PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. The following ‘Terms of Use Agreement’ (“Agreement”) governs the use of the SmarTest Pro® Vitamin D rapid test device, the SmarTest Pro® Vitamin D app and its associated web sites www.preventis.com (collectively, the “System”) which is operated and maintained by Preventis AG (“Preventis”) and it´s delegates. This Agreement also incorporates by reference the terms of Preventis' Privacy Policy. The words "you," “your” and "user" as used herein refer to all individuals and/or entities accessing or using the System for any reason. BY ACCESSING AND USING THIS SYSTEM, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THIS AGREEMENT AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, OUR PRIVACY POLICY, OR ANY POSTED GUIDELINES OR RULES, DO NOT USE THIS SYSTEM. By using the SmarTest Pro® Vitamin D test system you confirm that: 1. you are fully authorised according to all applicable national laws and regulations to evaluate medical test results, to make medical diagnoses, and to care for and advise patients. 2. you understand that the information service offered here is explicitly unsuitable to replace a direct doctor-patient relationship. Preventis reserves the right, in its discretion, to change or modify this Agreement from time to time and at any time by posting such new terms on the System. All such changes to this Agreement will be effective immediately upon posting and the date of the most recent revisions will appear at the bottom of this page, so check back often. Your use of the System will constitute your binding acceptance of this Agreement, as amended from time to time. The System is maintained for your convenient access to information about Preventis, events, benefits, news, promotions and updates as well as industry links, news, travel information, surveys and newsletters. IF AT ANY TIME THE TERMS OF THIS AGREEMENT ARE NO LONGER ACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY CEASE ALL USE OF THE SYSTEM.
All content, names, likenesses, images, graphics, code and software, photographs, audio and video clips, scripts, links, interactive features and other material (collectively, the “Content”) used on or incorporated into this System, and the arrangement or integration of all such Content, are either registered trademarks, trademarks, trade names, service marks or otherwise protected property of Preventis, or licensed to Preventis and all rights thereto are specifically reserved. Except as otherwise expressly provided herein, Content on the System may not be used, copied or imitated without Preventis’s prior written consent in each instance. You agree to comply with and keep intact and any copyright notices, trademark notices, information, or restrictions contained in any Content available on or accessed through the System. Permission is granted to electronically copy and print hard copies of pages from this System solely for your own personal, non-commercial use, provided that you maintain all copyright and other notices contained on such Content. If you have any question as to whether Preventis owns certain Content contained on this System, do not download or copy it without first contacting Preventis (e.g., content that appears to have been uploaded by a third party should not be copied or downloaded by you). You may not copy, use, download, modify, frame, publish, download, transmit, transfer or sell, license, reproduce, create derivative works from, distribute, perform, display, disseminate, post, republish, broadcast, rearrange, redistribute, alter, adapt, crop, re-size, reverse engineer, move, remove, delete or in any way exploit any of the Content, in whole or in part, directly or indirectly, without the prior written consent of the owner thereof, except as expressly permitted in this Agreement or under applicable law. You may not in any way make commercial or other use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the System, including without limitation the Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Preventis or on the System. Except as expressly authorized, the use of any trademarks, trade names, logos or other Content from this System is strictly prohibited. This System may contain typographical errors or inaccuracies and may not be complete or current. Preventis therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Preventis specifically prohibits, and by your use of the System, you expressly agree not to engage in, the following conduct: the deletion or alteration of any Content posted on this System by Preventis or a third party; the taking of any action that imposes an unreasonable or disproportionately large load on this System infrastructure; and using the System directory information to post or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, telephone calls or other solicitations. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the System or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the System.
If you are seeking permission to use Preventis' trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other Content, features, please contact Preventis Customer Relations at info@preventis.com.
You agree to defend, indemnify, and hold harmless Preventis, its affiliates, and its and their respective members, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any information you submit, transmit or otherwise make available through the System, (ii) your use of the System, or (iii) your breach of the terms of this Agreement.
Except as expressly permitted, you agree not to use the System for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content on the System. Only if you obtain prior written consent from us – and from all other entities with an interest in the relevant intellectual property – (in each instance) may you publish, display or commercially exploit any material from the System. To seek Preventis' permission, you may write to us at the address provided below. If permission is granted by Preventis and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. Without limiting the foregoing and for the avoidance of doubt, you must abide by all additional copyright notices and other restrictions contained on the System.
