Effective Date: September 2019
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
ACCEPTANCE OF TERMS AND CONDITIONS
The content of this website is intended to be a general information resource in regard to the subject matter covered, and is provided solely on an "AS IS" and "AS AVAILABLE" basis as noted on this page. Prometheus is not engaged in rendering medical or other professional services or advice via this website, and the information provided is not intended to replace medical advice offered by a physician. If you desire or need such services or advice, you should consult a professional healthcare provider. You should not construe Prometheus's publication of this content as an endorsement by Prometheus of the views expressed herein, or any warranty or guarantee of any strategy, recommendation, treatment, action, or application of medication or preparation made by the author of the content.
These Terms and Conditions constitute a binding legal agreement between Prometheus and you. By accessing and/or using the Site, you agree to be bound by these Terms and Conditions as a "Visitor" (which means that you simply browse the Site, including, without limitation, through a mobile or other wireless device, or otherwise use the Site without being registered). The term "User" refers to you as a Visitor. You are authorized to use the Site (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations and the terms of these Terms and Conditions ("Applicable Law"). BY USING THIS SITE OR ANY OF THE WEB SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, AGREE THAT THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND PROMETHEUS, AND AGREE TO BE BOUND BY AND COMPLY WITH THEM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR OTHERWISE USE THIS SITE.
MODIFICATIONS OF TERMS AND CONDITIONS
Prometheus reserves the right to change or modify these Terms and Conditions at any time at its sole discretion. Any change or modification made by Prometheus will be effective immediately upon being posted on the Site. Your continued use of the website after any such change constitutes your acceptance of the new Terms and Conditions. If you do not agree to any of these terms or any future Terms and Conditions, do not use or access (or continue to
access) the website. We encourage you to review these Terms and Conditions from time to time.
USE OF THE SITE
By using the Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Site does not violate any Applicable Law.
No Medical Advice or Instructions
The information presented on this Site is not intended to provide medical advice or to provide instructions on the use of our products, and should not be relied upon as the basis of any health care decision. This information is not intended to replace informed medical advice from your qualified healthcare provider regarding any questions or concerns you may have about your health or about the potential beneficial uses and possible adverse effects of any healthcare product we offer. If you are a patient or healthcare consumer, you should not use information found on this Site to replace a relationship with your physician or other healthcare professional and should not rely on that information as professional medical advice. Always seek the advice of your physician or other qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping or modifying any treatment or medication. In the case of a health emergency, seek immediate assistance from emergency personnel. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on this Site.
Rules of Conduct
Prometheus hereby grants you a limited, revocable, non-exclusive right to access and use the Site as set forth in these Terms and Conditions. The foregoing right is expressly conditioned upon your agreement to, and compliance with, and you hereby agree with the following: (a) you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions, or any other purpose not reasonably intended by Prometheus; (b) your use of the Site must be in compliance with all applicable laws, rules, and regulations; and (c) you will otherwise comply with these Terms and Conditions, including the rules of conduct in this Section. You further agree not to use the Site:
- To abuse, harass, threaten, impersonate or intimidate other Users of the Site.
- To post or transmit, or cause to be posted or transmitted, any User Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane or otherwise violates any law or right of any third party.
- For any illegal or unauthorized purpose.
- To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain any private or personally identifiable information from any other User of the Site.
- To create or submit unwanted email (i.e., spam) to any other Users of the Site or any URL.
- To submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content.
- To advertise to, or solicit, any User of the Site to buy or sell any products or services.
- To use any information obtained from the Site in order to contact, advertise to, solicit or sell to any User without their prior explicit consent from Prometheus.
- To upload any User Content that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to or that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, software, data or information.
- To post content that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties.
- To solicit personal information from anyone under 18.
- To publicly pose information that poses or create a privacy or security risk to any person.
In addition, as a condition to accessing the Site, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit any portion of the Site other than as expressly allowed under these Terms and Conditions; (b) use Prometheus's name, trademarks, server or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high-volume, automated or electronic means to access the Site (including without limitation, robots, spiders, scripts or web-scraping tools); (d) frame the Site, place pop-up windows over its pages or otherwise affect the display of its page; or (e) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
Interactions with Other Users
You are solely responsible for your interactions with other Users of the Site. We reserve the right, but have no obligation, to monitor disputes between you and other users of the Site. IF YOU HAVE A DISPUTE WITH ANY OTHER USER OF THE SITE, YOU RELEASE PROMETHEUS LABS (AND ITS AGENTS, OFFICERS, PRINCIPALS AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
Certain areas of this website may allow you to participate in blogs, message boards, online forums and other functionality, and if any of the foregoing functionalities are enabled on the Site, you may have the opportunity to create, submit, post, display, transmit, perform, publish,
distribute or broadcast content and materials ("post") to Prometheus and/or to or via the Site, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively, "User Content"). We do not claim any ownership rights in the User Content. You understand that all User Content available on the Site is the sole responsibility of the person from whom such User Content originated without Prometheus incurring any third-party obligations or liability arising of its exercise of the rights thereto granted herein by you. Prometheus retains the right to pre-screen, police, control, edit or monitor the User Content available on the Site and to remove any User Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content), or for no reason at all. However, you acknowledge and agree that Prometheus has no responsibility to, and may or may not, do the foregoing. As such, Prometheus does not warrant or otherwise guarantee the accuracy, integrity or quality of any User Content. It is your responsibility to evaluate the User Content, and any other information, content, opinions and advice, available on the Site. PROMETHEUS LABS ASSUMES NO RESPONSIBILITY, AND MAKES NO REPRESENTATIONS, WARRANTIES, RECOMMENDATIONS, ENDORSEMENTS, OR APPROVALS, WITH REGARD TO USER CONTENT. Under no circumstances will Prometheus be liable for any loss or damage arising out of or relating in any way to any User Content, including, but not limited to: (a) any errors or omissions in any User Content; (b) any loss or damage of any kind incurred as a result of the use of or reliance on any User Content; (c) use or misuse by any Site user or third-party of any User Content that you post in connection with your use of the Site; or (d) your exposure to offensive, indecent or otherwise objectionable User Content via the Site.
