Services shall mean any mobile application or website made available by us.
Minor(s) shall mean any person under the age of 18, or persons, who are not legally competent to enter into contracts under applicable law.
Content shall mean any type of content, including but not limited to text, shared experiences, graphics, images, sound, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services and which may include Content which is owned or controlled by third parties which we are permitted to make available to you via the Services.
User Content shall mean any Content that Account Holders provide to be made available through the Services.
User Account or Account shall mean your personal account, with your personal associated username and password.
Account Holder shall mean anyone creating an account in our Services – including you and your administrative user.
Intellectual Property (Rights) shall mean any Content made available by us in Services, except for User Content, but including copyrights and trademark rights. Hereunder: trademarks, service marks, trade names, logos or functionalities.
The Services are in general not intended for Minors. By accessing the Services, you represent that you are at least 18 years of age and that you are otherwise legally qualified to enter into and form contracts under applicable law. If we become aware that a Minor has used Services which are not available to Minors, we will take steps to terminate the relating account and delete any data provided by the Minor.
Agreement to Terms:
The Services – and Content provided by the Services – are given for general informational purposes only. The purpose of the Services is not to provide information about medicinal products or treatments subscribed by your doctor. For inquiries regarding products or devices, and specific medical treatments please contact your healthcare professional. We do not guarantee that you will experience better quality of life by using the Services. The Services are not intended for discussions regarding medicinal products or medical devices and posts made by you containing such information will not be replied upon. For inquiries regarding products or devices, please contact your healthcare professional.
Information provided “as is”:
Not medical advice:
The Services contains general nutritional, wellness and imaging information for educational and informational purposes only, but it is not a substitute for medical judgment, advice, diagnosis, treatment, cure or prevention of any health condition, disease or problem. Services do not address all possible uses, actions, precautions, side effects, or interactions of preexisting health conditions or prescribed medications. You should consult with a healthcare professional prior to making any decisions, or undertaking any actions or not undertaking any actions related to any health care problem or issue. If you have any questions about the risks or benefits of making dietary or lifestyle changes or about a specific health condition, you should consult a licensed healthcare professional. You should never disregard, avoid or delay obtaining medical advice from a licensed healthcare professional because of information in the Services.
YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF INFORMATION OBTAINED THROUGH YOUR USE OF THE PRODUCT. PLEASE FOLLOW UP, INDEPENDENTLY OF THE SERVICES, WITH YOUR PHYSICIAN, OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL, TO DISCUSS ANY HEALTH CONCERNS OR ADVICE TAILORED TO YOUR MEDICAL OR HEALTH SITUATION. ZEYIX MAKES NO REPRESENTATIONS ABOUT AND ACCEPTS NO LIABILITY FOR THE SUITABILITY, RELIABILITY, IMPORTANCE OR ACCURACY OF THE INFORMATION CONVEYED VIA THE SERVICES OR ADVICE PROVIDED BY OTHER USERS THROUGH THE SERVICES. NO STATEMENTS MADE ON THE SERVICES HAVE BEEN EVALUATED BY ANY NATIONAL COMPETENT AUTHORITY.
Zeyix may monitor the content displayed through your Account and profile in order to ensure the quality of data and input given when experiences are shared.
Your responsibility in using the Services:
You agree not to use the Services in any manner that: (a) violates any local, provincial, national, or international law; (b) threatens, stalks, harasses, abuses, defames, slanders, or in any other way harms another individual or business organization; (c) collects or stores personal data about other users without their consent, or otherwise prepares, compiles, uses, downloads, or copies any user information and/or usage information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) such information to any third party; (d) impersonates any person or entity, misrepresents your affiliation with a person or entity, or otherwise creates a false identity for the purpose of misleading others; (e) infringes someone else’s patent, trademark, trade secret, copyright or other intellectual property or other rights; (f) is vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically, or otherwise offensive, hateful, or abusive; (g) advocates or solicits violence, criminal conduct, or the violation of any local, state, national, or international law or the rights of any third party; (h) promotes sexually explicit or pornographic material or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (i) constitutes unsolicited or unauthorized advertising, junk or bulk email (spam), chain letters, or any other unsolicited commercial or non-commercial communication; or (h) transmits any material or communications that contain a petitions for signatures, chain letters, or letters relating to a pyramid scheme.
Intellectual Property Rights:
All Content made available through the Services is the property of, or is licensed for use by, Zeyix or other third parties and is protected by applicable legislation regarding intellectual property rights, including copyright laws and trademark laws. All intellectual property rights in or of the Services (other than in respect of User Content) belong to Zeyix or one of our business partners. The Content may not be used other than for your personal and non-commercial use with all copyright or other proprietary notices retained. No un-authorised use, modification, copy or reproduction or retransmission of any part of the Content is permitted without the express prior written approval of Zeyix.
