Prevention Pods™ Terms of service.
Last Modified: August 25, 2020
Prevention Pods™, a service of todreamalife LLC, and/or its affiliates (“Prevention Pods™”, “we”, “us”) provide website (www.preventionpods.com) (“Site”) content, functionality, and other personal protective equipment (“Product”) to you when you visit or make purchases at the “Site” or remotely through any Prevention Pods™ applications (collectively, the “Services”). Prevention Pods™ provides the Services subject to the following terms and conditions. By accessing or using the Services, you agree to be bound and abide by these Terms of Service. Please read them with care.
1. Requirements for use of the Services
By using the Services, you represent and warrant to us that you are (i) of legal age to form a binding contract with Prevention Pods™ and agree to these Terms of Service, and (ii) are not barred under any applicable laws from doing so or from receiving Services in the jurisdiction where you reside or where you use them. You must be a US resident who is 18 years or older to submit a nasal or oral swab(s), blood samples or other biological samples (“Biological Sample”), create a Prevention Pods™ account, or purchase a COVID-19 Consult (see below). If you do not meet these requirements, you must not access or use the Services.
2. Additional Terms
Your use of the Services is also subject to any applicable terms, policies or rules that we may post or provide a link to on the Site. As of now, these terms include Prevention Pods’™ Privacy Policy. All such applicable terms, policies and rules are considered part of these Terms of Service and incorporated by reference.
3. Description of Services
The Services include the following features and functions related to COVID-19 testing, analysis and interpretation:
Prevention Pods™ Platform. Prevention Pods™ hosts a platform (the “Prevention Pods™ Platform”) where you may purchase COVID-19 Products and Services that will use, interpret and deliver your COVID-19 Testing Results, and/or participate in a research program supported by Prevention Pods™ (“Research Program”). Some Products are made by third parties with which Prevention Pods™ has partnered (“Product Partners”). Research Programs are organized by health systems, research institutes, and other third parties with which Prevention Pods™ has partnered (“Research Partners”).
Prevention Pods™ Account. Prevention Pods™ provides you access to a software platform via a preventionpods.com account (the “Prevention Pods™ Account”). Your Prevention Pods™ Account allows you to manage your Personal Information, the Products you purchased, the Research Programs you have chosen to participate in, and other account settings.
4. Changes to these Terms of Service and the Services
We may revise and update these Terms of Service and post the updated Terms of Service on the Site. We will make any new terms available to you through or in connection with the affected Services. All changes are effective immediately when we post them, and they apply to all access to and use of the Services from that point onward. If you use the Services after we post revised Terms of Service, you acknowledge and agree to the revised Terms of Service.
We reserve the right to withdraw or amend the Services or any portion thereof in our sole discretion without notice. We will not be liable if for any reason the Services or any portion are unavailable at any time or for any period.
5. Registering for and accessing the Services
To access certain features and functions of the Services, including COVID-19 Testing, you must create a Prevention Pods™ Account. To establish a Prevention Pods™ Account, you must provide certain information that we request. This information includes:
your name and email address;
your date of birth; and
information we need for identity verification, such as your gender;
your phone number; and
your credit card or other billing information.
By registering for the Services, you represent and warrant that the registration information you provide is accurate, current and complete. You also agree that all information you provide to us, no matter how you do so, is governed by our Privacy Policy. You consent to us using your information in ways that are consistent with those policies.
You must obtain Internet access to use the Services. You are responsible for (i) any Internet access fees and providing your own equipment for Internet access, and (ii) ensuring that all persons who access the Services through your internet connection or on your behalf are aware of these Terms of Service and comply with them.
When you create a Prevention Pods™ Account, you must choose a password and treat your password as confidential. You agree not to let someone else access the Services using your username, password or other security information. You agree to let us know immediately of any unauthorized account access or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. When accessing your account from a public or shared computer, you should use particular caution so that others are not able to view or record your password or your other information. Prevention Pods™ cannot and will not be liable for any loss or damage that results from your failure to comply with these obligations. You authorize Prevention Pods™ to authenticate your identity when accessing the Services. This may include asking you for your date of birth and other information that will allow Prevention Pods™ to reasonably verify your identity.
If we believe that you have violated these Terms of Service, we have the right at any time to disable or terminate access to your account.
