Last Updated: May 15, 2024
These Terms of Use (“Terms”) are entered into by and between you and Prenuvo, Inc. ("Prenuvo," "we," “our” or "us") and govern your access to and use of www.herculesstudy.org (the "Website").
Please read these Terms carefully. By using the Website, or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, please do not access or use the Website.
1. Changes to these Terms
We may revise and update these Terms from time to time in our sole discretion. Any changes to these Terms are effective upon posting to the Website, and your continued use after a change has been posted constitutes your acceptance of the changes unless applicable law requires us to provide additional notice or take other actions before such changes can become effective. We encourage you to review these Terms regularly to determine if any changes have been made.
2. Changes to the Website
We may update the content on the Website from time to time, but its content is not necessarily complete or current. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
3. Privacy
Please review our Privacy Notice available at https://prenuvo.com/privacy for information about how we collect and use your personal information.
4. Reliance on Information
The information and content presented on or through the Website is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
PRENUVO IS NOT A HEALTHCARE PROVIDER. THE INFORMATION AND OTHER CONTENT AVAILABLE ON OR THROUGH THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD CONSULT A DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL REGARDING ANY QUESTIONS YOU HAVE ABOUT YOUR HEALTH OR BEFORE MAKING ANY TREATMENT DECISIONS
5. Ownership of the Website and Content
The Website and all information and content included on the Website are the exclusive property of Prenuvo or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
6. Trademarks
The Prenuvo name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Prenuvo or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
7. Your Use of the Website
These Terms permit you to access and use the Website for your personal, non-commercial use only. You agree not to:
- Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or reverse-engineer the Website or any of the material on our Website.
- Use materials, products or services available on the Website in violation of any law.
- Impersonate or attempt to impersonate Prenuvo, any Prenuvo employee or any other person or entity (including, without limitation, by using email addresses associated with Prenuvo.
- Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined in our sole discretion, may harm Prenuvo or other users of the Website or expose them to liability.
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other user’s use of the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or otherwise engaged in conduct in breach of these Terms, your right to use the Website will immediately terminate and you must, at our option, return or destroy any copies of the materials you have made.
8. Termination
We have the right to terminate or suspend your access to all or part of the Website at any time for any reason without notice.
9. Linking to the Website
You may link to the Website, 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. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
10. Links from the Website
If the Website contains links to third-party sites or resources, these links are provided for your convenience only. We do not control or endorse these third-party 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 the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
11. Disclaimer of Warranties
THE WEBSITE AND THE INFORMATION AND CONTENT ON THE WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. PRENUVO, ITS AFFILIATES, AND ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. IF THIS IS THE CASE, YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE.
12. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PRENUVO, ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT SHALL BE TO DISCONTINUE USING THE WEBSITE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion or limitation of certain damages. If these laws apply to you, the foregoing exclusions or limitations that directly conflict with such laws may not apply to you.
13. Indemnification
You agree to defend, indemnify, and hold harmless Prenuvo, 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 or your use of the Website, including any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
14. Governing Law and Jurisdiction
You agree that the laws of the state of California will govern these Terms and any dispute that may arise between you and Prenuvo or its affiliates related to your use of the Website, without regard to conflicts of laws provisions. You further agree to the exclusive jurisdiction of the federal or state courts located in Los Angeles, California, to resolve any such dispute, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
15. Waiver and Severability
No waiver by us of any term or condition set out in these Terms 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 by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.If any provision of these Terms 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 these Terms will continue in full force and effect.
16. Geographic Restrictions
Prenuvo is based in the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
17. Entire Agreement
These Terms constitute the sole and entire agreement between you and Prenuvo regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
18. Contact Us
All feedback, comments, and other communications relating to the Website should be directed to: legal@prenuvo.com.
The Website is operated by:
Prenuvo, Inc.
12100 Wilshire Boulevard
Los Angeles, CA 90025
