This Agreement applies to your use of the websites which are owned and operated by Life Length S.L.., located at Agustin de Betancourt, 21- 8th floor 28003, Madrid, Spain (“Life Length”), and our affiliates (collectively (“we,” “us,” or “our”), including, without limitation, www.lifelength.com and all websites that we may own or operate currently or in the future (collectively, the “Site”). By using the Site, you agree to be legally bound by the terms of this Agreement, just as if you had signed it. In the event that you fail to comply with the terms of this Agreement, we reserve the right to suspend or terminate your password, membership, user account, and/or access to the Site (or any part thereof) without prior notice. Further, you agree that we shall not be liable to you or any third party for any such suspension or termination of your access to, or use of, the Site.
Please review this Agreement periodically. We reserve the right to update the terms of this Agreement from time to time to improve it or make it safer and your continued use of the Site will mean you agree to and accept these changes whether or not you have reviewed them. When we do make such changes, we will also revise the "last modified" date at the bottom of this Agreement.
Similarly, from time to time, you may be subject to additional posted guidelines or rules applicable to certain Content, Services, or other items and information available through the Site, all of which are hereby incorporated by reference.
THE SITE, CONTENT, AND SERVICES (AS DEFINED BELOW) DO NOT PROVIDE ANY FORM OF MEDICAL ADVICE, SERVICES, OR RECOMMENDATIONS. THE SITE, CONTENT AND SERVICES ARE NOT INTENDED AND DO NOT CONSTITUTE (I) THE PRACTICE OF MEDICINE OR THE PROVISION OF HEALTH CARE DIAGNOSIS OR TREATMENT, (II) THE CREATION OF A PHYSICIAN, PATIENT OR CLINICAL RELATIONSHIP, OR (III) AN ENDORSEMENT, RECOMMENDATION, OR SPONSORSHIP OF ANY PRODUCT OR SERVICE BY Life Length OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE, AGENTS, EMPLOYEES, CONSULTANTS, OR SERVICE PROVIDERS. Life Length is the world leader service provider in telomere length assessment and offers three lines of services for clinical evaluation, product development and research. The Site is designed to provide information related to telomere length analyses. Life Length is the only company in the world able to offer a highly scalable technology to measure percentage of short telomeres in individual cells from both blood and tissue samples, which is the relevant indicator of telomere dysfunction and cellular aging. Neither Life Length nor the Site is a medical organization or health care provider. We cannot provide you with professional medical advice or diagnosis and nothing contained on the Site should be construed as such or used as a substitute for a consultation with a physician. We urge you to consult your physician or other qualified health care provider if you have any questions about a medical condition or before taking any drug or before beginning any diet, nutrition, fitness or treatment plan.
Any Content accessed or telomere length assessment and reporting services provided (“Services”) through or by the Site is for informational purposes only and is not intended as a substitute for physician consultation, evaluation or treatment. No Content or Services should be used in the case of a medical emergency or for the diagnosis or treatment of any medical condition. While we believe you will find the Content and Services useful, we do not guarantee that the Content and Services will help you achieve any specific results. Agencia Española de Medicamientos y Productos Sanitarios (the Spanish Agency of Medicines and Heath Products) has established that Life Length’s Telomere Analysis Technology (TAT) would be not currently required to be evaluated thereby. TAT has has not been evaluated by the United States Food and Drug Administration. Life Length’s TAT is not intended to diagnose, treat, cure, or prevent any disease or medical condition.
Never disregard professional medical advice or delay seeking it because of something that you have read on the Site or that you have discussed with a Life Length representative! The Site is not intended for children under the age of 18. Individuals are specifically warned to seek professional medical advice prior to initiating any treatment program or fitness regimen. The Site is not meant to be a substitute for a health care professional's clinical judgment and the determination of the need for medical services and the types of health care to provide a patient are decisions that should be made only by a physician or other licensed healthcare provider. Always seek the advice of a physician or other qualified healthcare professional with any questions you have regarding a medical condition.
If you think you may have a medical emergency, call 911 in the U.S. and Canada, your local emergency number or your physician immediately.