6. Requesting COVID-19 testing Services
To have your sample analyzed with the Prevention Pods™ Platform, you must provide Biological Samples (nasal or oral swab(s) or blood samples) using a test kit we provide (“Prevention Pods™ Test Kit”). When you provide us a sample, you agree to all of the following:
You are submitting your own sample and not the sample of another person.
You are 18 years of age or older.
You allow Prevention Pods™ to perform COVID-19 testing on any sample you submit. Any Biological Samples remaining after analysis will be discarded in accordance with applicable laws and regulations.
You allow Prevention Pods™ to share relevant personal and Testing Information with each Research Program that you join in accordance with the Research Program’s consent and our Privacy Policy.
You understand that health-related interpretations are for information purposes only and not intended to diagnose or treat diseases. You should consult a physician, or other qualified health professional before acting on any interpretation. Some Research Partners may provide a consultation with a health professional as part of their products, services, or a Research Program. Prevention Pods™ does not provide consultations with health professionals.
Retesting Policy. We may be unable to process your sample on our first attempt, which may be either due to an issue with the submitted sample or with our laboratory process. If this is the case, we will invite you for a second test to attempt to process your sample again at no charge to you. However, if we are unable to process your sample because of your violation of these Terms of Service, a fee may apply to receive a second Prevention Pods™ Kit. If your second sample cannot be processed, Prevention Pods™ will refund the cost of your original purchase.
7. Purchasing and accessing Products and Services on the Prevention Pods™ Platform
The Prevention Pods™ Platform provides a venue for you to purchase COVID-19 Testing Products and Services.
You agree to pay for all Products or Services you purchase, including any taxes and fees that apply. Prices listed in the Prevention Pods™ Platform may change at any time. We do not provide price protections or refunds on previous purchases in the event of a Product price reduction or promotion.
Prevention Pods™ does not submit or process insurance paperwork or claims for the Services. We do not expect the Services to be covered by any health insurance policy nor guarantee that the fees charged for any Service will be reimbursed by any insurance provider.
Refund Policy. If you decide you no longer want a Product or Service following your purchase, please contact us immediately.
If the purchase includes a COVID-19 Test, you may request a refund within 30 days of purchase. A full refund will be issued if cancelled more than 24 hours before the scheduled date. A 50% refund will be issued if cancelled 12 hours before the testing time. If less than 12 hours remain between scheduled time and cancellation, no refund will be issued. However, the test can be rescheduled for no fee. You can request a refund by accessing your Prevention Pods™ Account.
Offer Codes. From time to time, Prevention Pods™ may offer discount codes, offer codes or other promotional codes to qualified customers through a variety of marketing activities and communications (collectively, “offer codes”). These offers codes are redeemable towards a purchase on preventionpods.com, subject to certain Product exclusions or any other restrictions as may be determined and communicated by Prevention Pods™ at its sole discretion. Only valid offer codes provided or promoted by Prevention Pods™ will be honored at checkout. Codes that are supplied or promoted by third parties without Prevention Pods™’s authorization will not be considered valid. Offer codes may not be combined and customers are limited to the use of a single offer code per order. Prevention Pods™ is not responsible for lost, stolen or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent, and no substitutions or credits are allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the purchased Products or services is returned. Expiration dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited.
Spokespersons. From time to time, Prevention Pods™ may engage spokespersons, influencers, bloggers or other individuals or entities who have been compensated or incentivized to speak on behalf of the Prevention Pods™ brand. When you receive an offer code from a third party source, such as a television or radio show host, or a social media account, please note that such individuals or organizations may have been compensated by Prevention Pods™ for their statements or representations.
8. Content of COVID-19 Products
Products used by Prevention Pods™ are Clinical Laboratories Improvement Amendments (CLIA) certified and manufactured either in the United States of America, or China. All Products found on the Prevention Pods™ Platform are FDA Approved under the EAU authorization. Many of the Products also have the European Union’s CE accreditation. You may choose between a series of test packages, the combination of tests you would like to receive based on these descriptions and your own judgment. As part of its product review process, Prevention Pods™ evaluates the scientific quality behind all Products on the Prevention Pods™ Platform. For more details on our scientific evaluation process, please click here. For a detailed list of Products and their approvals please contact Customer Service at info@preventionpods.com. We ask that you report any Products that you believe do not conform to quality standards or violate our Prevention Pods™ Platform policies. You can report these issues to Customer Service.
