Our Terms and Conditions
Prenuvo Inc. (“Prenuvo Inc”), Prenuvo of California P.C. (“Prenuvo California”) and their affiliates (collectively “Prenuvo”, “we”,”our”,”us”) provides certain products and services (described below) through its website located at www.prenuvo.com (“Site”) or other websites maintained by us, through our cloud platforms (“Cloud Services”), a mobile application and related technologies (the “App” or “Application”), including any updates and new features, functionality and technology (collectively the “Service”) subject to the following terms of services as amended from time to time (the “Terms of Service”).
BY ACCESSING, BROWSING OR OTHERWISE USING THE SITE, APP OR OTHER ASPECT OF THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS WHICH CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND PRENUVO. You have no right to access or use the service unless you agree to these terms. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” extends beyond you to also refer and apply to that company or other legal entity.
Prenuvo reserves the right, at its sole discretion, to modify, discontinue or terminate the Services (or any aspect thereof) or to modify these Terms, at any time and without prior notice. If we modify these Terms we will post the modification via the Site or App or provide you with notice of the modification. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. By continuing to access or use the Services after we have posted a modification or have provided you with notice of a modification, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you agree to immediately stop using the Services.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THIS AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST PRENUVO ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
This agreement was written in the English language. To the extent any translated version of this agreement conflicts with the English version, the English version takes priority.
Certain portions of the Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific portion of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that portion of the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services in the future shall be subject to these Terms; they will be posted to the Site as available and you are deemed to have accepted them.
By registering for an account, you have agreed to the terms and conditions of the Telehealth Authorization.
Registration, conditions of access and use of services
The Service provides a web and mobile-based platform through which users can receive telehealth imaging services and other health, research or medical related products or services.
Through the Service, you can submit your medical history, and ask Prenuvo’s medical providers (each, a “Prenuvo Medical Provider”) to review your history and, if deemed medically appropriate, order and schedule a magnetic resonance imaging scan, and/or other imaging, scan or medical test listed on our services page here (each, a “Imaging Service”) for screening and other assessments at one of our Imaging Locations (defined below).
If the provision of the imaging service is prohibited by law without an independent medical referral, such a referral will need to be obtained by you from your primary care provider or from an independent referring physician.
Depending on the information you provide when requesting an Imaging Service, and/or based on communications with Prenuvo Medical Providers, Prenuvo may not be able to fulfill your request for a Service, including if a Prenuvo Medical Provider determines in its sole discretion that the Service is not considered medically appropriate.
If deemed medically appropriate by a Prenuvo Medical Provider, an appointment will be scheduled for an Imaging Service at one of the locations listed that are operated by either the Prenuvo Medical Provider or a third party imaging location (each, an “Imaging Location”).
Results of Your Imaging Service
The results of your completed Imaging Services or other Services will be automatically shared with Prenuvo by the Imaging Location. You may be able to view the results of your completed Imaging Services on the Site or the Mobile App.
Other Services Offered by Prenuvo
Prenuvo may offer additional medical, research or health care products and services as part of the Services.
No Treatment Offered by Prenuvo Inc; Medical Disclaimer
Prenuvo Inc is not authorized to provide services requiring professional licensure, does not offer any medical treatment or perform any clinical health services, and does not provide any medical advice. Prenuvo California only offers preliminary evaluation services and limited medical advice in response to specific findings identified in connection with your medical history, and the results of your Imaging Service or other applicable Services (the “Prenuvo Health Care Services”). Depending on the results of your Imaging Service or any other applicable Service, you should contact your health care provider for further advice, follow up, diagnoses, or treatment. We will share the results of your Imaging Services and of our other Services with third parties at your request.
NO HEALTH CARE PROVIDER/PATIENT RELATIONSHIP IS CREATED BETWEEN PRENUVO INC AND AN INDIVIDUAL WHEN AN INDIVIDUAL USES CERTAIN SERVICES THAT DO NOT REQUIRE THE ADVICE OR INTERVENTION OF A MEDICAL PROVIDER; A HEALTH CARE PROVIDER/PATIENT RELATIONSHIP MAY BE CREATED BETWEEN PRENUVO CALIFORNIA AND AN INDIVIDUAL WHEN AN INDIVIDUAL USES THE SERVICES THAT REQUIRE THE ADVICE OR INTERVENTION OF A PRENUVO MEDICAL PROVIDER.
