a. "Verisana" or "Verisana Laboratories" means Verisana GmbH, whose principal place of business is at Gustav-Mahler-Platz 1, 20354 Hamburg, Germany.
b. "Service" or "Services" means Verisana's products, software, services, and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not.
c. "Personal Information" is information that can be used to identify you, either alone or in combination with other information. Verisana collects and stores the following types of Personal Information:
a. "Registration Information" is the information you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment information).
b. "Health Information" or "Health-related Information" is information regarding your health conditions as analyzed and determined through Verisana's Services.
c. "Self-Reported Information" is all information about yourself, including your disease conditions, other health-related information, personal traits, ethnicity, family history, and other information that you enter into surveys, forms, features, or patient information sheets, while using Verisana's Services.
§ 1 General
Verisana Laboratories (part of Verisana GmbH, Gustav-Mahler-Platz 1, 20354 Hamburg, Germany, email@example.com) operates the website www.verisana.com, an internet portal for laboratory services. All orders placed as a customer via the website, as well as our deliveries and services, are subject to the following Terms of Service (TOS), or also referred to as "Terms and Conditions" governing the products and/or services that were applicable at the time of the order. We do not approve any other of the customer unless we expressly agreed to their validity in writing.
As set out in further detail under §6a, Verisana Laboratories (Verisana GmbH) does not constitute a clinical laboratory and does not provide clinical laboratory testing that is used for the diagnosis, prevention or treatment of any disease or impairment of, or the assessment of the health of, human beings, and is therefore not subject to regulation under the Clinical Laboratories Improvement Amendments (CLIA).
§ 2 Conclusion of contract & Acceptance of Terms
2.1 The presentation of the products in the online shop does not constitute a binding offer, but rather a non-binding online catalogue. By clicking the button “send order” you submit a legally binding offer of the products in the shopping basket. The confirmation of the receipt of your order and the simultaneous acceptance of the order are sent by automated e-mail immediately after the submission. With this e-mail the contract is concluded.
2.2 Should our order confirmation contain typing errors or misprints or should our pricing be based on technical transmission errors, we have the right to declare the contract void. Whereby we are obligated to provide proof of our error. Payments that have already been made under these circumstances will be reimbursed immediately.
2.3 The statutory warranty legislation applies.
2.4 We reserve the right to refuse an offer on your part, without indicating any reason. Particularly if we have any reason to suspect that the merchandise purchased via our website is to be sold commercially to third parties.
2.5 We do not sell any products to underage persons, as long as the product was not ordered by the legal representative.
2.6 Your use of Verisana's Services (excluding any services provided by Verisana under a separate agreement) is subject to the terms of the legal agreement between you and Verisana set forth in these Terms of Service ("TOS"). You may not use the Services if you do not accept the TOS. You can accept the TOS by (1) clicking to accept or agree to the TOS, where this option is made available to you by Verisana for any Service; or by (2) actually using the Services. In this case, you acknowledge and agree that Verisana will treat your use of the Services as acceptance of the TOS from that point onwards. In addition, when using particular Verisana Services, you shall be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
§ 3 Storage of the contract
We store the order details needed for the processing of the order. If you should wish for a printout of your order it is possible to print the order confirmation. The according link appears after sending the order to us using the “complete order” button. Furthermore, you will automatically receive an order confirmation with all the stated data per e-mail, which can also be printed.
§ 4 Delivery and dispatch
4.1 We process orders on a daily basis (apart from weekends and public holidays) and dispatch threm through our fulfillment partner Amazon Inc., 410 Terry Ave. N Seattle, WA 98109 (Multi Channel Fulfillment).
4.2 We reserve the right to withdraw from the contract should the delivery of the product fail after three attempts. Under the circumstances, payments that have already been made will be refunded immediately.
4.3 Should the ordered product not be available because our delivery contractors cannot re-deliver this product without it being at our own liability, then we can withdraw from the contract. Under these circumstances, you will of course be informed from us immediately, and if possible, offered the delivery of a similar product. If there is no existing alternative or if you do not wish for a similar product, we may reimburse any type of payment already provided by the customer. In the case that not all of the products ordered are available, then we have the right to make partial shipments at our costs, provided that this is reasonable for the customer. Shipping costs are only charged once if an order is delivered in several parts.
4.4 Deliveries are only possible to delivery addresses in the United States (excluding Puerto Rico). Standard delivery is made free-of-charge.
§ 5 Payment and deferred payment
5.1 All prices indicated on our website are represented in US dollar, including VAT.
5.2 Please note that at the time of the visit to the website from the customer, the products presented on www.verisana.com may not be available or no longer obtainable and respective prices may have changed.
