CareMGMT™ TERMS AND CONDITIONS
We do not guarantee, represent or warrant that your use of our products or services, or of any wearable devices or other product provided by us in connection with our products or services, will be uninterrupted, timely, secure or error-free. If you have been provided with a wearable device, including but not limited to a device such as a Withings brand or other brand of smartwatch, in connection with our services, you acknowledge and agree that you will accept all risks, known or unknown, including any risks of personal injury, relating to your use of such wearable device.
We do not warrant that the results that may be obtained from the use of our products or services or of any wearable devices or other product provided by us in connection with our products or services, will be accurate or reliable. You agree that from time to time we may remove our products or services or any wearable device or other products provided by us from your use or possession of the same for indefinite periods of time or not provide products or cancel our services to you at any time, without notice to you.
You expressly agree that your use of, or inability to use, our products or services or any wearable device or other products provided by us is at your sole risk. Our products and services and all products and services delivered to you through or associated with our products and services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall Progentec Diagnostics, Inc., and its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury (including personal injury), loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our products or services or any products provided to you in connection with our products or services or procured using our products or services, or for any other claim related in any way to your use of any of the foregoing, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our products or services or any content (or product) posted, transmitted, or otherwise made available by us to you, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.
Acceptance of the Terms and Conditions of Use
These Terms and Conditions of Use are entered into by You and Progentec Diagnostics, Inc. (“Company”, “we” or “us”), and are intended to be legally binding in all respects. The following terms and conditions, together with any
documents they expressly incorporate by reference (collectively referred to below as “Terms of Use”), govern your access to and use of the CareMGMT™ platform, including the app and related services, and also including any content, functionality and services offered on or through any of the foregoing (all collectively being referred to herein as “CareMGMT™”), whether as a guest or a registered user.
Please read these Terms of Use carefully before you start to use CareMGMT™. By using CareMGMT™, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found here, which is incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use CareMGMT™.
CareMGMT™ is offered and available to users who are 18 years of age or
older, and reside in the United States or any of its territories or possessions. By using
CareMGMT™, you represent and warrant that you are 18 years of age or older and of legal age to form a binding contract with the Company and meet all of the foregoing eligibility
requirements. If you do not meet all of these eligibility requirements, you must not access or use CareMGMT™.
Changes to these Terms of Use
We may revise and update these Terms of Use from time to time in our sole
discretion. All changes are effective immediately when we post them, and apply to all
access to and use of CareMGMT™ thereafter. However, any changes to
the dispute resolution provisions set forth in Governing Law and Jurisdiction will not
apply to any disputes for which the parties have actual notice prior to the date the
change is posted on CareMGMT™.
Your continued use of CareMGMT™ following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access CareMGMT™ so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend CareMGMT™, and any service or
material we provide on or through CareMGMT™, in our sole discretion without notice.
We will not be liable if for any reason all or any part of CareMGMT™ is unavailable at any time or for any period. From time to time, we may restrict access to some parts of CareMGMT™, or the entire CareMGMT™ platform, to users, including registered users.
You are responsible for:
• Making all arrangements necessary for you to have access to CareMGMT™.
• Ensuring that all persons who access CareMGMT™ through your internet connection are aware of these Terms of Use and comply with them.
To access CareMGMT™ or some of the resources it offers, you may be
asked to provide certain registration details or other information. It is a condition of
your use of CareMGMT™ that all the information you provide on
CareMGMT™ is correct, current and complete. You agree that all information
you provide to register with CareMGMT™ or otherwise, including but not
limited to through the use of any interactive features on the associated Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your
information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password or any other piece of
information as part of our security procedures, you must treat such information as
confidential, and you must not disclose it to any other person or entity. You also
acknowledge that your account is personal to you and agree not to provide any other
person with access to CareMGMT™ or portions of it using your user
name, password or other security information. You agree to notify us immediately of
any unauthorized access to or use of your username or password or any other
breach of security. You also agree to ensure that you exit from your account at the
end of each session. You should use particular caution when accessing your account
from a public or shared computer so that others are not able to view or record your
password or other personal information.