You agree that you are solely responsible for any User Content that you provide to or otherwise distribute or publish on the Site (such User Content, "Your Content"). By providing Your Content, you (i) grant to Prometheus a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sub-licensable license to access, use, reproduce, display, store, publish, transmit, modify and distribute Your Content in connection with the operation of the Site, including the right to sub-license any of the foregoing rights to others; (ii) represent and warrant that you have the right to grant the foregoing license; and (iii) represent and warrant that Your Content is in compliance with these Terms and Conditions and all applicable laws, rules and regulations and does not violate the rights of any third party. By providing Your Content, you also consent to the use of Your Content by other Users of this Site for its intended purpose(s), which include, without limitation, rights with respect to Content granted to you (and other Users who separately agree to these Terms and Conditions) under the terms of Intellectual Property Rights below.
INTELLECTUAL PROPERTY RIGHTS
Except for User Content (including Your Content), all other content on the Site, including but not limited to information, documents, materials, code, images, text, layouts, arrangements, displays, trademarks, illustrations, audio and video clips, HTML and other mark-up languages and all scripts (collectively, "Content"), is owned by or licensed to Prometheus and, in many cases, is protected by intellectual property rights under U.S., foreign and international law.
Prometheus grants you a non-exclusive, non-transferable, non-sub-licensable limited right to access, use and display the Content pursuant to these Terms and Conditions and solely about your use of the Site or the Web Services. All rights not expressly granted by these Terms and Conditions are reserved by Prometheus and its licensors. Without limiting the foregoing, except as expressly permitted in these Terms and Conditions, you may not copy, sell, display, reproduce, publish, modify, create derivative works from, transfer, distribute or commercially exploit in any manner the Content. Prometheus logos, trademarks and service marks which may appear on the Site, are the property of Prometheus and are protected by law. Except as expressly set forth herein, you may not use or display such logos, trademarks or service marks in any manner without Prometheus's prior written permission. All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners. All rights are reserved therein.
In some circumstances, Prometheus may request personal information from you, such as your name, E-mail address, company name, or telephone number.
Your response to these inquiries is strictly voluntary. The information we collect is used to improve the content of our Web site and may be used to contact you,
via E-mail or regular mail, to provide you with information we believe may be of interest to you. We do not share this information with other organizations for
commercial purposes. Information that is not personal or is not associated with any personally identifiable data, such as questions, comments, ideas, and
suggestions, shall be deemed to be non-confidential, and Prometheus shall be free to disclose and use the same for any purpose, without any obligation whatsoever to you.