5.3 You can pay for your purchase via Paypal or credit card. All payments, including credits for deliveries to all countries where delivery is possible, are invoiced in USD.
5.4 If your payments are overdue, during the delay we will charge you 5% more interest than the basic interest on the purchase price. We reserve the right to prove higher damages and to enforce them.
5.5 The right to offset is only attainable when the counterclaims are deemed legally valid or undisputed, or if they are acknowledged by us in written form.
5.6 A right to retain and a right to refuse services on the customers side are excluded from commercial commerce.
5.7 Until the full payment has been made, the products and services remain the property of Verisana.
§ 6 Transport damage
6.1 Should products which are delivered to you be obviously damaged, please file a complaint for such mistakes and contact us as soon as possible under firstname.lastname@example.org.
6.2 Failure to file a complaint or to contact us does not have any influence on your statutory warranty rights. You will, however, help us file our own claims against the carrier or transport insurance company.
§7 Risks and Considerations Regarding Verisana's Services
7.1 Once you obtain your Health Information, the knowledge is irrevocable. You should not assume that any information we may be able to provide to you, whether now or as scientific research advances, will be welcome or positive. You should also understand that as research advances, in order for you to assess the meaning of your results in the context of such advances, you may need to obtain further services from Verisana, your physician, a naturopath, or other health care provider.
We encourage you to talk to a physician or a health professional with special training in the area of your conditions, prior to collecting your sample for testing to learn more so you can make an informed decision about whether testing is right for you. A therapist also can help you understand your results and options.
7.2 The laboratory may not be able to process your sample, and the laboratory process may result in errors. The laboratory may not be able to process your sample, in particular, but not limited to, if the duration between sample collection and sample reception exceeds a period of 10 days. If the initial processing fails for any of these reasons, Verisana will contact you and send you another test kit at your own costs. If the user sends another sample and Verisana's attempts to process the second sample are unsuccessful, Verisana will not send additional sample collection kits and the user will be entitled solely and exclusively to a complete refund of the amount paid to Verisana, less shipping and handling, provided the user shall not resubmit another sample through a future purchase of the service. If the user breaches this policy agreement and resubmits another sample through a future purchase of the service and processing is not successful, Verisana will not offer to reprocess the sample or provide the user a refund. Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect (referred to as "Errors"). As this possibility is known in advance, users are not entitled to refunds where these Errors occur.
7.3 You should not change your health behaviors solely on the basis of information from Verisana. Make sure to discuss your Health Information with a physician or other health care provider before you act upon the Health Information resulting from Verisana Services.If you have concerns or questions about what you learn through Verisana, you should contact your physician or other health care provider.
7.4 Hormonal and colorectal research is not comprehensive. While we measure many thousands of data points from your saliva and stool, only a small percentage of them are known to be related to human traits or health conditions. The research community is rapidly learning more about health, and an important mission of Verisana is to conduct and contribute to this research. Future scientific research may change the interpretation of your test results. In the future, the scientific community may show previous research to be incomplete or inaccurate.
7.5 Health Information you share with others could be used against your interests. You should be careful about sharing your Health Information with others. Furthermore, Health Information that you choose to share with your physician or other health care provider may become part of your medical record and through that route be accessible to other health care providers and/or insurance companies in the future. Health Information that you share with family, friends or employers may be used against your interests. Even if you share Health Information that has no or limited meaning today, that information could have greater meaning in the future as new discoveries are made. If you are asked by an insurance company whether you have learned information about health conditions and you do not disclose this to them, this may be considered to be fraud.
7.6 Verisana Services are for research, informational, and educational use only. We do not provide medical advice or clinical laboratory testing. The Health Information provided by Verisana is for research, informational, and educational use only. Many of the health-related discoveries that we report have not been clinically validated, and the technology we use, which is the same technology used by the research community, to date has not been widely used for clinical testing. As a result of the current state of medical knowledge and understanding, our Services are for research, informational, and educational purposes only. The Services are not intended to be used by the customer for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health.
7.7 Verisana does not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our website. If we provide to you on our website any recommendations that identify for you potentially actionable information, this information is intended for informational purposes only and for discussion with your physician or other healthcare provider. As explained on our website, Verisana believes that (a) hormonal and gut health is only part of the picture of any individual's state of being, (b) the state of the understanding of alternative medicine is rapidly evolving and at any given time we only comprehend part of the picture of its role, and (c) only a trained physician or other health care provider can assess your current state of health or disease, taking into account many factors, including in some cases your hormones, gut health, as well as your current symptoms, if any. Reliance on any information provided by Verisana, Verisana employees, others appearing on our website at the invitation of Verisana, or other visitors to our website is solely at your own risk.