The Service, including the Prenuvo Health Care Services, is not intended or implied to be a substitute for professional medical diagnosis or treatment. You are encouraged to confirm any information or advice obtained from or through the Service with other sources, and review all information and advice regarding any medical condition or treatment with your primary care physician or other health care professional. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SERVICE.
Health Related Content
While Prenuvo provides certain Prenuvo Health Care Services, some health-related information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material included in the Service or otherwise available on or via the Service describes general principles of health care that should not be construed as specific instructions for individual patients. It is for reference only and should not be used to determine treatment for specific medical conditions—only a health care provider can do that. You understand and agree that in no event will Prenuvo be liable for any decision made or action taken in reliance on such general information contained thereon, and reliance thereon is solely at your own risk.
PRENUVO IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY IMAGING SERVICE, OR ANY MEDICAL OR HEALTH PROCEDURE, ADVICE, ANALYSIS OR INFORMATION THAT IS PURCHASED OR ACCESSED THROUGH THE SERVICE THAT IS PROVIDED BY A THIRD PARTY.
Access; Compliance with laws
Access to and use of the Services is limited to individuals who are at least 18 years of age. The Services are available only in countries where they have been approved by applicable regulatory authorities. You shall not use the Service in any jurisdiction other than the jurisdiction in which you purchased the Service.
You are responsible for ensuring that your use of the Services complies with the laws of your country of residence and you assume the risks (including indemnity under the “Indemnity” Section below) attendant to the use of the Services and the use of any Content that you upload to or through the Services. You must register to create an Account (“Account”) to use the Service, App, or Cloud Services (including the Sharing Feature and the Commenting Feature).
You will be required to register with Prenuvo on the Site in order to access and use certain features of the Service. To register, you must provide a username, your email address, and other information specified in the registration form (“Registration Data”) and the medical history form (“Medical History”). If you choose to register, you agree to provide and maintain Registration Data and Medical History about yourself that is true, accurate, current, and complete. You authorize Prenuvo, in its sole discretion to confirm the truthfulness and accuracy of the Registration Data and Medical History. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Prenuvo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Prenuvo has the right to suspend or terminate your Account and refuse any and all current or future use of the Services. Prenuvo is not liable for any loss or damage arising from your failure to comply with these obligations.
User Account, Password and Security
The Services are designed to require users to provide a valid, working e-mail address and password to access and use the App, Cloud Services, Registered User Content, and non-public portions of the Site. Upon registering, you will select a password. Your email address and the password and codes assigned to you are, collectively, your “User Information.” You are solely responsible for (1) maintaining the strict confidentiality of your User Information, (2) not allowing another person to use your User Information to access the Services, (3) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your User Information.
Where you are asked to reset or create a password, you are expected to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account.
You agree to immediately notify Prenuvo in writing by email of any unauthorized use of your User Information or any other breach of security. Prenuvo is not and shall not be liable for any harm arising from or relating to the theft of your User Information, your disclosure of your User Information, or the use of your User Information by another person or entity.
Any attempt to obtain unauthorized access or to exceed authorized access to the any of the Services shall be considered a trespass and computer fraud and abuse, punishable under national, provincial, state, and federal laws. Prenuvo hereby notifies you that any or all communications with this Site can and will be monitored, captured, and recorded and the communications may be transmitted to the authorities as deemed necessary by Prenuvo in its sole discretion and without further notice.
Deleting your account
Modifications to service
Prenuvo reserves the right to suspend, discontinue, limit or condition the Service. You agree that Prenuvo will not be held liable to you or any third party for any modification, suspension or discontinuance of the Service.
Storage of data
Depending on the Imaging Location, Prenuvo makes available payment by cash, personal cheque, credit card and payment plan.
