED.

NOVASENTA IS NOT RESPONSIBLE FOR ANY INACCURACIES OR DEFECTS IN THE INFORMATION, SOFTWARE, COMMUNICATION LINES, INTERNET OR YOUR INTERNET SERVICE PROVIDER (ISP), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE SITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NOVASENTA OR ITS AFFILIATES OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SITE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SITE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME AND PASSWORD. EXCEPT AS PROHIBITED OR LIMITED BY LAW, NOVASENTA CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES, OR LIABILITIES ARISING FROM YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE SITE.

LIMITATION OF LIABILITY

TO THE FULLEST EXENT PERMITTED BY LAW, YOU AGREE THAT NOVASENTA, NOVASENTA AFFILIATE(S), ANY NOVASENTA LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SITE OR PROVIDES A LINK TO THE SITE SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, FEFES, CHARGES, EXPENSES OR LIABILITIES YOU INCUR RELATED TO YOUR ACCESS AND USE OF THE SITE.

WITH RESPECT TO DIRECT DAMAGES, AND WHERE THE ABOVE EXCLUSIONS OF INDIRECT AND CONSEQUENTIAL DAMAGES IS LIMITED OR PROHIBITED UNDER LAW, YOU AGREE THAT ANY AND ALL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES YOU SUFFER OR INCUR RELATED TO YOUR ACCESS AND USE OF THE SITE THAT RESULT FROM ANY ACT OR OMISSION OF NOVASENTA, NOVASENTA AFFILIATES, ANY NOVASENTA LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SITE OR PROVIDES A LINK TO THE SITE SHALL BE LIMITED TO THE FEE PAID BY YOU PRIOR TO THE FIRST OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES, OR $100.00, WHICHEVER IS GREATER.

THE ABOVE LIMITATIONS AND EXCLUSIONS TO LIABILITY APPLY REGARDLESS OF THE TYPE OF DAMAGES OR CLAIMS, INCLUDING WITHOUT LIMITATION DAMAGES OR CLAIMS RELATED TO (I) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA; OR (II) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR (III) ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, OR SERVICES, OR (IV) OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE SITE. YOU AGREE THAT THIS LIMITATION APPLIES EVEN IF NOVASENTA, NOVASENTA AFFILIATES, ANY NOVASENTA LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SITE OR PROVIDES A LINK TO THE SITE HAVE BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES.

THE PARTIES AGREE THAT THE EXCLUSIONS OF REMEDIES AND LIMITATIONS SPECIFIED IN THIS SECTION ARE A REASONABLE ALLOCATION OF RISK, AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

UNDER NO CIRCUMSTANCES SHALL NOVASENTA, NOVASENTA AFFILIATE(S), ANY NOVASENTA LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SITE OR PROVIDES A LINK TO THE SITE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTNET, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KID INCURRED AS A RESULT OF THE USE OF THE SITE.

TO THE EXTENT THE ABOVE LIMITATION OF LIABILITY IS RESTRICTED UNDER LAW, THE ABOVE LIMITATION SHALL BE APPLIED TO THE EXTENT PERMITTED UNDER SUCH LAW.

DISPUTE RESOLUTION

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH NOVASENTA ON AN INDIVIDUAL BASIS AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM NOVASENTA.

  1. Scope of Dispute Resolution Section

As used in this Dispute Resolution Section (the “Section”), “Dispute” means any disputes, claims, suits, actions, causes of action, and/or demands in any way relating to or arising out of the Site or to these terms of use. This Section does not apply to any of the following types of claims:

(i) claims by employees of Novasenta entities related to the terms or conditions of their employment; (ii) claims by, or on behalf of, Novasenta patients for alleged medical malpractice, wrongful death, or similar personal physical injury or survivor claims related to the patient’s medical care at any Novasenta facility or by a Novasenta provider; (iii) any individual action brought in small claims court for disputes and actions fully within the scope of such court’s jurisdiction; or (iv) claims in which either party seeks injunctive or other equitable relief in a court of competent jurisdiction to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

  1. Waiver of Right to Pursue Class Action or Collective Claims (“Class Action Waiver Provision”)

You agree to resolve Disputes with us only in arbitration and only on an individual basis, and you waive any right to pursue any claims on a class, collective, or consolidated basis or in a representative capacity to the maximum extent permitted by applicable law. You and Novasenta agree that each may bring claims against the other only on an individual (non-class) basis and not as a plaintiff or a class member in any purported class or representative action or proceeding. Further, you and Novasenta agree that a Dispute cannot be brought as a class, collective, consolidated, or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals to the maximum extent permitted by law.