There are certain jurisdictions in which we do not offer our Services because we do not have required licenses.
§8 User Representations
By accessing Verisana Services, you agree to, acknowledge, and represent as follows:
a. You understand that information you learn from Verisana is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information. You understand that the Verisana services are intended for research, informational, and educational purposes only, and that while Verisana information might point to a diagnosis or to a possible treatment, it should always be confirmed and supplemented by additional medical and clinical testing and information under the supervision of a licensed medical provider. You acknowledge that Verisana urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your Health Information.
b. You give permission to Verisana, its contractors, successors and assignees to perform laboratory analyses on your collected sample and you specifically request Verisana to disclose the results of analyses performed on your samples to you and to others you specifically authorize.
c. You represent that you are eighteen (18) years of age or older if you are providing a sample or accessing your Health Information.
d. You are guaranteeing that any sample you provide is yours; if you are agreeing to these TOS on behalf of a person for whom you have legal authorization, you are confirming that the sample provided will be the sample of that person.
e. If you are a customer outside the U.S. providing a sample, you confirm that this act is not subject to any export ban or restriction in the country in which you reside.
f. You agree that any sample you provide and all resulting data may be transferred and/or processed outside the country in which you reside.
g. You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
h. You are aware that some of the information you receive may provoke strong emotion.
i. You take responsibility for all possible consequences resulting from your sharing with others access to your Health Information and your Self-Reported Information on the customer data sheet included in Verisana's test kits.
j. You understand that all your Personal Information will be stored in Verisana databases and will be processed in accordance with the Verisana Privacy Statement.
k. Waiver of Property Rights: You understand that by providing any sample, having your Health Information processed, accessing your Health Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by Verisana or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Health Information or Self-Reported Information.
You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations Verisana has the right to suspend or terminate your account/order and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Verisana and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
§9 Material Provided to Verisana - Your Proprietary Rights
Health and/or Self-Reported Information. Disclosure of individual-level Health and/or Self-Reported Information to third parties will not occur without explicit consent, unless required by law. Note that Verisana cannot control any further distribution of Health and/or Self-Reported Information that you share publicly on the Verisana website. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that Verisana has no obligation to do so on your behalf.
§10 Customer Conduct - Unlawful and Prohibited Use
As a condition of your use of the Services, you warrant to Verisana that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. You may not use the Services outside of the country to which your sample collection kit was shipped from Verisana. Furthermore you agree not to use the Services to: (1) upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status; (2) impersonate any person or entity, including, but not limited to, anyone affiliated with Verisana, or falsely state or otherwise misrepresent your affiliation with a person or entity; (3) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (4) "stalk" or otherwise harass another; (5) upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (6) use any information received through the Services to attempt to identify other customers, to contact other customers (other than through features for contacting other users such as DNA Relatives offered pursuant to the Services), or for any forensic use; (7) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner; (8) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of Verisana or any other party; (9) harm minors in any way; (10) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (11) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law; (12) upload, post, email, or otherwise transmit any material that 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; (13) use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the site, unless explicitly permitted by Verisana; (14) engage in "framing," "mirroring," or otherwise simulating the appearance or function of Verisana's website; (15) attempt to or actually override any security component of Verisana web services; (16) 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; (17) violate these Terms of Service, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with Verisana; or (18) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
You acknowledge and agree that you are solely responsible for (and that Verisana has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which Verisana may suffer) of any such breach. In case of breach of any one of these agreements Verisana has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Verisana and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
If you violate the terms of this Section and/or Verisana has a reasonable ground to suspect that you have violated the terms of this Section, Verisana has the right to suspend or terminate your account/cancel your order and refuse any and all current or future use of the Service (or any portion thereof).
§11 Export Control and Applicable Laws and Regulations
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree 1) that providing your sample is not subject to any export ban or restriction in the country in which you reside, 2) that your sample and data may be transferred and/or processed outside the country in which you reside, and 3) that you will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which you access Verisana's Services online.
§ 12 Right to withdraw from services
12.1 Customers have a fourteen day long withdrawal right.
You can withdraw from the contract within 14 days in text form (e.g. letter, fax, e-mail) without stating any reasons. The time limit shall commence following receipt of this notification in text form, but not prior to conclusion of the contract and also not before the fulfillment of the obligation to inform. The timely dispatch of the withdrawal is sufficient for compliance with the withdrawal period. The withdrawal is to be directed to email@example.com.