We have the right to disable any username, password or other identifier, whether
chosen by you or provided by us, at any time in our sole discretion for any or no
reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
CareMGMT™ and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Progentec Diagnostics, Inc., its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use CareMGMT™ for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on CareMGMT™ or any associated Website or mobile app, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
•Delete or alter any copyright, trademark or other proprietary rights notices from
copies of materials from this site.
You must not access or use for any commercial purposes any part of CareMGMT™ or any services or materials available through CareMGMT™.
If you print, copy, modify, download or otherwise use or provide any other person
with access to any part of the Website or mobile app in breach of these Terms of Use, your right to use CareMGMT™ will cease immediately and you must, at our option, return
or destroy any copies of the materials you have made. No right, title or interest in or
to CareMGMT™ or any content on CareMGMT™ is transferred
to you, and all rights not expressly granted are reserved by Progentec Diagnostics, Inc. Any use of CareMGMT™ not expressly permitted by these Terms of Use is a breach
of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks
Progentec Diagnostics, Inc., the terms "Progentec," "aiSLE," “[AutoimmuneCorner]™”
"CareMGMT™," “LupusCorner®,” and all of the logos and all related names, logos,
product and service names, designs, slogans, are trademarks and/or service marks of Progentec Diagnostics, Inc. or its affiliates or licensors. You must not use any of the foregoing or such trademarks or service marks without the prior written
permission of Progentec Diagnostics, Inc. All other names, logos, product and service names, designs and slogans on CareMGMT™ are the trademarks or service marks of their
respective owners.
Changes to CareMGMT™ and Website
We may update the content on CareMGMT™ and any associated Website from time to time, but such content is not necessarily complete or up-to-date. Any of the material on CareMGMT™ and any associated Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to CareMGMT™ or associated Website
All information we collect on CareMGMT™ is subject to our Privacy Policy.
By using CareMGMT™ or any associated Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to CareMGMT™ and Social Media Features
You may link to CareMGMT™, provided you do so in a way that is fair and
legal and does not damage our reputation or take advantage of it, but you must not
establish a link in such a way as to suggest any form of association, approval or
endorsement on our part without our express written consent.
CareMGMT™ may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on CareMGMT™.
• Send e-mails or other communications with certain content, or links to certain content, on CareMGMT™.
• Cause limited portions of content on CareMGMT™ to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to
the content they are displayed with and otherwise in accordance with any additional
terms and conditions we provide with respect to such features. Subject to the
foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause CareMGMT™ or portions of it to be displayed, or appear to be displayed by,
for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of CareMGMT™ other than the homepage.
• Otherwise take any action with respect to the materials on CareMGMT™ that is inconsistent with any other provision of these Terms of Use.
CareMGMT™ from which you are linking, or on which you make certain
content accessible, must comply in all respects with
these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking
immediately to cease. We reserve the right to withdraw linking permission without
notice.
We may disable all or any social media features and any links at any time without
notice in our discretion.
Links from CareMGMT™
If CareMGMT™ contains links to other sites and resources provided by third
parties, these links are provided for your convenience only. This includes links
contained in advertisements, including banner advertisements and sponsored links.
We have no control over the contents of those sites or resources, and accept no
responsibility for them or for any loss or damage that may arise from your use of
them. If you decide to access any of the third-party websites linked to
CareMGMT™, you do so entirely at your own risk and subject to the terms
and conditions of use for such websites.
