BY CLICKING "I AGREE," CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, OR THERWISE AFFIRMATIVELY CONSENTING TO AND ACCEPTING THESE TERMS OF SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE.
Pregimmune Corp dba Pregmune and/or its subsidiaries (collectively, "Company," "we," or "us") owns and operates the website located at www.pregmune.com and related applications (the "Platform"). Your access and use of the Platform, any part thereof, or anything associated therewith, including its content ("Content"), any products or services provided through the Platform or otherwise by Company, and any affiliated website, software or application owned or operated by Company (collectively, including the Platform and the Content, the "Service") are governed by these terms of service ("Terms of Service" and/or "Agreement").
Please read this Agreement carefully because it sets forth the important terms you will need to know about the Service. In this Agreement, the terms "you" and "yours" refer to the person using the Service.
Third-Party Service Providers and Your Relationship with Us - We make available to individuals who register as users of the Service ("Users") access to immunological information and certain related services offered by third- party labs other service providers via our Service. Our Service provides access to laboratory services from the following laboratories: Labcorp, Quest, Reprosource and other ones that may become available or needed from time to time at our own discretion (the "Labs"). In addition to facilitating the testing services provided by the lab(s) we provide certain additional content for informational purposes only that may be used by you and your local physician ("Your Physician", RE or OB). By accepting this Agreement, you acknowledge and agree that any services you receive from the Labs, through the Platform are subject to this Agreement, and that the Labs are third- party beneficiaries of this Agreement.
No medical advice
The contents of our Platform, including any risk estimates or other reports generated by the services (collectively, "Your Report") and any other information, data, analyses, editorial content, and references (collectively, "Content"), are for informational purposes only. They are not intended to provide professional medical advice, diagnosis, or treatment. They are not intended to be interpreted as a recommendation for a particular treatment plan. THE PLATFORM DOES NOT OFFER MEDICAL ADVICE. NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. THE CONTENT IS NOT INTENDED TO ADVOCATE OR RECOMMEND THE PURCHASE OR SELECTION OF ANY PRODUCT OR SERVICE. NEITHER THE PLATFORM NOR THE SERVICES ARE A MEDICAL PROGRAM AND ARE NOT INTENDED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. IF YOU SUSPECT THAT YOU MAY HAVE A MEDICAL CONDITION, CONSULT YOUR CLINICIAN. To satisfy the laws of certain states, we may arrange the services of a licensed clinician or other person authorized by law to order the blood test services or to receive your blood test results, prior to making these results available to you. However, these interactions are not intended to create, nor do they create any doctor-patient relationship. You should seek the advice of a doctor or other qualified health provider if you are experiencing any symptoms of or believe you may have any medical condition, regardless of any information contained within Your Report. You should not ignore professional medical advice or delay in seeking it because of any information provided to you in Your Report or any other Content. Furthermore, you should not interpret Your Report or your blood test results as recommending any specific treatment plan, product or course of action. You should always consult your doctor or other qualified health provider before starting any new treatment or stopping any treatment that has been prescribed for you by your doctor or other qualified health provider.
By accepting this Agreement, you acknowledge and agree that Company is not a healthcare provider and that by using the Service, you are not entering into a doctor-patient or other health care provider-patient relationship with Company. Further, we do not control or interfere with any professional service provided by the Labs, each of which is solely responsible for their provision of professional services rendered via the Service.
While you are not establishing a doctor-patient or other health care provider-patient relationship with Company, by using the Service, you are establishing a direct customer relationship with Company to use the Service, including the purchase of any non-medical services sold directly to you by Company via the Service. In connection with such relationship, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information, that is subject to use in accordance with our Privacy Policy. Please refer to the "Privacy Policy" section and the "Protected Information" section below for additional information.
Limited Use and Availability - Our Service is currently only available to individuals who are at least eighteen (18) years of age or older and who have accepted this Agreement. By visiting, accessing, registering with or using the Service, you represent and warrant to us that you are at least eighteen (18) years of age. Our Service is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements.
Website Privacy Policy - Company understands the importance of confidentiality and privacy regarding your personal information. Please see our Website Privacy Policy for a description of how we may collect, use and disclose your personal information.
Protected Health Information - When you set up an account with Company, you are creating a direct customer relationship with Company that enables you to access and/or utilize the various functions of the Service as a user. As part of that relationship, you provide information to Company, including but not limited to your name, email address and phone number, that we may collect, use and disclose in accordance with our Privacy Policy, and that we do not consider to be "health" or "medical" information.
However, in using certain components of the Service, you may also provide certain medical information that may be protected under applicable laws. Company is not a "covered entity" under the Health Insurance Portability and Accountability Act of 1996 and its related regulations (collectively, "HIPAA"). The Labs are "covered entities" under HIPAA and Company in some cases operates as a "business associate" of the Labs. Any health information that you provide that is subject to specific protections under HIPAA or applicable state laws (collectively, with PHI, "Protected Information"), will be used and disclosed only in accordance with such applicable laws.