Preventis does not solicit nor does it wish to receive any confidential, proprietary or trade secret information or other material from you through this System or Preventis mail and e-mail addresses, or in any other way. Please note that any information, materials, suggestions, ideas or comments (collectively, the “Unsolicited Materials”) sent to Preventis will be deemed non-confidential. By submitting or sending any such Unsolicited Materials to us, you represent and warrant that the information is original to you and that no other party has any rights to the Unsolicited Materials. Accordingly, any Unsolicited Material will become and remain the property of Preventis.
By communicating with Preventis, including submitting or sending Unsolicited Materials or other information or material to the System, you grant Preventis the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, post, copy, reproduce, distribute, transmit, display, transfer, sell, perform, adapt, publish, sell, translate and create derivative works from such Unsolicited Materials (in whole or part) and otherwise exploit the Unsolicited Materials, including any information, suggestions, ideas, drawings or concepts contained in such Unsolicited Materials, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, with or without attribution to you. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material or other communication to Preventis. You represent and warrant that by submitting the Unsolicited Materials you agree to waive any “moral rights” you may have in the Unsolicited Materials. For the avoidance of doubt, you irrevocably grant to us the royalty-free, unrestricted, world-wide, perpetual, non-exclusive and fully sub-licensable right to exploit your image, photo, likeness, voice, performance, in whole or in part, and any other Unsolicited Materials you post on the System or submit to us in connection with any and all publicity and advertising for and promotion of the System and Preventis, and in connection with Preventis' exercise of any other rights granted hereunder as Preventis determines in its sole discretion. You hereby release Preventis from and against any and all claims, damages or liabilities arising from or relating to the use of such Unsolicited Materials, image, photo, likeness, voice and performance as set forth in this Agreement.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PREVENTIS, ITS SUBSIDIARIES AND/OR RELATED ENTITIES, AND ANY THIRD PARTY CONTENT PROVIDERS, AND PREVENTIS' AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THIS SYSTEM, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGE IS CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER PREVENTIS, PREVENTIS' AFFILIATES, SUBSIDIARIES AND/OR RELATED ENTITIES, ANY THIRD PARTY CONTENT PROVIDER, OR ANY OF PREVENTIS' OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THE SYSTEM OR THE SERVICES TRANSMITTING THE SYSTEM TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. “TECHNICAL DISRUPTION” INCLUDES DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE SYSTEM TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SYSTEM. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE SYSTEM AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE SYSTEM ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.
This System and its contents are intended to comply with the laws and regulations in the EU. Although the information on this System is accessible to users outside of the EU, the information pertaining to Preventis is intended for use only by residents of the EU. Other countries may have laws, regulatory requirements and medical practices that differ from those in the EU. If you choose to access this System from a location outside the EU, you do so on your own initiative and you are responsible for compliance with local laws. This system may link to third-party systems produced by entities outside the EU. Those third-party systems may have information that is appropriate only to that particular originating country. Preventis reserves the right to limit provision of its services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any service made on this System is void where prohibited.
All matters relating to the System and these TOU and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Germany without giving effect to any choice or conflict of law provision or rule (whether of Germany or any other jurisdiction). Except for intellectual property related claims, you and Preventis agree to submit to the personal and exclusive and individual arbitration of any disputes relating to your use of the System. Any such individual arbitration, to the extent necessary, shall be conducted in Germany. You covenant not to sue Preventis in any other forum. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Preventis is a party to the proceeding. Any intellectual property legal suit, action or proceeding arising out of, or related to, these Terms of Use or the System shall be instituted exclusively in german courts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. You also acknowledge and understand that, with respect to any dispute with Preventis arising out of or relating to your use of the System or these TOU, YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE WAIVING YOUR RIGHT TO SERVE AS A REPRESENTATIVE, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE OR CLASS-WIDE ARBITRATION.
This Agreement and any supplemental terms, policies, rules and guidelines posted on this System constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Agreement or Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
The System may contain links to websystems that are unrelated to us and are owned and operated by third parties (the “third-party systems”). Preventis does not make any representations or warranties about any third-party systems you may access through this System. These links are provided solely as a convenience to you and do not constitute an endorsement by Preventis or imply that Preventis sponsors, is affiliated or associated with or otherwise recommends, certifies or endorses the third-party systems. Preventis is not responsible for the contents of, or any products or services offered on, any third-party systems. You need to make your own independent decisions regarding your interactions or communications with any other websystem.
This System may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. You should not use the information contained herein for diagnosing a health or fitness problem or disease. You should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.
This System is not directed at children who are under 18 years of age. It is Preventis' policy to require that individuals requesting information on this System be 18 years of age or older.
If you are seeking permission to use Preventis' trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other Content, features, please contact Preventis Customer Relations at info@preventis.com.