All visitors to the Site that register as members shall be provided with a unique user account and password that may be used to access the “Members-only” areas of the Site (“Members”). In registering with the Site, Members agree to provide us with true, accurate and complete information about themselves ("Registered User Data"), and to maintain and promptly update the Registered User Data and any other information provided to us, to maintain its accuracy. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete in connection with your membership, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your membership and refuse any and all current or future use of the Site (or any portion thereof). Members shall be entirely responsible for taking all reasonable steps to maintain the confidentiality of their password and user account information and shall not allow any third party to use their Member account. Each Member agrees to notify us immediately in the event of any known or suspected unauthorized use of his/her user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. Members are entirely responsible for any and all activities that occur under their user accounts. Members agree to immediately notify us of any unauthorized use of their user account or any other breach of security known to them.
Unless otherwise specified, Life Length grants each Member a revocable, non-exclusive, non-assignable, non-sublicensable, non-transferable license and right to access the Site solely for such member's in the United States personal, non-commercial use, provided that you comply fully with the provisions of this Agreement. You may not download (other than page caching) or modify the Site, or any portion of it, without the express written consent of Life Length. This license does not include any resale or commercial use of the Site, Services, Telomere Analysis Technology (“TAT”) Reports, or any portion thereof; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site, its Content or Services; or any use of data mining, robots, or similar data gathering and extraction tools. Neither the Site nor any portion thereof may be reproduced, reverse engineered, decompiled, duplicated, copied, sold, resold, or otherwise exploited without the express written consent of Life Length. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Life Length without our express written consent. You may not use any metatags or any other hidden text utilizing Life Length's name or trademarks without the express written consent of Life Length. Any such unauthorized use terminates the permission or license granted by Life Length pursuant to this Agreement. You are granted a revocable non-exclusive non-assignable, non-sublicensable, non-transferrable license and right to place a hyperlink to the home page of the Site. Such hyperlink shall not portray Life Length, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Life Length logo or other proprietary graphic or trademark as part of the link without Life Length's express written permission.
The Site, Content or Services may not be used for any illegal purpose. You may not access our networks, computers, or the Site, Content or Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment thereof. You may not attempt to gain unauthorized access to any Site Content or Services, other Member accounts, computer systems, or networks connected with the Site, the Content, or Services.
Use of the Site is currently free of charge. However, Life Length reserves the right charge a fee in the future and may directly bill the hospital where you received treatment, your care provider, a third party payor or you, as agreed to prior to such fee being initiated. Additional information regarding any fees applicable to your access to and use of the Site, Content and Services will be included in the membership registration section of the Site.
You acknowledge and agree that the Site contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, "Content") that are protected under intellectual property laws, rules and regulations and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Any use of the Content not expressly permitted by this Agreement is a breach of this Agreement and may violate such laws. All copyrightable content is prohibited under the United States copyright laws (and, if applicable, similar foreign laws), including the selection, coordination, arrangement and enhancement of the Site. The owner of such copyright is ©2012 Life Length, S.L. All rights reserved. The Life Length logo is the trade name and the registered trademark and service mark of Life Length, S.L. (collectively, the “Life Length Marks”). The Life Length Marks may not be used in connection with any product or service that is not provided by Life Length. All other trademarks appearing on the Site are trademarks of their respective owners. Life Length enforces its intellectual property rights to the fullest extent permitted under the law, and may seek civil and criminal remedies where appropriate, including the remedies provided for under 17 U.S.C. §501 et. seq., the Spanish Intellectual Property Act and the Spanish Criminal Code.
Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Site, Content or Services made available on the Site. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Site, Content or Services, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
By posting, storing or transmitting any information, data, content or comments ("User Content") to the Site, you hereby grant Life Length a perpetual, world-wide, royalty-free, irrevocable transferable, sublicensable, right and license to analyze, use, display, distribute, copy, adapt, reproduce, transmit, make inventions and demonstrative works of and otherwise use any content or information you provide on the Site, including user content provided via interactive features or in Public Areas (as defined below), for any purpose, commercial, advertising, or otherwise, and in any media now known or hereinafter developed. You expressly agree that Life Length is free to use any ideas, concepts, know-how, or techniques contained in any User Content provided by you on the Site, or in any communications you send to Life Length, without compensation and for any purpose whatsoever, including but not limited to developing and marketing products and services using such information. You agree that any User Content is subject to change, rejection, or deletion by Life Length without notice or explanation to you.