Consequences of withdrawal
In the case of an effective withdrawal the mutually received payments must be refunded, and uses made thereof (e.g. interest) must be disbursed. In case you are unable to reimburse us, partially or only in bad condition for the services received (e.g advantages of use), you are required to offer a compensation of equal value. This can lead to you having to fulfill your contractual payment obligations for the period until the withdrawal was made. Obligations to reimburse payments must be met within 30 days. This time period begins for you with the posting of your withdrawal, for us with the reception of it.
- End of withdrawal rights -
Your right of withdrawal will expire prematurely if the contract has been completely fulfilled, before you applied your right of withdrawal.
12. 2 The right of withdrawal is not valid for distance selling contracts
regarding the provision of betting and lottery services, unless the customer gave a contractual statement over the telephone.
that involve the delivery of products or the provision of financial services, of which the prices are subject to fluctuations on the financial market, over which the company has no influence, and which can occur during the withdrawal period; in particular services associated with shares or loan certificates that are issued by an investment company or foreign investment company, and other marketable securities, currencies, derivatives or money market instruments or
regarding the provision of telecommunication-based services, at the request of the consumer, directly per telephone or telefax, with a single call or fax, provided it does not concern financial services.
§ 13 Indemnity
If you have submitted a sample or otherwise provided your own Health Information, you will defend and hold harmless Verisana, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from analyzing your sample or health information, which is disclosed to you consistent with our Privacy Statement or results from any third-party add-ons to tools we provide. In addition, if you choose to provide your Health and/or Self-Reported Information to third parties - whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes - you agree to defend and hold harmless Verisana, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your Health and/or Self-Reported Information.
§ 14 General Practices Regarding Use and Storage
You acknowledge that Verisana may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that Personal Information and Services content will be retained by the Service, the maximum disk space that will be allotted on Verisana's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge and agree that Verisana has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services; or for the loss of Health Information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that Verisana reserves the right to change these general practices and limits in its sole discretion.
§ 15 Modifications to Service
Verisana reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that (i) modifications may result in a delay in computations for some of the Verisana features or Services, and (ii) Verisana shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
The Software that you use may from time to time automatically download and install updates from Verisana. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit Verisana to deliver these to you) as part of your use of the Services.
You acknowledge that Verisana may offer different or additional technologies or features to collect and/or interpret Health Information in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your Health Information without fee, and that you will have to pay additional fees in order to have your Health Information collected, processed, and/or interpreted using any future or additional technologies or features.
§ 16 Termination
The TOS will continue to apply until terminated by either you or Verisana as set out in this Section.
If you want to terminate your legal agreement with Verisana, you may do so by notifying Verisana at any time in writing, which will entail closing your accounts for all of the Services that you use. Your notice should be sent, in writing, to Verisana's address, which is set out at the beginning of the TOS, or online via firstname.lastname@example.org. If you provide notice online, Verisana will send you an email asking you to confirm your request, and your notice will be effective following receipt of a second email confirmation from you.
Verisana may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the TOS (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the TOS); (2) Verisana is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom Verisana offered the Services to you has terminated its relationship with Verisana or ceased to offer the Services to you; (4) Verisana is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by Verisana is, in Verisana's opinion, no longer commercially viable.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that Verisana shall not be liable to you or any third party for any termination of your access to the Services.
§ 17 Survival of Terms
When the TOS come to an end, all of the legal rights, obligations, and liabilities that you and Verisana have benefited from, been subject to (or which have accrued over time while the TOS have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of sections "Defintions"; § 2 Conclusion of contract & Acceptance of Terms; §7 Risks and Considerations Regarding Verisana's Services; §8 User Representations; §9 Material Provided to Verisana - Your Proprietary Rights; §10 Customer Conduct - Unlawful and Prohibited Use; §11 Export Control and Applicable Laws and Regulations; § 13 Indemnity; § 16 Termination; § 17 Survival of Terms; § 18 Dealings with Information Providers and Listed Resources; § 19 Disclaimer of Warranties; § 20 Limitation of Liability; § 21 Patient declaration; § 23 Violation or Suspected Violation of Terms of Service; § 24 Applicable law; and § 25 Miscellaneous shall continue to apply to such rights, obligations, and liabilities indefinitely.
§ 18 Dealings with Information Providers and Listed Resources
Your correspondence or business dealings with-or participation in promotions of-information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that Verisana shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.