We reserve the right to withdraw or amend this System, and any service or material we provide on the System, in our sole discretion without notice. We will not be liable if for any reason all or any part of the System is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the System, or the entire System, to users, including registered users. You are responsible for: • Making all arrangements necessary for you to have access to the System. • Ensuring that all persons who access the System through your internet connection are aware of these Terms of Use and comply with them. To access the System 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 the System that all the information you provide on the System is correct, current and complete. You agree that all information you provide to register with this System or otherwise, including but not limited to through the use of any interactive features on the System, 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 user name, password or any other piece of information as part of our security procedures, you agree to 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 this System 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 user name 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 user name, 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.
From time to time, Preventis may use techniques designed to identify fraudulent activities. You agree to cooperate with such efforts as Preventis may, in its sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other breach of this Agreement, Preventis may, in its sole discretion, declare you to be in breach of this Agreement, suspend or terminate your use of the System, and/or seek prosecution to the fullest extent of the law.
Preventis reserves the right, in its sole discretion, to restrict, suspend and/or terminate your access to all or any part of the System at any time without prior notice or liability for any reason or no reason. Preventis may change, suspend, discontinue or disable all or any aspect of the System at any time, including the availability of any feature, database, or Content, without prior notice or liability.
You agree that your use and browsing of the System is at your own risk. If you are dissatisfied with the System or any Content, or with any of the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue accessing and using the System. PREVENTIS DOES NOT WARRANT THAT THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES PREVENTIS WARRANT THAT ANY DEFECTS IN THE SYSTEM OR INACCURACIES IN THE CONTENT WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, THE SYSTEM AND ALL OF THE CONTENT AND INFORMATION ON THE SYSTEM ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.” NEITHER PREVENTIS, NOR THIRD PARTY CONTENT PROVIDERS AND PREVENTIS' AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SYSTEM OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE SYSTEM, ANY CONTENT OR, IF APPLICABLE, ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE SYSTEM. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SYSTEM ARE ASSUMED SOLELY BY YOU. Where applicable law does not allow for the exclusions of implied warranties, the forgoing exclusions may not apply. In such jurisdictions, Preventis' liability is limited to the greatest extent permitted by law. ALTHOUGH THE INFORMATION PROVIDED TO VISITORS ON THIS SYSTEM IS OBTAINED OR COMPILED FROM SOURCES PREVENTIS BELIEVES TO BE RELIABLE, PREVENTIS CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO VISITORS OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. NEITHER PREVENTIS, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS, OPERATIONAL OR PROMOTIONAL PROVIDERS, PROGRAM PRODUCERS OR SPONSORS ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY LOSS OR DAMAGE THAT A VISITOR INCURS IN THE EVENT OF (I) ANY FAILURE OR INTERRUPTION OF THIS SYSTEM; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THIS SYSTEM OR THE DATA CONTAINED HEREIN AVAILABLE TO VISITORS; (III) ANY OTHER CAUSE RELATING TO A VISITOR’S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SYSTEM OR MATERIALS ON THIS SYSTEM; (IV) ANY VISITOR’S INTERACTION OR SUBMISSIONS ON THE SYSTEM; OR (V) FROM ANY VISITOR’S FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF PREVENTIS OR OF ANY VENDOR PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL PREVENTIS, ITS MEMBER(S), OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF PREVENTIS', ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. PLEASE BE ADVISED THAT ONCE YOU LEAVE THE SYSTEM, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USAGE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR WEBSYSTEM THAT YOU ARE ACCESSING, INCLUDING THOSE OF PREVENTIS' OPERATIONAL PROVIDERS, ADVERTISERS, SPONSORS, AND PROMOTIONAL PARTNERS. NEITHER PREVENTIS, NOR ITS MEMBER(S), OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS WILL BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OR PRIVACY PRACTICES OF THE OTHER WEBSYSTEMS, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING PREVENTIS' SYSTEM. You specifically acknowledge and agree that Preventis and its affiliates, member(s), officers, directors, employees, agents, contractors, successors and assigns are not liable for any defamatory, offensive or illegal conduct of any user. In addition, while Preventis intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the System, Preventis does not warrant, guarantee or make any representations that the System, or any Content available for downloading on the System, will be free of viruses, robots, spiders or other destructive materials and Preventis shall not be liable for any such destructive materials that may infect your computer equipment or other property on account of your access to, use of, or browsing in the System or the server that makes it available, or your downloading of any Content from the System. Preventis will not be responsible for delays or failures in performing any obligations under the terms of this Agreement, whether or not due to any cause beyond Preventis' reasonable control.