We urge you to read the Product Partner’s terms of service, privacy policy, and/or Product consent relating to any Product with care before purchasing.
9. Participation in research
Prevention Pods™ may engage in public health research and may invite you to make available to Prevention Pods™ your Testing Result and other information you provide about yourself for research purposes. Upon registering your Prevention Pods™ account, you will have the opportunity to choose to participate in the Prevention Pods™ Research Projects by providing your Consent. De-identified and anonymous patient data may be aggregated and used in research without consent, if applicable. Consistent with our Research Consent, we will only use your Personal Information for research purposes with approval from an institutional review board (IRB) and with your consent.
10. Communications
You are communicating with us electronically when you use any Service or send us emails and other communications from your desktop or mobile device. You agree to receive electronically all communications from us in connection with your Prevention Pods™ Account or your use of our Services, which may include emails, texts, mobile push notices, or messages on the Site or through other Services.
Please do not include any protected health information or other sensitive information when you contact Customer Service. If you have questions or concerns about Prevention Pods’™ use or disclosure of protected health information specifically, please contact Prevention Pods™’s Privacy Department at privacy@preventionpods.com. Note that inquiries sent through the Customer portal, or emails sent to privacy@preventionpods.com (unless you have an email encryption service) are not encrypted or secure. You may choose to send your questions or concerns about Prevention Pods’™ use or disclosure of protected health information to the following address instead:
Prevention Pods™
Service of Todreamalife, LLC
Attn: Privacy Department
29 Orinda Way #154
Orinda CA, 94563
You can retain copies of these communications for your records. You agree that all digital agreements, notices, disclosures, and other communications that we provide to you meet any legal requirement that such communications be in writing.
11. Intellectual Property Rights; limited right to use
The Services, Site and their entire contents, features and functionality (including but not limited to all information, software, code, algorithms, databases, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Prevention Pods™ and its licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Prevention Pods™ grants you a limited license to copy and distribute, for non-commercial purposes, any of the content on the Site, provided that you distribute such content (i) as it appears on the Site without any modification, (ii) in a way that is fair and legal and does not misrepresent the substance of the content, Site or Services; and (iii) with the following attribution “© 2020 Prevention Pods™ Service of Todreamalife, LLC or its affiliates. All rights reserved”. Except as permitted by this limited license, you must not reproduce, copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, sell, resell, exploit, transfer, or transmit for any commercial purpose any of the content on the Site. If you wish to make any use of content on the Site or Services other than as set out in this section, please contact Customer Service.
Prevention Pods™ grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes, subject to these Terms of Service and in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. Prevention Pods™ Services and Products may be purchased as gifts for others where permitted on the Site or through authorized distributors of Prevention Pods™. However, Prevention Pods™ Kits may not otherwise be resold, distributed, transferred or used for any purpose other than using the Services yourself without the express prior written agreement of Prevention Pods™. Except for your rights to Services or Products you purchase or access, no other right, title or interest in or to the Services or any content on the Services is transferred to you. Prevention Pods™ reserves all rights not expressly granted.
If you provide Prevention Pods™ with any suggestions, recommendations or other feedback regarding the Services (“Feedback”), you agree that Prevention Pods™ may freely use and exploit such Feedback in any way and for any purpose. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
12. Trademarks
Prevention Pods™ and the Prevention Pods™ design logo, as well as Prevention Pods™ Testing Products and the Prevention Pods™ App icon, are trademarks of Prevention Pods™. You must not use these trademarks without the prior written permission of Prevention Pods™. All other names, logos, Product and Service names, designs and slogans on the Site are the trademarks of their respective owners.