LINKS TO THIRD-PARTY SITES
This Site may contain links to web sites not owned or operated by Prometheus ("Linked Sites"). Prometheus's provision of such links is for your convenience only and does not create or imply any relationship or partnership between Prometheus and the operator of such Linked Site. Prometheus does not author, edit, control or monitor any Linked Site. You acknowledge and agree that Prometheus has no responsibility for the information provided by any Linked Site and that Prometheus does not control or endorse the sponsors of such Linked Sites or the information, content, advice, products or services presented on such Linked Sites. We may remove any links at any time for any reason or for no reason. AT NO TIME WILL PROMETHEUS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LIABILITY ARISING FROM OR RELATED TO ANY LINKED SITE, INCLUDING WITHOUT LIMITATION (I) ANY TRANSACTIONS CONDUCTED WITH THIRD PARTIES ON LINKED SITES; (II) THE INFORMATION, CONTENT, ADVICE, PRODUCTS OR SERVICES AVAILABLE ON LINKED SITES AND (III) ANY DISPUTE ARISING OUT OF YOUR VISIT TO, OR USE OF, ANY LINKED SITE. YOU HEREBY RELEASE PROMETHEUS LABS (AND ITS AGENTS, OFFICERS, PRINCIPALS AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE,
KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE FOREGOING.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
Disclaimer of Warranties
You expressly agree that your use of the Site and all Content and Services available on the Site is at your sole risk and responsibility. The Site, and all Content and Services available on the Site, are provided "AS IS" and "AS AVAILABLE," to the fullest extent permitted by law. Prometheus Labs, its agents, officers, principals and employees disclaim all warranties of any kind, express, implied, statutory or otherwise, regarding the Site and the Content and Services available on the Site, including without limitation warranties of merchantability, fitness for a particular purpose and non-infringement. Except as otherwise provided in these Terms and Conditions, Prometheus makes no representations or warranties (i) that the functions of the Site will be uninterrupted or error-free; (ii) that defects in or on the Site will be corrected; (iii) that the Site, the server that makes it available, or the Content available on the Site are free of viruses, bugs or other harmful components; or (iv) that any Content available on the Site is accurate, reliable, complete, current or timely. We do not warrant or make any representations regarding use of the Site or content or services available on the Site, whether in terms of correctness, accuracy, reliability or otherwise. You (and not us) assume the entire risk of any reliance on the Site and all content and web services available on the Site.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL PROMETHEUS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PROMETHEUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THESE TERMS AND CONDITIONS OR RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, FROM INABILITY TO USE THE SITE, YOUR RELIANCE ON ANY INFORMATION OR DATA PROVIDED THROUGH THE SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKED SITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKED SITES. WITHOUT LIMITING THE FOREGOING, PROMETHEUS'S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THE SITE OR ANY CONTENT OR SERVICES AVAILABLE ON THE SITE SHALL NOT EXCEED TEN U.S. DOLLARS ($10).
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty
or limit its liabilities, the scope and duration of such warranty and the extent of Prometheus's liability shall be the minimum permitted under such applicable law.
You agree to indemnify and hold Prometheus Labs, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of Your Content, your use of the Site or your violation of these Terms and Conditions (including without limitation your breach of any of the representations and warranties herein) or your violation of any rights of another.
COPYRIGHT AND DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. §512, provides recourse for copyright owners who believe that their rights under the United States copyright law have been infringed. If you believe materials appearing on this Site have been used in a way that constitutes infringement, you (or your agent) may submit a notification of copyright infringement under the DMCA requesting that the material be removed, or access to it blocked. To be effective under the DMCA, a copyright notice must be a written communication that includes the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the allegedly infringing material is located on the Site; (d) your address, telephone number and email address; (e) 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; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are, or are authorized to operate on behalf of, the copyright owner.
The above information must be submitted to the following DMCA Agent:
Attn: Privacy & Security Officer
Please not that this procedure is exclusively for notifying Prometheus that your copyrighted material has been infringed. The preceding requirements are intended to comply with Prometheus's rights and obligations under the DMCA, but do not constitute legal advice.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING DAMAGES MONETARY DAMAGES, COURT COSTS AND ATTORNEYS' FEES.
Prometheus respects the intellectual property rights of others and are committed to complying with United States copyright law as well as international trade law and practices. Except as otherwise provided, Prometheus owns all content contained on this Site, including without limitation the information, materials, text, graphics, Site design and the selection, assembly and arrangement thereof ("Content"). The Content is protected by copyright laws of the U.S.
SAFE HARBOR DISCLAIMER
This website contains forward-looking statements within the meaning of the federal securities laws that involve material risks, assumptions and uncertainties. Many possible events or factors could affect our future results and performance, such that our actual results and performance may differ materially from those that may be described or implied in the forward-looking statements. As such, no forward-looking statement can be guaranteed. Forward-looking statements typically are identified by the use of terms such as "may", "will", "should", "might", "expect", "anticipate", "estimate", "plan", "intend", "strategy", "future" and similar words, although some forward0looking statements are expressed differently. You are cautioned not to place undue reliance on these forward-looking statements. Except as required by law, we undertake no obligation to publicly release the results of any revision or update of these forward-looking statements, whether as a result of new information, future events or otherwise. of another.
VIOLATIONS AND ADDITIONAL POLICIES
Prometheus reserves the right to seek all remedies available at law and in equity for violations of the Terms and Conditions set forth in this website, including the right to block access from a particular internet address to the website.
LOCATION AND GOVERNING LAW
These Terms and Conditions constitute the entire agreement between you and Prometheus with respect to your use of the Site, superseding any prior agreements between you and Prometheus, provided that any additional Terms and Conditions of Use that you accept and agree to in respect of any Prometheus products that may be made available through this Site will also apply to you. These Terms and Conditions and the relationship between you and Prometheus shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Prometheus agree to submit to the personal and exclusive jurisdiction of the courts located within San Diego County, California, USA. The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Service are for convenience only and have no legal or contractual effect.
The Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Prometheus without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
These Terms and Conditions, together with any amendments and any additional agreements you may enter into with us in connection with the website, shall constitute the entire agreement between you and us concerning the website. Your agreement with us with respect to use of this Site will always include these Terms and Conditions at a minimum. These Terms and Conditions operate to the fullest extent permissible by law. If any provision of these Terms and Conditions is unlawful, void or unenforceable, that provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.