To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide information regarding your credit card or other payment instrument, as made available from time to time at Prenuvo’s sole discretion (each, a “Payment Method”). You represent and warrant to Company that such information is true and accurate, and that you are authorized to use the Payment Method selected. You will promptly update your account information with any changes that may occur regarding your Payment Method (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the amount that is specified, in accordance with these Terms of Service. When paid by you, these payments are final and non-refundable, unless Prenuvo determines otherwise in its sole discretion. You hereby authorize Company to bill your Payment Method in advance in accordance with the specified terms specified within the Service at the time of billing, and you further agree to pay any charges so incurred. If you dispute any charges, you must let Company know within sixty (60) days after the date that Company charges you. Company, in its sole discretion, may offer credits or refunds on a case-by-case basis, for example in the event of an error in the amount you were charged. Company attempts to ensure the accuracy of the pricing reflected on the Service; however, if there is a pricing error Company reserves the right to cancel or adjust the pricing. We reserve the right to change Company’s prices. If Company does change prices, Company will provide notice of the change in the Service or in email to you, at Company’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
Payment Authorization for debit card, credit card and ACH payments.
By using the Service to make payments, you authorize Company to electronically debit your Payment Method in the amount and upon the date you authorize in the Service, subject to the Payment Processor Terms (as defined below), and if necessary, to electronically credit your same Payment Method. You understand this authorization will remain in full force and effect until you notify Company by an email to email@example.com, you revoke this authorization. You acknowledge that all payments that you authorize must comply with all applicable law. Once you authorize payment, no changes or corrections to the payment may be made. You understand that you should retain a hard or electronic copy of your authorization for your records.
Payment Processing for debit card, credit card and ACH payments.
Payment processing for financing payments
WE DO NOT PROCESS PAYMENT FOR ANY PAYMENT PLANS. Payment processing services for any fees owed by you in connection with the Services will be provided by third-party financing companies, which may include Paybright Inc, Affirm and their affiliates (“Finance Providers”). You will render payment via the applicable Financing Providers and in accordance with the terms and conditions of such Finance Provider’s terms and conditions, which are currently the the Paybright Terms and Conditions located at https://paybright.com/en/terms-conditions and Affirm Terms and Conditions located at https://www.affirm.com/terms. Please contact the applicable Payment Processor for more information. Any fees owed by you in connection with the Services will be processed by the Finance Providers. By agreeing to these Terms of Service or continuing to access or use the Service, you agree to be bound by the Payment Processor Terms as modified by such Payment Processor from time to time.
Conditions of Access and Use
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display ("upload") or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Prenuvo. Prenuvo reserves the right to investigate and take appropriate legal action against anyone who, in Prenuvo’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to: a) share any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Company or its users to any harm or liability of any type; b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; c) violate any applicable local, provincial, state, national or international law, or any regulations having the force of law; d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; e) solicit personal information from any minors; f) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; i) penetrate, breach, avoid, or otherwise hack the security controls implemented by Prenuvo; j) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service k) use any robot, spider or other automatic device, process or means to access the Service for any purpose, including to monitor or copy any materials or information available on or through the Service; or l) use any manual process to monitor or copy any of materials or information available on or through the Service.
Special Notice for International Use; Export Controls
Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to applicable export control laws in the United States, Canada and elsewhere. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S., Canadian, or other applicable export laws. Downloading or using the Software is at your sole risk. The Software is not available in embargoed countries. You represent and warrant that you are not located in an embargoed country to Canada or the United States, and that you will not use the Software for any purposes prevented by internal laws on export control. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Mobile Services and Software
The Service includes certain services that are available via a mobile device, including (a) the ability to share content to the Service via a mobile device, (b) the ability to browse the Service and the Site from a mobile device, and (c) the ability to access certain features and content through the Mobile App (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Mobile App License
Subject to these Terms of Service, Prenuvo hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (i) install the Mobile App on one mobile device and (ii) use the Mobile App for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App for another device on which you also agreed to these Terms of Service. Each instance of the Terms of Service that you agree to in connection with downloading a Mobile App grants you the aforementioned limited rights in connection with the installation and use of the Mobile App on one device. The technology and software underlying the Service or distributed in connection therewith are the property of Company and Company’s licensors (including the Mobile App, the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Company and Company’s licensors. Company may offer the Mobile App through the Apple App Store, the Google Play Store or other distribution channels (“Distribution Channels”). If you obtain the Mobile App through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.