Any Intellectual Property displayed in the Services or otherwise used in connection with the Services are registered and unregistered trademarks or service marks and are protected worldwide. Nothing contained in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property displayed in association with the Services without the prior written permission of Zeyix or such third party that may own the Trademarks. Please be advised that Zeyix will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Rights in Content Granted by Zeyix:
Rights in User Content:
You are solely responsible for all your User Content (including its reliability, accuracy and truthfulness) and Zeyix has no control over the same. You confirm that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content as described above. You also confirm that neither your User Content, nor your use and provision of your User Content to be made available through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Subject to the section titled “Limitation of Liability” Zeyix will have no liability in this respect and we have the right to disclose your identity to any third party claiming that any User Content submitted by you constitutes a violation of their intellectual property rights or of their right to privacy. Zeyix has the right to refuse to post, move, remove or edit any User Content from the Services at our own discretion but we do not assume any obligation to any users to monitor the User Content or remove any specific material. You can remove your User Content by specifically deleting it. By commenting or submitting a comment or recommendation on the Services, you grant Zeyix permission to contact you regarding the content of the comment. Subject to your consent, you also grant Zeyix license to modify, edit, crop, highlight and/or republish your content with attribution to you, or if requested by you, publish without attribution to you in an anonymous form.
Link to Third Party Websites:
Sites linking to us:
Zeyix does not endorse third party websites referencing or linking to the Services and is not responsible for content on these linked sites or for control over information that users may choose to provide to these sites.
You understand that termination of this Agreement and your Account may involve deletion of your information from our databases as well as any User Content. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR DELETION OF YOUR ACCOUNT OR USER CONTENT.
Actual or attempted unauthorized use of the Product, or services provided by the Services or the Content may result in criminal and/or civil prosecution, if relevant. Zeyix explicitly reserves the right to view, monitor, and record activity relating to your use of the Services, without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity in connection with the Services.
Zeyix will also comply in good faith with all court orders as well as all legitimate law enforcement and regulatory inquiries involving requests for such information. Zeyix specifically reserves the right to monitor your use of the Services, including any associated Content, and to remove or modify any Content and/or User Content, information, or any other element associated with the Product, in its sole and absolute discretion, for any reason or no reason, without any notification or explanation. While we use security measures to protect sensitive and personal information transmitted online, please be aware that no security measures are perfect or impenetrable.
In particular, please know that communication by email is inherently insecure and may be intercepted by an unauthorized third party. Any information conveyed via email is sent at your own risk. We will take all reasonable measures to protect the Services against computer viruses, worms, Trojan horses or other threats. We do not, however, warrant that the Services is free from such harmful programs and we are not responsible for any loss incurred by you due to harmful programs received from the Services or by means of files downloaded from the Services.
ZEYIX, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKES NO EXPRESS WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICES, CONTENT OR FUNCTIONALITIES OF THE SERVICES, OR THE CONTENT HEREOF. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZEYIX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, SECURITY, RELIABILITY, ACCURACY OF DATA AND SYSTEM INTEGRATION. LEO PHARMA MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE ACCURATE, RELIABLE, CORRECT, USEFUL, TIMELY, UNINTERRUPTED, SECURE, DEFECT-FREE, OR ERROR-FREE (INCLUDING, WITHOUT LIMITATION, FREE FROM VIRUSES, WORMS, TROJANS, OTHER MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS); NOR DOES ZEYIX MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZEYIX OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IN JURISDICTIONS NOT ALLOWING THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OUR AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS, AND SUPPLIERS LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Limitation of Liability:
YOU ACKNOWLEDGE AND AGREE THAT TO THE EXTENT PERMITTED BY LAW IN NO EVENT WILL LEO PHARMA OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, AND/OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE, OR OTHERWISE AND EVEN IF WE AND/OR OUR SUBSIDIARIES, AFFILIATES, LICENSORS, AND/OR SUPPLIERS HAS OR HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. THE AGGREGATE LIABILITY OF LEO PHARMA TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES OR THE SERVICES IS LIMITED TO THE LESSER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. 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 our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
We welcome your feedback, questions, comments and suggestions for improvement of the Services. You can provide us with feedback by emailing us.
Any feedback, questions, comments and suggestions including any ideas, inventions, concepts, techniques or know how forwarded to Zeyix will become the property of Zeyix and may without restrictions be used for any purposes including developing, manufacturing and marketing goods or services. Received comments will not be treated as confidential.
Governing law and venue:
This Agreement and any sales hereunder shall be governed by the laws of the State of New York without regard to conflicts of law rules and venue shall be in the federal and state courts of Monroe County, State of New York, United States of America. The parties expressly exclude the application of the 1980 United Nations Convention of Contracts for the International Sales of Goods, if otherwise applicable.
Any arbitration, enforcement of an arbitration or litigation will be brought exclusively in Monroe County, New York, and user hereby consents to the juristiction of the Federal and State courts located therein, submit to the jurisdiction thereof and waive the right to change venue. User further consents t the exercise of personal jurisdiction by any such court with respect to any such proceeding. The rights and remedies provided Company under this Agreement are cumulative, are in addition to, and do not limit or prejudice any other right or remedy available at law or in equity.
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Rochester, NY 14604