Geographic Restrictions
The owner of CareMGMT™, Progentec Diagnostics, Inc., is based in the state of Oklahoma in the
United States. We provide CareMGMT™ for use only by persons located in the
United States. We make no claims that the associated Website or any of its content is accessible
or appropriate outside of the United States. Access to CareMGMT™ may
not be legal by certain persons or in certain countries. If you access
CareMGMT™ from outside the United States, you do so on your own initiative
and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available
for downloading from the internet or CareMGMT™ will be free of viruses
or other destructive code. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for anti-virus
protection and accuracy of data input and output, and for maintaining a means
external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE
FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE
ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY
INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER
PROPRIETARY MATERIAL DUE TO YOUR USE OF CareMGMT™ OR ANY ASSOCIATED WEBSITE “THE WEBSITE” OR ANY SERVICES OR
ITEMS OBTAINED THROUGH CareMGMT™ OR THE WEBSITE OR TO YOUR DOWNLOADING OF ANY
MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND
ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN
“AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. NEITHER PROGENTEC DIAGNOSTICS, INC. NOR ANY PERSON OR ENTITY
ASSOCIATED WITH PROGENTEC DIAGNOSTICS, INC. MAKES ANY WARRANTY OR REPRESENTATION
WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY,
ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE
FOREGOING, NEITHER PROGENTEC DIAGNOSTICS, INC. NOR ANYONE ASSOCIATED WITH PROGENTEC DIAGNOSTICS, INC. REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE,
RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED,
THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR
EXPECTATIONS.
PROGENTEC DIAGNOSTICS, INC. HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED
TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS
FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL PROGENTEC DIAGNOSTICS, INC., ITS AFFILIATES OR THEIR LICENSORS, SERVICE
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR
DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN
CONNECTION WITH YOUR USE, OR INABILITY TO USE, CareMGMT™ OR THE WEBSITE, ANY WEBSITES
LINKED TO THEM, ANY CONTENT ON CareMGMT™ OR THE WEBSITE OR SUCH OTHER APPS OR WEBSITES OR ANY
SERVICES OR ITEMS OBTAINED THROUGH CareMGMT™ OR THE WEBSITE OR SUCH OTHER
WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, AND INCLUDING BUT NOT LIMITED TO,
PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF
REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS
OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT
(INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF
ANY OF THE FOREGOING WERE FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED
OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless Progentec Diagnostics, Inc., its affiliates,
licensors and service providers, and its and their respective officers, directors,
employees, contractors, agents, licensors, suppliers, successors and assigns, from and
against any claims, liabilities, damages, judgments, awards, losses, costs, expenses
or fees (including reasonable attorneys’ fees) arising out of or relating to your
violation of these Terms of Use or your use of CareMGMT™, including, but
not limited to, your User Contributions, any use of CareMGMT™'s content,
services and products other than as expressly authorized in these Terms of Use or
your use of any information obtained from CareMGMT™.
Governing Law and Jurisdiction
All matters relating to the CareMGMT™ and these Terms of Use and any
dispute or claim arising therefrom or related thereto (in each case, including noncontractual
disputes or claims), shall be governed by and construed in accordance
with the internal laws of the State of Oklahoma without giving effect to any choice or
conflict of law provision or rule (whether of the State of Oklahoma or any other
jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or
the Website shall be instituted exclusively in the federal courts of the United States or
the courts of the State of Oklahoma in each case located in the City of Oklahoma City
and County of Oklahoma although we retain the right to bring any suit, action or
proceeding against you for breach of these Terms of Use in your country of residence
or any other relevant country. You waive any and all objections to the exercise of
jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company’s sole discretion, it may require You to submit any disputes arising from
the use of these Terms of Use or the CareMGMT™, including disputes arising
from or concerning their interpretation, violation, invalidity, non-performance, or
termination, to final and binding arbitration under the Rules of Arbitration of the
American Arbitration Association applying Oklahoma law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING
TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF
ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Use
shall be deemed a further or continuing waiver of such term or condition or a waiver
of any other term or condition, and any failure of the Company to assert a right or
provision under these Terms of Use shall not constitute a waiver of such right or
provision.
If any provision of these Terms of Use is held by a court or other tribunal of
competent jurisdiction to be invalid, illegal or unenforceable for any reason, such
provision shall be eliminated or limited to the minimum extent such that the
remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement
between you and the Company with respect to the CareMGMT™ and
supersede all prior and contemporaneous understandings, agreements,
representations and warranties, both written and oral, with respect to the
CareMGMT™.