With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (such Mobile Apps, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply: Prenuvo and you acknowledge that these Terms of Service are concluded between Prenuvo and you only, and not with Apple Inc. (“Apple”), and that as between Prenuvo and Apple, Prenuvo, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof. You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Prenuvo’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
Prenuvo and you acknowledge that Company, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Company as follows: By email: firstname.lastname@example.org. By mail: Prenuvo Inc, 2727 El Camino Real, Redwood City 94027
Prenuvo and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
The following applies to any Mobile App you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms of Service are between you and Prenuvo only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (iii) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (iv) Company, and not Google, is solely responsible for Company’s Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates to Company’s Google-Sourced Software.
Open source software
The Software may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms, which can be found in the Software documentation or the applicable settings, help, legal, notice, or about menu or source files. If required by any license for particular open source software, Company makes such open source software, and Company’s modifications to that open source software (if any), available by written request to email@example.com. Copyrights to the open source software are held by the respective copyright holders indicated therein.
By using the Service, you consent to accept and receive communications from us to the contacts you provide to us in connection with your account,including via prerecorded calls, automated emails, SMS and/or MMS messages sent through an automated telephone dialing system, push notifications and other means (if applicable) (“Communication Service”), even if you have opted in to the National Do Not Call List, any state Do not Call List, or the internal Do Not Call List of any company. You may be required to respond to an initial message as instructed to complete your registration and confirm enrollment in the Communication Service. You do not have to participate in the Communication Service in order to use the Service. In the event you no longer want to participate in the Communication Service, you agree to notify us directly. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Prenuvo account information to ensure that your messages are not sent to the person that acquires your old number.
There is no additional charge for the Communication Service, but your mobile carrier’s or other service provider’s standard message and data rates apply to any messages you send or receive through the Communication Service, including confirmations and subsequent texts or emails. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any SMS or MMS messages, or other communications, as delivery is subject to effective transmission by your mobile carrier or other service provider and compatibility of your mobile device. Please contact your mobile carrier or other service provider if you have any questions regarding these issues or your mobile data and messaging plan or services.
You can invite others to use the Service through the Communication Service by providing the numbers of those you want to invite or by selecting the individuals you want to invite from your contacts list (if you have uploaded one). By asking us to invite others to use the Service, you represent to us that those you invite consent to receive the automated invitation messages and that you are authorized to convey that consent to us.
You will also receive information, communications, updates and reminders about your account and the Services you purchase (including, as applicable, any scheduled Imaging Services) via the Communication Service.
Intellectual property rights
Service Content and Trademarks
You acknowledge and agree that the Site and Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Laws. Any use of the Site, Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Site and our Services or distributed in connection therewith constitutes our property (the Software). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by us.
Prenuvo name and logos and our other graphics, designs, page headers, button icons, scripts and service names displayed on our Site and in our Services (collectively “Prenuvo Trademarks”) are registered trademarks, trademarks or trade dress in the U.S. and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Prenuvo Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Prenuvo Trademarks will insure our exclusive benefit.
With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Prenuvo and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof in any form, medium or technology now known or later developed. You represent and warrant that any authorized use of your User Content by Prenuvo does and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, and intellectual property rights.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Prenuvo are non-confidential and Prenuvo will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Prenuvo may preserve content and may also disclose content if required to do so by Law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable Laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Prenuvo, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Third Party Services and Websites
Indemnity and release
You agree to release, indemnify and hold Prenuvo and its affiliates and its and their officers, employees, directors, service providers, licensors, and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his settlement with the debtor or releasing party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PRENUVO EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS; PROIVIDED HOWEVER THAT SUCK DISCLAIMER SHALL NOT APPLY TO ANY PRENUVO HEALTH CARE SERVICES PROVIDED BY PRENUVO MEDICAL PROVIDERS.
