1. General. Naveon is owned and operated by Care+ Ventures, L.L.C., a Louisiana limited liability company (“Care+”, “we”, “our” and “us”). We reserve the right to revise any of these Terms in our sole discretion at any time by updating this posting in Naveon, such changes to be effective prospectively. Naveon may contain areas in which additional terms and conditions (“Additional Terms”) apply. For purposes of the use of such areas, in the event of a conflict between the Additional Terms and these Terms, the Additional Terms shall prevail. We reserve the right to change these Terms or Additional Terms, in our sole discretion, at any time without prior notice to you and such changes shall be effective upon posting in Naveon. You will receive notice of any revisions to the Terms or the Additional Terms within Naveon, and you are responsible for regularly reviewing Naveon to obtain timely notice of such changes. Your continued use of Naveon after changes are posted constitutes your acceptance of the changed Terms and Additional Terms. If you do not agree with the changes, please discontinue use of Naveon immediately.

2. Copyright. Naveon, and all content available therein, is protected by copyright. Except for the Downloads (subject to the license set forth in the next section of these Terms), no portion of Naveon may be copied, reverse engineered, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without Care+’s prior written consent. Any such modification or use of Naveon’s content for any purpose not authorized under these Terms is a violation of the copyrights and other proprietary rights of Care+ (or other entities where so indicated). Permission for all uses of Naveon other than as expressly authorized under these Terms, including reproducing and distributing multiple copies, or linking to any page related to Naveon must be obtained from Care+ in advance. Any such request should be submitted via an email torequests@naveonguides.com. The use of Naveon, or any content available herein, on any other website or networked computer environment is prohibited. All design rights, compilation rights, and other intellectual property rights in and to Naveon, in each case whether registered or unregistered, and related goodwill are proprietary to Care+.

3. Downloads; Restrictions. The questions, notes, images, video and audio content and other related materials specified as available to be downloaded in Naveon are collectively referred to in these Terms as the “Downloads.” Care+ grants you a limited, non-exclusive, non-transferable, non-licensable, revocable license to use and copy solely for your personal and non-commercial purposes any of the Downloads that you download from or otherwise access in Naveon. Except as expressly authorized in the previous sentence, you shall not, directly or indirectly, in whole or in part: (i) copy any of the Downloads without Care+’s prior written consent; (ii) sell, rent, lease, load, license, sub-license, distribute, publish, assign or otherwise transfer any rights in any of the Downloads without Care+’s prior written consent; (iii) permit any third party to benefit from the use of any of the Downloads via a time-sharing, service bureau or similar arrangement; (iv) send, process or store material containing software viruses, worms, Trojan horses or other harmful or malicious computer code, files, scripts, agents or programs; (v) use any of the Downloads in any unlawful manner or for any unlawful purpose; (vi) remove or destroy any copyright notices or other proprietary markings on any of the Downloads; or (vii) do anything which adversely affects Care+’s right, title or interest in or to the Downloads.

4. No Provision of Medical Care. Your, or the Patient’s, hospital, clinic, home health, hospice or other healthcare institution, (collectively, the “Healthcare Institution”) has provided you access to Naveon which contains tools and information that are intended to help you communicate and participate with your, or the Patient’s, health care providers in the management of health care. All content provided in Naveon, including the Downloads and all other text, graphics, images and content from external sources, and any other content, is provided for informational purposes only. The tools and information Naveon provides are not intended to be, and are not, professional medical advice or a substitute for such advice, or for diagnosis, treatment, cure, or prevention of any health conditions, and you should not rely on them as such. No doctor-patient relationship is formed by your use of Naveon or the information Care+ provides. Naveon does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned in Naveon. Reliance on any information provided by Naveon, Care+ employees, others appearing in Naveon at the invitation of Care+, or other users of Naveon is solely at your own risk.
   
   IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

5. Using the Information from Naveon. Always seek the advice of your doctor or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read or obtained in Naveon. You should consult your doctor or other qualified health care professional if you have any questions about a medical condition, and before taking any drug, changing your diet, or commencing or discontinuing any course of medical or other health care treatment.

6. Password. In order to access Naveon, an account will be created for you (an "Account"). When updating an Account, you may be required to provide Care+ with certain personal information which will be held and used in accordance with our Privacy Policy. You may never use another's Account without permission or permit another to use your Account. You are responsible for (i) keeping confidential any password created to use any aspect of Naveon and (ii) restricting access to your computer or mobile device. You agree to accept full responsibility for all activities that occur within your Account. You must notify us immediately of any breach of security or unauthorized use of any part of your Account.