6.1 Notification. We respect the intellectual property rights of others. If you believe that the Site contains content or material that infringes a copyright you own, you may file a Notification of Claimed Infringement (“Notification”) with our designated Digital Millennium Copyright Act (DMCA) agent as specified below:
Attn: Copyright Agent
Life Length, S.L.
Agustín de Betancourt, 21 – 8th floor
Madrid, Spain 28003
Phone: +34 91 395 6368
Fax: +34 91 395 6396
To be effective under the DMCA, the Notification must be a written communication sent to our designated agent and must include the following information:
The Notification may not contain any attachments. Upon receipt of a Notification from a copyright owner that contains the required information described above, we will remove or disable access to the material contained on the Site that is alleged to be infringing.
From time to time, the Site may provide links to third party websites or information, including your care providers, as well as software, data, or other content on or off the Internet, including linked click-through or other advertising, or through featured or sponsored websites (collectively, “Third Party Links”). For the avoidance of doubt, Life Length neither recommends nor endorses the content of any Third Party Links. Life Length is not responsible for the content of Third Party Links and it does not make any representations regarding their content or accuracy. Your use of Third Party Links is at your own risk and may be subject to separate terms and conditions for the use of such site.
Certain Content or Services offered on the Site may be provided by third parties. Such third parties may be third party beneficiaries to this Agreement pursuant to our agreements with such third parties. To the extent such third parties are third party beneficiaries to this Agreement, the rights and protections provided to us hereunder inure to such third parties benefit.
You are entirely responsible for all User Content that you post, email or otherwise transmit to the Site and the consequences resulting therefrom, and you bear the risk of relying on the User Content of others. Except as may otherwise be provided in our Privacy Statement all User Content are public and not private communications. You acknowledge that by providing you with the ability to distribute User Content, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any User Content or activities on the Site, nor do we endorse any such User Content. We do not control the User Content posted, emailed or otherwise transmitted on the Site by others and, as such, we do not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Site, you may be exposed to User Content that offensive or may be objectionable. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted to or through the Site.
In consideration of being allowed to use the Site, you agree that the following actions shall constitute a material breach of this Agreement and may result in our barring you from accessing the Site in the future and/or immediate suspension or termination of your membership:
Life Length has no liability or responsibility to users of the Site or any other person or entity for its action or inaction with regard to the aforementioned activities and is not required to monitor the Site or contact anyone, including your care provider, regarding any of your postings or other information, including but not limited to critical lab results or other health care data. Life Length reserves the right to take any action it deems necessary to protect the personal safety of our users or the public.
Video, email and short message service (SMS) communications from the Site are not encrypted and this information is not secured. It is possible for these communications to be intercepted or accessed without your authorization, and by using the Site, you hereby release Life Length and its affiliates from any liability arising from or related to any such unauthorized access.
CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE SITE. Some of the content on the Site may not be appropriate for children. We are committed to protecting the privacy of children. The Site is not intended or designed to attract children under the age of 18. We do not collect personally identifiable information from any person we actually know is a child under the age of 18.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND THE CONTENT AND SERVICES PROVIDED THEREIN IS AT YOUR OWN RISK.
ALL OF THE CONTENT, SERVICES, PRODUCTS AND OTHER MATERIALS OFFERED ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NEITHER WE NOR OR ANY OF OUR LICENSORS OR AFFILIATES MAKE ANY EXPRESS WARRANTIES AND WE AND EACH OF THEM DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
NEITHER WE NOR ANY THIRD PARTY PROVIDERS OR LICENSORS MAKE ANY WARRANTY THAT THE SITE, CONTENT OR SERVICES PROVIDED SATISFY GOVERNMENT REGULATIONS INCLUDING THOSE REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. THE SITE, THE CONTENT AND SERVICES WERE DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER WE NOR ANY OF OUR THIRD PARTY PROVIDERS OR LICENSORS MAKES ANY REPRESENTATION CONCERNING THE SITE, THE CONTENT OR SERVICES WHEN USED IN ANY OTHER COUNTRY.