§ 19 Disclaimer of Warranties
STATEMENTS MADE THE SERVICE HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION, AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. THE INFORMATION ON THE VERISANA SERVICES IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND WITH THE UNDERSTANDING THAT VERISANA IS NOT ENGAGED IN RENDERING MEDICAL ADVICE OR RECOMMENDATIONS. YOU SHOULD NOT RELY ON ANY INFORMATION FROM THE SERVICES TO DIAGNOSE OR TREAT A HEALTH PROBLEM OR CONDITION, OR REPLACE CONSULTATIONS WITH QUALIFIED HEALTH CARE PROFESSIONALS TO MEET YOUR INDIVIDUAL NEEDS. ALWAYS CHECK WITH YOUR DOCTOR BEFORE CHANGING YOUR DIET, ALTERING YOUR SLEEP HABITS, TAKING SUPPLEMENTS, STARTING A NEW FITNESS ROUTINE, OR FOR ANSWERS TO YOUR PERSONAL MEDICAL QUESTIONS.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Verisana EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) Verisana MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) 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 SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Verisana OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. Verisana DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, Verisana SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
§ 20 Limitation of Liability
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Verisana SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Verisana HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (h) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (i) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (j) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (k) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (l) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (m) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL VERISANA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO VERISANA HEREUNDER OR $100.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VERISANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
We would like to point out that scientific and medical information stated on our website may be incomplete. Through scientific research as well as its development, medical knowledge is constantly evolving. Our authors and experts take great care in presenting the scientific and medical information in a correct and easy to understand form.
The information on our info page regarding products, therapies as well as treatment methods, does not represent a recommendation for their purchase or use. The information should by no means be seen as a substitute for professional or treatment by licensed physicians. You should under no circumstances begin, change or end any treatment independently, or use the information from Verisana to make self-diagnoses. Verisana can by no means be made responsible – neither direct nor indirect – for damage or inconveniences that result from the use or misuse of the presented information.
The results of your test as well as the evaluation do not represent a personal diagnosis. They contain your data according to the general effects of hormones and the disorders associated with them. For a personal diagnosis we therefore recommend discussing the delivered results with your doctor and to use the results as a first hint rather than interpreting of a diagnosis!
§ 21 Patient declaration
By clicking the button "send order" the patient declares that he/she agrees to the implementation of the test kits in the shopping basket or the respective examination. The services offered by Verisana are benefit services which do not necessarily belong to medical care. Please note that the examinations are not always approved by the private health insurance companies, so take care to inform yourself beforehand whether the services are reimbursed. The implementation of the chosen tests is carried out by Verisana or by contracted partners of Verisana.
§ 22 Changes to the Terms of Service
Verisana may make changes to the TOS from time to time. When these changes are made, Verisana will make a new copy of the TOS available on its website and any new additional terms will be made available to you from within, or through, the affected Services.
You acknowledge and agree that if you use the Services after the date on which the TOS have changed, Verisana will treat your use as acceptance of the updated TOS.
§ 23 Violation or Suspected Violation of Terms of Service
If you violate the terms of these TOS and/or Verisana has a reasonable ground to suspect that you have violated the terms of these TOS, Verisana has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
§ 24 Applicable law
Applicable law and arbitration: Except for any disputes relating to intellectual property rights, obligations, or any infringement claims, any disputes with Verisana arising out of or relating to the Agreement ("Disputes") shall be governed by the laws of the Federal Republic of Germany ("Germany") regardless of your country of origin or where you access Verisana, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the German Institution for Arbitration ("Deutsche Institution für Schiedsgerichtsbarkeit"), in German, with a written decision stating legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration costs and reasonable documented attorneys' costs of both parties to be borne by the party that ultimately loses. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
BY ENTERING INTO THESE TERMS, YOU AND Verisana ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
§ 25 Miscellaneous
a. Entire Agreement: The TOS constitute the entire agreement between you and Verisana and govern your use of the Services, superseding any prior agreements between you and Verisana on this subject. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software
b. Waiver: The failure of Verisana to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS remain in full force and effect.
c. Term for cause of action: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
d. Admissibility of printed version: A printed version of this agreement and of any notice given in electronic form shall 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.
e. Section titles: The section titles in the TOS are for convenience only and have no legal or contractual effect.
f. Severability Clause: If any portion of these TOS is found to be unenforceable, the remaining portion will remain in full force and effect. The relevant statutory provisions will apply in place of any invalid term.
g. Amendments: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.Verisana.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 16 (Termination).
h. Assignment: You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Verisana for any third party that assumes our rights and obligations under this Agreement.
i. Address: If the Customer is a trader, does not have a domestic place of jurisdiction, as well as for those who have moved their place of residence or usual abode to a foreign country, or whose place of residence is not known at the time that the suit is filed, the place of jurisdiction for all disputes arising from contracts shall be registered office of our company.
j. Graphics/Photos: The products offered on verisana.com are presented on the website as stylised pictures of the real existing products. Minor deviations of the photographs from the reality do not constitute a defect of the ordered merchandise.