However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA.
Authorization for Research - By accepting this Agreement and using the Service you give permission to Company, whether acting under the Company Privacy Policy or as a Business Associate under HIPAA, to use or disclose protected health information for research including genetic research, clinical research, retrospective research, immunological research. The health information that may be used for such research includes all information in medical records, results of physical examinations, medical history, lab tests and any other information relating to your health and/or to a particular condition. The health information listed above may be used by and/or disclosed (released) to researchers, staff and contractors along with partners and third-party service providers supporting the research studies. By accepting these terms and conditions, you authorize Company use and/or disclose your health information for this research. Those persons who receive your health information may not be required by Federal privacy laws (such as the Privacy Rule) to protect it and may share your information with others without your permission, if permitted by laws governing them. Please note that the labs may not condition providing a diagnostic service on whether you agree to this authorization for research. You may change your mind and revoke this authorization at any time. Even if you revoke this Authorization, Company may still use or disclose health information they already have obtained about you as necessary to maintain the integrity or reliability of the current research. To revoke this Authorization, you must write to: [email protected]. This authorization does not have an expiration date and will continue unless and until revoked as described above.
Payment Terms - Only valid payment methods acceptable to us may be used to complete a purchase via the Service. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes).
Termination - Company may terminate your use of the Service or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating this Agreement, or if we discontinue the Service. The provisions of this Agreement concerning disclaimers, limitation of liability, arbitration and resolution of disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of this Agreement or your relationship with Company.
Disclaimers - THE SERVICE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITYAND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE OR THE PLATFORM. COMPANY DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICE. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREOGING, YOU UNDERSTAND AND AGREE THAT THE LIVE BIRTH SUCCESS RATE AND OTHER PREDICTIONS CONTAINED IN THIS REPORT ("PREDICTIONS") ARE FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE VIEWED OR RELIED UPON AS ANY FORM OF ASSURANCE OR GUARANTEE. THE PREDICTIONS ARE ESTIMATES GENERATED BY STATISTICAL MODELS AND RELATED TECHNOLOGY USED TO ANALYZE THE LIMITED DATA PROVIDED TO PREGMUNE. VARIOUS FACTORS MAY IMPACT THIS ANALYSIS INCLUDING INFORMATION ABOUT YOU THAT IS NOT INCLUDED WITHIN THE DATA PROVIDED TO PREGMUNE AND CHANGES TO YOUR HEALTH STATUS THAT MAY CAUSE THE PREDICTIONS TO BE INCOMPLETE OR INCORRECT. PREGMUNE DOES NOT ASSUME ANY LIABILITY FOR THESE PREDICTIONS AND MAKES NO WARRANTIES, NOR EXPRESS OR IMPLIED REPRESENTATIONS WHATSOEVER REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY OF THESE PREDICTIONS.
Limitation of Liability - TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANY SERVICESPERFORMED OR PRODUCTS OFFERED BY THIRD-PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO PREGMUNE FOR INFORMATION DELIVERED UNDER THIS AGREEMENT.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE OR CONTENT IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM, SERVICE OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
Indemnification - You agree to defend, indemnify, and hold Company Parties and any Third Parties offering products or services through the Service, including Pregmune and and the Lab(s) harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service, your fraud, violation of law, or willful misconduct, any breach by you of this Agreement or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third-party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.
Notices - Any notices to you from Company regarding the Service or this Agreement may be made by email, a posted notice on the Service, or regular mail, in the sole discretion of Company.
Electronic Communications - When you access or use the Service or send emails or SMS messages to us, You consent to receive communications from us electronically. We will communicate with you via email, SMS messaging or through the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in this Agreement.
Entire Agreement - This Agreement and any other agreements Company may post on the Service or that you and Company may execute from to time constitute the entire agreement between Company and you in connection with your use of the Service and supersede any prior agreements between Company and you regarding use of the Service, including prior versions of this Agreement.
Binding Arbitration / Class Waiver - YOU AND WE EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE, OR OTHER CONTROVERSY BETWEEN YOU AND US OR ANY OF THE COMPANY PARTIESOR LABS ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THE COMPANY PARTIES, THE PLATFORM, THE CONTENT OR THE SERVICE, OR ANY OTHER GOODS, SERVICES OR ADVERTISING BY COMPANY OR ANY OF THE COMPANY PARTIES, LABS, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THIS AGREEMENT (COLLECTIVELY "DISPUTES"), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA'S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY "RULES AND PROCEDURES"). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Governing Law; Venue; Severability of Provisions - This Service is controlled and operated by Company from our offices within Delaware. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited.
The validity, interpretation, construction, and performance of this Agreement will be governed by the Federal Arbitration Act and the laws of the State of Delaware, without regard to any conflicts of law provisions.
All parts of this Agreement apply to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement will not constitute a waiver of such right. We both agree that if we cannot enforce a part of this Agreement as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in this Agreement, the invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect. www.pregmune.com For support :[email protected] or call + 1 201 409 4100