NEITHER WE NOR ANY OF OUR THIRD PARTY PROVIDERS OR LICENSORS REPRESENT OR WARRANT THAT THE SITE OR ANY PORTION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR LICENSORS REPRESENT OR WARRANT THAT THE USE OR THE RESULTS OF THE USE OF THE SITE CONTENT OR SERVICES CORRECT, ACCURATE, RELIABLE, OR OTHERWISE FREE OF ERRORS.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. THERE ARE NO IMPLIED WARRANTIES IN THIS AGREEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR THIRD PARTY PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SITE; (B) THE USE OF ANY CONTENT, SERVICES OR OTHER MATERIAL ON THE SITE OR ANY WEBSITE OR WEBSITES LINKED TO THE SITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (F) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, INCLUDING BUT NOT LIMITED TO THE CONTENT AND SERVICES PROVIDED THEREIN, OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, hold harmless and, at our option, defend us and our third party providers and licensors and their respective officers, directors, employees, stockholders, agents and representatives (collectively, the “Life Length Indemnities”) from any and all claims, actions, allegations or demands, against any liabilities, judgments damages and/or costs (including, without limitation, reasonable attorneys fees and expenses) incurred by, or alleged to have been incurred by, the Life Length Indemnities as a result of (a) your improper use of the Site, the Content, the Services or our products or offerings, (b) your violation of this Agreement, (c) your User Content or (d) your violation, misappropriation or infringement of any intellectual property or other right of any person or entity.
Except for any disputes relating to intellectual property rights, obligations or any infringement claims, this Agreement and your use of the Site shall be governed by and construed in accordance with the laws of Madrid, Spain, without giving effect to any principles of conflicts of law. The venue for any claim you bring related to this Agreement or your use of the site shall be the court of __ in Madrid, Spain or the state or federal courts located in New York County, New York. By using this Site, you consent to exclusive jurisdiction of, and venue in, such courts.
15.1. You agree that any dispute arising out of or relating in any way to your use of this Site will be resolved by binding arbitration. The arbitration shall be conducted by the JAMS Alternative Dispute Resolution Service.
620 Eighth Avenue, 34th Floor
New York, NY 10018
15.2. Right to Opt Out of Individual Arbitration within 30 Days. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY LIFELENGTH IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST ENTER INTO THIS AGREEMENT BY MAIL TO:
ARBITRATION OPT OUT
AGUSTIN DE BETANCOURT, 21 – 8th FLOOR
28003 MADRID, SPAIN
YOUR WRITTEN NOTIFICATION TO LIFELENGTH MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS AND CONTACT DETAILS (E-MAIL AND PHONE), AND (3) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH Life Length THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH Life Length OR THE DELIVERY OF SERVICES TO YOU BY Life Length.
Life Length is based in Spain. Life Length makes no representations, warranties, or claims that the Site, Content or Services are appropriate or may be accessed or used outside the Kingdom of Spain, and such access and use is void where prohibited. Access to and use of the Site, Content or Services may not be legal by certain persons or in certain countries. If you access the Site, Content or Services from outside Spain, you do so at your own risk and are responsible for compliance with the laws, rules and regulations of your jurisdiction. You may not use, export or re-export the Site Content or Services in violation of any applicable laws, rules or regulations including, without limitation, Spain’s export laws and regulations. Not all products and services displayed on the Site may be available in your jurisdiction.
Life Length reserves the right in its sole discretion, for any reason or no reason at all, without notice or liability to you, to change or discontinue this Site, or to terminate your account or your access to this Site, with or without cause.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of this Site must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
In any action against us arising from the use of this Site, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.
You and us shall at all times and for all purposes be deemed to be independent contractors and neither you nor us, nor our respective employees, representatives, subcontractors or agents, shall have the right or power to bind the other party. This Agreement shall not create or be deemed to create a joint venture, partnership or similar association between the parties or either party’s employees, subcontractors or agents. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.
All payment obligations and the provisions of this Agreement expected to survive termination shall survive the expiration or termination of this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions thereof.
Upon written notice to you, we may assign or otherwise transfer our rights and obligations under this Agreement without your prior approval, including without limitation in connection with a merger, acquisition reorganization, reincorporation or change of control of Life Length, and this Agreement shall inure to the benefit of our successors, assigns and licensees. An assignee of Life Length authorized hereunder shall be bound by the terms of this Agreement and shall have all of the rights and obligations of Life Length set forth in this Agreement.
The failure of you and us to insist upon or enforce the strict performance with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of any right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
Except as expressly provided otherwise, this Agreement and the Life Length Privacy Statement constitute the entire agreement between you and Life Length with respect to the use of the Site, Content, User Content and Services provided therein.