  1. Agreement to Arbitrate Claims; Waiver of Jury Trial

By agreeing to these terms of use, both you and Novasenta are waiving the right to a jury trial on any Disputes. For any Dispute in any way relating to or arising out of the Site or these terms of use, you and Novasenta agree that the Dispute shall be resolved by final and binding individual arbitration. No class, collective, consolidated, or other type of representative action arbitration will occur.

In addition, you and Novasenta agree that each party will notify the other party in writing of any arbitrable Dispute within thirty (30) days of the date the Dispute arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Novasenta shall be sent by certified mail or courier to 350 Technology Drive, Suite 501, Pittsburgh PA 15219. Your notice must include: (i) your name, street address, telephone number, the email address you use or used, and, if any, an email address at which you can be contacted; (ii) a brief description of the Dispute; (iii) the amount of money, if any, at issue in the Dispute; and (iv) the specific relief you are seeking. Novasenta will send notice to your last known street and email addresses on file, if any. Any Novasenta notice will include: (i) our name, street address, telephone number and an email address at which we can be contacted with respect to the Dispute; (ii) a description in reasonable detail of the nature of basis of the Dispute; and (iii) the specific relief that we are seeking.

If you and Novasenta cannot agree how to resolve the Dispute within thirty (30) days after the notice is received by the other party, then either you or Novasenta may, as appropriate and in accordance with this Section, commence an arbitration proceeding with a written demand for arbitration.

  1. Limitation on Time to Bring Action

You agree that regardless of any statute or law to the contrary, any claim or cause of action for or related to a Dispute brought by you must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will forever be barred. Note that this may be a shorter time period than allowed under otherwise applicable law.

  1. Arbitration Administration and Certain Procedures

You and Novasenta agree that, if and as available, any arbitration will be administered by JAMS under either its Streamlined or Comprehensive Arbitration Rules and Procedures, as applicable (“JAMS Rules”), except as otherwise modified by these Terms. The JAMS Rules are available here: https://www.jamsadr.com/rules-streamlined-arbitration/ or https://www.jamsadr.com/rules- comprehensive-arbitration/.

The JAMS form for a written demand for arbitration is available at https://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf.

If JAMS is unavailable or unwilling to conduct the arbitration for any reason, or the parties mutually agree that JAMS should not conduct the arbitration, then by mutual agreement the parties shall select an alternative, impartial, substitute arbitration administration service. This agreement to arbitrate is not contingent on JAMS being available or willing to conduct the arbitration.

You and Novasenta waive any right to bring Disputes before any court of law. Rights that you would have if you went to court, such as access to discovery, may be unavailable or limited in arbitration.

Arbitration proceedings will take place in a mutually convenient location as agreed by the parties. If the parties are unable to agree on a location, the arbitrator will select the arbitration venue, which will be within Pennsylvania. Alternatively, the arbitrator, in his or her discretion, may order that the arbitration proceedings be conducted by telephone, online, and/or solely based on written submissions.

The arbitrator will be either a retired judge or an attorney licensed to practice law in Pennsylvania and will be selected by the parties from the JAMS roster of arbitrators. If you and Novasenta are unable to agree to an arbitrator within fourteen (14) days of JAMS’ notice to the parties of its receipt of the arbitration demand, then JAMS will appoint the arbitrator in accordance with the JAMS Rules.

The arbitrator may award declaratory or injunctive relief only in favor of you or Novasenta and only to the extent necessary to provide the relief warranted by your or Novasenta’s individual claim. The arbitrator shall not have any power to issue relief to anyone but you or Novasenta.

These Terms affect interstate commerce and the interpretation and enforceability of this Section shall be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as otherwise modified by these Terms.

Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.

You have the right at your own expense to be represented by an attorney of your own choosing. Novasenta, likewise, has the right, at its own expense, to be represented by an attorney of its own choosing.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, Novasenta will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines that the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Novasenta for all costs and fees associated with the arbitration that Novasenta paid on your behalf which you otherwise would be obligated to pay under the JAMS Rules.

If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this Section will remain valid and enforceable. Further, the waivers set forth in this Section are severable from the provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.