PRENUVO DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT CONTENT PROVIDED THORUGH THE SERVICE IS CORRECT, ACCURATE AND LEGALLY-COMPLIANT, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
PRENUVO MAKES NO WARRANTY WITH RESPECT TO ANY PRENUVO HEALTH CARE SERVICES TO THE EXTENT PRENUVO IS RELIANT UPON, USING OR INCORPORATING ANY THIRD PARTY SERVICES, INCLUDING IMAGING SERVICES AT AN IMAGING LOCATION.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE TO WAIVE AND RELINQUISH ANY CLAIMS, DEMANDS, AND CAUSES OF ACTION OR RECOVERIES FOR INDIRECT DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFIT, DAMAGES FOR LOSS OF GOODWILL, DAMAGES FOR LOSS OF USE, DAMAGES FOR LOSS OF DATA, REGARDLESS OF THE THEORY UPON WHICH ANY CLAIM MAY BE BASED, INCLUDING ANY TORT, NEGLIGENCE, STRICT LIABILITY OR STATUTORY CAUSES OF ACTION RESULTING FROM: (A) YOUR ACCESS TO, USE OF, INABILITY TO ACCESS OR INABILITY TO USE THE SERVICE, (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY SERVICE, DATA OR INFORMATION PURCHASED OR OBTAINED THROUGH OR FROM USE OF THE SERVICE, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSM ISSIONS OR DATA, (D) ANYTHING OCCURING AT AN IMAGING LOCATION, INCLUDING ANY COMMUNICATION OR CONDUCT WITH ANY PERSON AT OR ASSOCIATED WITH AN IMAGING LOCATION, (E) ANY SERVICES PROVIDED BY A REFERRED HEALTH CARE OR MEDICAL PROVIDER; OR (F) ANY OTHER MATTER RELATED TO THE SERVICE.
NOTWITHSTANDING THE TERMS OF ANY LIMITED WARRANTY, AND/OR IN THE EVENT ANY LIMITED WARRANTY PROVIDED TO BUYER FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL PRENUVO’S ENTIRE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE PURCHASE PRICE ACTUALLY PAID BY YOU FOR THE SERVICES SUBJECT TO THE CONTRACT OR AGREEMENT IN DISPUTE, OR ANY DEFECTIVE OR NONCONFORMING PORTION THEREOF, WHICHEVER IS THE LESSER AMOUNT, (IF ANY) OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Dispute Resolution By Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to arbitrate
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND PRENUVO AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PRENUVO AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Pre-Arbitration Dispute Resolution
Prenuvo is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Prenuvo should be sent to: Prenuvo, ATTN: General Counsel, 2727 El Camino Real, Redwood City CA 94027 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Prenuvo and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Prenuvo may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Prenuvo or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Prenuvo is entitled.
Arbitration will be conducted by a neutral arbitrator administered by JAMS in accordance with JAMS’ Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this Section, and as of the date of this Agreement). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. For information on JAMS, please visit its website, https://www.jamsadr.com/. Information about the JAMS Rules and fees for disputes can be found at JAMS’ relevant page, https://www.jamsadr.com/rules-download/. If there is any inconsistency between any term of the JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Prenuvo and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by JAMS. If your claim is for $10,000 or less, Prenuvo agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the JAMS Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Prenuvo will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Prenuvo will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Prenuvo will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the JAMS Rules.
Confidentiality of Arbitration
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability of Arbitration Clause
Future Changes to Arbitration Agreement
These Terms of Service constitute the entire agreement between you and Prenuvo and govern your use of the Service, superseding any prior agreements between you and Prenuvo with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software including but not limited to Prenuvo California and that of the Imaging Location. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Prenuvo agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco, California. The failure of Prenuvo to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 of Service remain in full force and effect. You agree that regardless of any Law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Prenuvo, but Prenuvo may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210. You may contact us at: By mail: Prenuvo, Inc., 2727 El Camino Real, Redwood City CA 94027. By phone: 833-PRE-NUVO
If you have any questions about these Terms, please contact Prenuvo online.
Last updated: 22 September 2020