Prognos Health Inc, and its affiliates and properties (“Company” or “we,” “our,” or “us”) owns or controls, and provides access to, one or more interactive web sites (however accessed and/or used, whether via personal computers, mobile devices or otherwise) or other interactive features or properties owned or controlled by Company and that link or reference to these Terms of Use (collectively, “Site”). THESE TERMS OF USE GOVERN YOUR USE OF THE SITE. These Terms of Use (“TOU”) only apply to the Site, and not to any other website or any offline activities by Company (unless specifically stated). By accessing or using the Site, registering for services offered on the Site, or by accepting, uploading, submitting or downloading any information or content from or to the Site, you are agreeing to these TOU (including our Privacy Statement). IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TOU, DO NOT USE THE SITE.
Use of Content; Restrictions
Unless otherwise indicated in the relevant content, and on the condition that you comply with all of your obligations under these TOU, you are authorized to view, copy, print, and distribute (but not modify) the content on this Site; provided that (i) such use is for informational, noncommercial purposes only, and (ii) any copy of the content that you make must include the copyright notice or other attribution associated with the content.
You are not authorized to copy or use any software, proprietary processes, or technology embodied or described in this Site.
You will comply with all applicable laws in accessing and using this Site.
Use of Web-Based or Mobile Application
We hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use our web-based application or application downloaded directly from a third party provider (collectively, the “Service”) solely for your personal use for lawful purpose. You will be required to agree to separate terms of use governing your use of the Service and any required payment therefor.
Privacy Statement
You acknowledge that we may use your personal information and data according to our Privacy Statement, which are incorporated herein by this reference. We take the collection, use and security of personal data seriously. By using accessing our Site or Services, you consent to the collection, use, and sharing of certain personal data (as set forth in the Privacy Statement) as well as all other terms of our Privacy Statement, including any obligations imposed on you therein.
Intellectual Property Rights
This Site and its contents are protected by copyright, trademark, and other laws of the United States and/or foreign countries. We and our licensors reserve all rights not expressly granted in these TOU.
Digital Millennium Copyright Act (DMCA) Notices
Company respects the intellectual property of others, and, particularly as to user generated content in comments, discussion boards or in other user contributed content, as applicable, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
By mail to: Prognos Health Inc.; 85 Broad Street, 18th Floor; New York, NY 10004; Attn: Operations or By email to: info@prognoshealth.com
International Users
Company makes no claims regarding access or use of the Site or Services outside of the United States. If you use or access the Site or Services outside of the United States, you are responsible for compliance with the laws and regulations of your jurisdiction as well as these TOU.
Disclaimers and Limitations of Liability
THIS SITE IS PROVIDED AS IS, AND WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING IT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THIS SITE WILL BE SECURE, ERROR-FREE, FREE FROM VIRUSES OR MALICIOUS CODE, OR WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, AND ACCURACY.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USAGE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO LOSS OF SERVICE OR DATA. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, RELATING TO OR ARISING OUT OF THE USE OF THIS SITE, EVEN IF WE KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN LINKS ON THIS SITE MAY LEAD TO WEBSITES, RESOURCES OR TOOLS MAINTAINED BY THIRD PARTIES OVER WHOM WE HAVE NO CONTROL. WITHOUT LIMITING ANY OF THE FOREGOING, WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SUCH WEBSITES, RESOURCES AND TOOLS, AND LINKS TO ANY SUCH WEBSITES, RESOURCES AND TOOLS SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OF THEM OR THEIR CONTENT BY US.
THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE.
Indemnification
Except as prohibited by law, you will hold Company and its officers, directors, employees and agents harmless for any indirect, punitive, special, incidental or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence or other tortious action, or arising out of or in connection with these TOU, including without limitation any claim for personal injury or property damage, arising from (i) your use of and access to the Services; (ii) your violation of any of these TOU; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these TOU and your use of the Services.
Additional Terms
If any portion of these TOU is invalid or unenforceable in any jurisdiction, then (i) in that jurisdiction it shall be re-construed to the maximum effect permitted by law in order to effect its intent as nearly as possible, and the remainder of these TOU shall remain in full force and effect, and (ii) in every other jurisdiction, all of these TOU shall remain in full force and effect.
We may revise these TOU at any time in our sole discretion by posting such revised TOU at the TOU link (i.e., this webpage that you are currently viewing) or elsewhere in this Site. Such revisions shall be effective as to you upon posting, unless explicitly stated by us. It is your responsibility to be aware of any such revised TOU by checking this webpage. Your continued use of this Site following changes to these TOU constitutes your agreement to the revised TOU.
Termination / Access Restriction
Company reserves the right, in its sole discretion, to edit, refuse to post, or remove any information or materials, in whole or in part, or to terminate your access to the Site and the related Services or any portion thereof at any time, without notice.