7. Lead Decision Maker. If you are designated, legally or otherwise, as the individual responsible for decisions related to the care, treatment and all other associated items related to a patient (the “Patient”), you will be designated in Naveon as the Lead Decision Maker for that Patient. In some cases, the Lead Decision Maker may be designated by the Patient, while in other cases the Lead Decision Maker may be a family member, friend or other such person as is appropriate in the given situation in accordance with factors such as, but not limited to, patient designation, family designation or legally binding designation.

8. Patient Circle/Support Team. The Patient, or the designated Lead Decision Maker if one exists, will be considered the administrator (the “Patient Administrator”) for the Patient in Naveon. The Patient Administrator will determine which other, if any, family, friends or individuals are authorized and granted access to use Naveon with respect to the Patient. These authorized individuals are designated as constituting the Patient Circle, also known as the Support Team, in Naveon. Certain functions in Naveon will only be accessible by the Patient Administrator, while others will be available to all individuals added to the Patient Circle/Support Team. The Patient Administrator acknowledges and fully understands that any individual added to the Patient Circle will have access to view content or other items recommended by the Patient’s health care team for review, as well as content, questions or other items that the Patient Administrator or other Patient Circle/Support Team members may send to the Patient’s health care team. By the addition of an individual to the Patient Circle/Support Team, the Patient Administrator is granting the individual permission and access to view this information, and will be solely responsible for the involvement, actions and other situations resulting directly or indirectly from said decision.

9. Accuracy, Completeness, Timeliness. Care+ believes the information provided in Naveon to be accurate at the time it is first posted. However, given the complexity of health care conditions and the specific health, history, needs, and circumstances of each Patient, Naveon cannot provide information that covers all possible cases, uses, directions, precautions, drug interactions, adverse effects, or other matters that may be relevant to you or your particular health care condition. Health care knowledge and practice can evolve rapidly, and as a result some of the information Naveon provides may become outdated, making it incorrect, and will only be updated periodically, if at all. Care+ makes no representation or warranty, either express or implied, as to the accuracy, completeness, adequacy, currency or timeliness, of the information and tools provided in Naveon. The use of any content Naveon provides is at your own risk. Care+ shall not be liable for your reliance on any incorrect or outdated information in Naveon. Care+ further assumes no liability or responsibility for any errors or omissions in any of the content of Naveon or the information provided to you.

10. Prohibited Activities. In using Naveon, you shall not transmit to Care+ or upload to Naveon any Harmful Code or use or misappropriate the data in Naveon for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (i) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication; (ii) would enable an unauthorized person to cause such result; or (iii) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. In addition, you must not send or otherwise transmit to or through Naveon any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar or otherwise objectionable material of any kind; misrepresent your identity or affiliation in any way; violate any applicable laws or regulations; or assist or permit any persons in engaging in any of the activities described above.

11. User-Submitted Information. You must exercise caution, good sense and sound judgment in using Naveon. You are responsible for any information that you transmit to or through Naveon (or to us through email). You agree, represent and warrant that any information you transmit to or through Naveon (or to us through email) is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such information. Certain information collected from you in Naveon is subject to our Privacy Policy available in the Settings area of the Naveon Mobile Application and at the bottom of the page in the Naveon Administrative Portal and the Naveon Patient Insight Portal. Care+ does not accept or consider unsolicited ideas, including ideas for new products or technologies. You must not transmit any material to or through Naveon that you consider to be confidential or proprietary. Any material that you transmit to or through Naveon, except for that information expressly covered by the Privacy Policy, will be considered non-confidential and non-proprietary. Except as expressly provided in our Privacy Policy, you give Care+ an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any such information. You further agree that Care+ has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (or those who act on your behalf) transmit to or through Naveon.

12. Non-Commercial Use.  Naveon is for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Care+. Any use of Naveon in violation of this provision, including communicating any advertisement or solicitation, or collecting usernames and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to Naveon, is prohibited.

13. U.S. Government Users Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Care+’s proprietary rights in them. Naveon may contain other proprietary notices and copyright information which should be observed.

14. Trademarks. All trademarks, service marks, logos and trade names in Naveon, whether registered or unregistered, including but not limited to “Naveon”, “Care Plus”, “Care+”, “Care+ Ventures”, “Care Plus Ventures”, “Care+ Ventures L.L.C.” and “Care Plus Ventures L.L.C. (collectively, the “Marks”) are proprietary to Care+ or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

15. Links to Other Websites. For your convenience, Naveon may contain links to other websites that are unaffiliated with Naveon. If you use these links, you will leave Naveon. Certain of these linked websites may make use of Care+’s intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from Care+. We are not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website, whether or not Care+ is affiliated with the owners of such websites. Providing links to these websites should not be interpreted as endorsement or approval by Care+ of the organizations sponsoring such third-party websites or their products or services. In addition, these websites may prompt you to establish an account with a third-party service provider not owned or operated by Care+. Your agreement and understanding with any such third-party service provider is solely between you and such service provider. Care+ will not be a party to or in any way be responsible for your agreement with such third-party service provider. Any disputes you may encounter with such third-party service provider shall be settled solely between you and the service provider. These Terms do not apply to any other website.