13. Prohibited uses
You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services in any way that violates any applicable federal, state, local or international law or regulation. You also agree not to:
use the site in any way in violation of any applicable law or for any illegal purpose
use the Site in any way that could disable, overburden, damage, or impair the Site;
use the Site in any way that could interfere with any other party’s use of the Services;
reverse engineer, copy, modify or create derivative works of the software used in the Prevention Pods™ Account, the Prevention Pods™ Platform, any application provided as part of the Prevention Pods™ Services, or any Product;
use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site, unless explicitly permitted by Prevention Pods™;
market, sell, transfer, or otherwise make available to any other person or entity any data collected from, or derived from data collected from, the Site, for any commercial, political, market surveying or other purpose, whether in aggregated or bulk form or otherwise;
engage in framing, mirroring, or otherwise simulating the appearance or function of the Site or Services;
use any device, software or routine that interferes with the proper working of the Site;
introduce any viruses, Trojan horses, worms, or other material which is malicious or technologically harmful;
attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
attempt to bypass methods that Prevention Pods™ may use to prevent or restrict access to the Site or Services;
access or attempt to access another customer’s Prevention Pods™ Account; or
otherwise attempt to interfere with the proper working of the Site.
14. Third Party content; links from the site
The Site may include content provided by third parties, such as Product Partners, Research Partners, other users, and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in such content are solely the opinions and the responsibility of the person or entity providing the content. Such content may not reflect the opinion of Prevention Pods™. We are not responsible, or liable to you or any third party, for the content or accuracy of any third party content.
If the Site contains links to other sites and resources provided by third parties, including Product Partners and Research Partners, it provides them for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you access any third party websites linked to this Site, you do so at your own risk and subject to such websites’ terms and conditions and privacy policies.
15. Geographic restrictions
Prevention Pods™ is a United States company and provides the Services in the United States. We make no claims that the Services and/or Products or any of the content available by or thorugh us, including by and through our Site, or any of our policies, or the data we collect and store and the ways in which we collect, store and manage this data, are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and you consent to our policies and procedures. By accessing our Services and/or Products, you are responsible for compliance with local laws.
16. Notice of limitations
At Prevention Pods™, we believe in giving you access to your Testing Results. This access can help you further your own self-discovery about your COVID-19 STATUS.
In considering a purchase of or access to the Services or any Product, you should be aware of certain risks and limitations of testing and interpretation. These include the following:
COVID-19 is a rapidly changing and developing field of study.
Products are based on the current knowledge of COVID-19. This knowledge changes every day as we learn more through research. A Product based on the current state of knowledge may have a different interpretation in the future.
You may discover information that causes you distress.
You cannot unlearn the knowledge you gain from a Product.
You may discover Information that you do not expect. In some cases this information may be interesting. In other cases it may lead to unintended reactions such as anxiety, depression or distress. For example, you may discover a test result indicates you are infected with COVID-19.
Prevention Pods™ doesn’t allow you to select which insights you would like to receive by purchasing or accessing Products. You are responsible for considering the potential impact this information may have on you or your relatives before purchasing or accessing a Product.
There may be errors in processing your sample.
Prevention Pods™ takes its laboratory quality very seriously. Our laboratory meets quality control standards set by the Clinical Laboratory Improvement Amendments (CLIA) and the College of American Pathologists (CAP).
Despite our focus on quality, problems with our testing process may occur from time to time. These problems may result from sample misidentification, a contaminated sample or insufficient sample. We regularly perform quality control on our processes and procedures. Even so, errors may result during data generation in the lab and in the processing of the data on servers.
Revealing your Information may affect your privacy:
Some Products may request that you share your Information, for research or social reasons. You may also wish to publicly share results on your own. You should be careful about sharing your Information with others and know the consequences before doing so.
Information that you choose to share with your health professional may become part of your medical record. That means it could be accessible to other health professionals and possibly health insurance providers in the future.
Please see our Privacy Policy for further information about how we handle your Information and your options for disclosure of such information.
17. Disclaimer of warranties
Prevention Pods™ makes its best efforts to perform accurate Analysis and to offer Products of high quality. However, we do not warrant the accuracy, completeness or usefulness of the Services, nor do we endorse, warrant or guarantee the Products or Research Programs, including, without limitation, any descriptions, prices, products and product warranties, or other information posted by Product Partners, Research Partners, or other vendors.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING PRODUCTS, IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. NEITHER PREVENTION PODS™ NOR ANYONE ASSOCIATED WITH PREVENTION PODS™ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER PREVENTION PODS™ NOR ANYONE ASSOCIATED WITH PREVENTION PODS™ REPRESENTS OR WARRANTS (I) THAT THE SERVICES, THEIR CONTENT, OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, (II) THAT DEFECTS WILL BE CORRECTED, (III) THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (iv) THAT THE SERVICES OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS
PREVENTION PODS™ AND ALL PARTIES ASSOCIATED WITH PREVENTION PODS™ HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
You understand that we cannot and do not guarantee or warrant that content available for downloading from the Site or any links provided on the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient anti-virus protections to meet your needs. You are also responsible for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Limitation of liability
IN NO EVENT WILL PREVENTION PODS™, PREVENTION PODS™ PARTNERS, PREVENTION PODS™ AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (COLLECTIVELY “PRIMARY AND ASSOCIATED PARTIES”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO SITE, OR ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL PRIMARY AND ASSOCIATED PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN AGGREGATE EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00 USD) FOR THE PRIMARY AND ASSOCIATED PARTIES COLLECTIVELY. IN LIEU OF SUCH CASH PAYMENT, THE PRIMARY AND ASSOCIATED PARTIES AT THEIR SOLE ELECTION MAY PROVIDE YOU WITH ONE REPLACEMENT COVID-19 TEST.
THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS ITS ESSENTIAL PURPOSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Indemnification
You agree to defend, indemnify, and hold harmless Prevention Pods™, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Service or your use of the Services, including, without limitation, any use of the content, Services, and Products of the Services other than as expressly authorized in these Terms of Service or your use of any information obtained from the Site.
20. Account closure
You may discontinue use of the Services at any time. You also have the right to close your Prevention Pods™ Account at any time through your Prevention Pods™ Account settings. In keeping with our Privacy Policy, if you close your account, your information will no longer be accessible through the Site or Services. We cannot restore access to your Prevention Pods™ Account after it has been closed. You will be unable to purchase another Product or Service on the Prevention Pods™ Platform unless you create a new Prevention Pods™ Account You may also request that Prevention Pods™ delete your data, in accordance with the process described in our Privacy Policy.
If you violate these Terms of Service, Prevention Pods™ has the right to terminate your access to all or part of the Services. Prevention Pods may close your account in the event that we cease operations or no longer offer the Services.
21. Dispute resolution
If a dispute arises between you and Prevention Pods™, you agree to first contact Customer Service or privacy@preventionpods.com (if regarding your protected health information) to seek a resolution. If we are not able to resolve the issue, then except for disputes relating to the infringement or other misuse of intellectual property rights. Such disputes will be resolved through binding arbitration rather than in court.
This arbitration will be administered by the American Arbitration Association (“AAA”).
Such arbitration will follow the rules of the AAA (“AAA Rules”), as modified by these Terms of Service.The arbitration will be conducted in the English language before a single arbitrator. Any arbitration hearing will be held in San Mateo County, California. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as set forth in the Federal Rules of Civil Procedure Rule 11), then the AAA Rules will apply regarding payment of arbitration costs. The AAA Rules and fees are available online at www.adr.org or can be obtained by calling the AAA at 1-800-778-7879. You and Prevention Pods™ both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You and Prevention Pods™ agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated or representative proceeding. Further, unless both you and Prevention Pods™ agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If this Section 21 is found to be unenforceable, then this Section 21 will be null and void. In such a case, you and Prevention Pods™ agree that the exclusive jurisdiction and venue described in Section 24 will govern any action arising out of or related to these Terms of Service.
22. Waiver and severability
No waiver of these Terms of Service by Prevention Pods™ shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure of Prevention Pods™ to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.
23. Entire Agreement
These Terms of Service, our Privacy Policy constitute the sole and entire agreement between you and Prevention Pods™ with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
24. Miscellaneous
These Terms of Service and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) will be governed by and construed in accordance with California law, without regard to its conflicts of laws principles and excluding the applicability of United Nations Convention for the International Sale of Goods. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Prevention Pods™ agree to exclusively litigate such disputes in the state courts located in San Mateo County and the federal courts located in San Francisco County, California, and both parties consent to venue and personal jurisdiction in California. You may not assign any of your rights in these Terms of Service, and any such attempt is void. Prevention Pods™ may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Prevention Pods™ and you are not legal partners or agents of one another.
25. Your comments and concerns
If you have any feedback, comments, requests for support, or other communications about the Services, you should contact Prevention Pods™’s Customer Service team via email at info@preventionpods.com or by phone at 1-512-337-2913. If your inquiry concerns protected health information, please contact privacy@preventionpods.com.