16. Applicable Law; Jurisdiction. Naveon is controlled and operated by Care+ from its offices within the State of Louisiana. Care+ makes no representation that the Downloads or any other content available in Naveon are appropriate or available for use in other locations. Those who choose to access Naveon from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent such laws are applicable. Access to Naveon from jurisdictions where the contents of Naveon are illegal or penalized is prohibited. No information or software from Naveon may be downloaded or otherwise re-exported (i) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By using information or software from Naveon, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

17. Termination. Care+ or your Healthcare Institution may terminate your use of Naveon at any time in their sole discretion. Upon any such termination, you must destroy any Downloads, or any other content obtained from Naveon and all copies thereof. The provisions of these Terms concerning Naveon security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination.

18. No Guarantee. You acknowledge that Care+ does not endorse, represent or guarantee the truthfulness, accuracy, completeness, or reliability of any of the Downloads or any other content available in Naveon. You acknowledge that any reliance on any of the Downloads or any other such content will be at your own risk.

19. Disclaimer. ALL OF THE MATERIALS available in Naveon, AND ALL OTHER CONTENT HEREON, are provided “as is” and without warranties of any kind. To the fullest extent permissible pursuant to applicable law, Care+ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Care+ does not warrant that Naveon will be uninterrupted or error-free, that defects will be corrected, or that Naveon will be free of viruses or other harmful components. Care+ does not make any representations or warranties regarding the use or the results of the use of the Downloads or any other Content in Naveon in terms of their correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so some or all of the foregoing disclaimers may not apply to you.

20. Limitation of Liability. To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall Care+, ITS MEMBERS, MANAGERS, OFFICERS OR EMPLOYEES be liable for any consequential, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR DAMAGES OF ANY KIND, OR FOR LOSS OF USE, DATA OR PROFITS, resulting from the use of, or the inability to use Naveon, even if Care+ or a Care+ authorized representative has been advised of the possibility of such damages. Applicable law may not allow SOME OR ALL OF THIS limitation of liability, so IT may not apply to you.

21. Site Security. You are prohibited from violating, or attempting to violate, the security of Naveon. Any such violation may result in criminal and/or civil penalties against you. Care+ will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

22. Privacy. Personal information about you and certain other information obtained through Naveon is governed by our Privacy Policy available in Naveon, which is incorporated by reference to these Terms.

23. Relationship with Healthcare Institution. Your use of Naveon does not alter, amend, or replace your relationship with your Healthcare Institution, doctor, or other healthcare providers. The provision of access to Naveon by your Healthcare Institution is conditioned upon your agreement to be bound by these Terms.

24. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Care+’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Care+ may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

25. Governing Law; Disputes; Arbitration. These Terms shall be interpreted in accordance with the laws of the State of Louisiana, exclusive of conflict or choice of law rules. Any dispute, claim or controversy arising out of or relating to Naveon or these Terms, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope, validity, or applicability of this agreement to arbitrate, shall be determined by arbitration in Baton Rouge, Louisiana, before a panel of three neutral arbitrators, unless the matter in controversy is within the scope of an applicable small claims court’s jurisdiction. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude Care+ or you from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties. You agree to maintain the confidential nature of the arbitration proceeding and the Award, including any and all Hearings held in connection therewith, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision. For the purposes of these Terms, “Award” means a final determination on the merits by a panel of arbitrators in an arbitration conducted in accordance with the provisions of this Section 24, and “Hearing” means any meeting, proceeding or convening with the Parties and the panel of arbitrators, held in accordance with the provisions of this Section 24.

26. Other. 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 is the entire agreement between the parties relating to the subject matter herein (unless you are a beta customer of Care+, in which case any conflicting terms of your beta customer agreement with Care+ shall control as long as such agreement is in effect). The section titles in these Terms are for convenience only and have no legal or contractual effect.

27. Questions. If you have any questions regarding these Terms, please submit your questions via an email to questions@naveonguides.com. You may also contact Care+ at 6400 Perkins Road, Baton Rouge, LA 70808.We will endeavor to respond to you promptly.

Last Updated:  October 1, 2019