PreSERVE Terms of Service

Last updated: September 2024

Terms of Use

Welcome to the Digital Health Solution ('the App') Terms of Use. To look after your privacy and to keep the content useful, users must follow the rules in this Terms of Use Agreement ('Terms of Use') and our Privacy Notice. By using or accessing the App, you are deemed to have accepted these Terms of Use and understand the terms of our Privacy Notice.

Use of the Site

Your access to and use of the App and of any information contained within it is subject to the Terms of Use and our Privacy Notice. By accessing and using the App, you accept, without limitation or qualification, the Terms of Use. ZS Associates, Inc. ('we', 'us', 'our' or 'ZS') reserves the right to change the Terms of Use from time to time without notice, as we deem necessary. We encourage you to review the Terms of Use periodically to check you understand the latest version. Continued use of the App is deemed to be your acceptance of any changes to the Terms of Use and if you are not happy with our amended Terms of Use you should stop using the App. Children under the age of 18 are prohibited from creating an account and using the App. In registering an account, you are acknowledging that you are aged 18 or above.

Medical Advice

The App’s content, or any content on other sites linked to from the App, is not intended to serve as medical advice nor to serve a medical purpose, and therefore is never a substitute for professional medical advice. Therefore, you should always speak to a doctor or other health practitioner about your condition and/or treatment or changes to your condition and/or treatment. In an emergency dial your local or national emergency telephone number.  Never delay seeking advice or dialing emergency services because of something that you have read on the App.

Privacy Notice

If you use the App, it is likely that this will involve sharing information about your health experiences. It is important that you understand how our data sharing relationships work and what information is shared with our different partners and users. We have set out further information in our Privacy Notice which we encourage you to read. 

Acceptable Use

You may only use the App in accordance with these Terms of Use, our Privacy Notice, and, in any event, for lawful purposes in compliance with all applicable laws, regulations, and codes of practice in the United States. In particular, you agree not to access without authority, interfere with, damage, or disrupt:

any part of the App;
any equipment or network on which the App is stored;
any software used in the provision of the App; or
any equipment or network or software owned or used by any third party.

You may not obtain or attempt to obtain any materials or information from the App through any means not intentionally made available to you through the App.

Your contributions must:

be accurate (where they state facts);
be genuinely held (where they state opinions); and
comply with applicable law in the United States.

Contributions must not:

contain any material that is obscene, offensive, hateful, inflammatory, or defamatory of any person;
promote any discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
infringe any copyright, database right, trademark, or any other right of any other person;
be threatening, abusive, or invade another’s privacy, or cause annoyance, inconvenience, or needless anxiety;
be likely to harass, upset, embarrass, alarm, or annoy any other person;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
give the impression that they emanate from us if this is not the case; or
advocate, promote, or assist any unlawful act.

Registration

You will not be able to use the App properly unless you register with us. By registering and becoming an account holder, you agree that we may provide you with information about the App (whether by email or any other medium) that we consider appropriate in accordance with our Privacy Notice. You may opt-out of receiving these materials and notifications by contacting us using the contact information provided to you with your App documentation to inform us that you wish to be removed from the App. In order to register with us and become an account holder, you will be invited to provide your email. You are entirely responsible for maintaining the confidentiality of your account and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security by contacting us using the contact information provided to you with your App documentation or at dataprivacy@zs.com. We will not be liable for any loss or damage that you may incur as a result of someone else using your account, either with or without your knowledge. However, you could be held liable for loss or damage incurred by us or another party due to someone else using your account. You may not use anyone else’s account at any time, without the express permission of the account holder.

Failure to Comply with Terms and Conditions and Termination

You acknowledge and agree that your access to the App will terminate upon the Sponsor’s request, upon completion of the services, or upon ZS' discretion should ZS believe, in its sole discretion, that you have violated any of these Terms of Use. You agree to defend, indemnify, and hold ZS and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorney's fees, arising in any way from any violation of these Terms of Use by you or users of your account.

Third Parties and Third-Party Websites and Links

We also may provide links or references on the App to the websites of other companies, or other organizations whether affiliated with us or not. By clicking on these links and accessing these other websites, you will be leaving the App. Some of these links are added by users and we are not in a position to verify every link posted on the App. Where the App contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.  Similarly, the App may be accessed through third party links over which we have no control. We make no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites or resources and shall have no liability for any damages or injuries of any kind arising from such content or information.  Inclusion of any third-party link does not imply an endorsement or recommendation by ZS.

Feedback

ZS shall be free to use, for its own business purposes, any ideas, suggestions, concepts, know-how or techniques contained in information received from you that directly relate to the App or related services covered hereunder ('Feedback'). ZS shall be free to use, disclose, reproduce, license or otherwise distribute Feedback as it sees fit, without obligation or restriction of any kind on account of intellectual property rights or otherwise, provided that such Feedback shall not contain any specific or identifiable elements unique to Company or its operations.

Proprietary Rights

ZS is the sole owner and/or authorized user of (a) all trademarks, registered trademarks and/or service marks appearing on this App, (b) all photographs, images, audio, music, text, animations, and applets incorporated into this App, (c) the 'look and feel' of the App, and (d) all software contained on the App or otherwise provided to you in connection with your use of the App. ZS is also the copyright owner or licensee of the content and/or information on this App, including but not limited to any icons, designs and screens appearing at the App. If you make use of this App, except as otherwise provided in these Terms of Use, you may violate copyright and other laws of the United States or other countries, confidentiality agreements, as well as applicable state or jurisdictional laws, and may be subject to penalties. All unauthorized copying of the materials within the App is expressly prohibited. You shall not remove, obscure, or modify any copyright, trademark, trademark notice, or restrictive legend. ZS reserves the right to change any information on this App, including but not limited to revising and/or deleting features or other information without prior notice. The content presented at this App may vary depending upon your browser limitations.

Written Communication and Notices

When using the App, you accept that communication with us will be mainly in electronic format. We will contact you by email, SMS, or provide you with information by posting notices on the App. You agree to these electronic means of communications, and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. All notices given by you to us, including any complaints that you might have about the App, must be given to ZS by email to the contact information provided to you with your App enrollment documentation or to zslegal1@zs.com. We may give notice to you at either the email, telephone number or postal address you provide to us when you become an account holder, or in any of the ways specified in the above paragraph.

Content

The App is a technology platform. All views, opinions, and knowledge expressed on the site by account holders or visitors are the sole opinions of the account holders or visitors themselves and are likely to relate to their own specific circumstances which may be different to yours. The owners of the App make no warranties or representations of any kind as to the accuracy, currency, completeness, reliability, operability, or legality of information or opinions contained or expressed within the App. Commentary and other materials posted on the App are not intended to amount to advice on which reliance should be placed. We do not guarantee that the App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the App for business and operational reasons. You are also responsible for ensuring that all persons who access the App through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

Limitation of Liability and Disclaimers

By using this App, including any applets, software, and content contained therein, you agree that use of the App is entirely at your own risk. The App is provided 'as is,' without warranty of any kind, either express or implied, including without limitation, any warranty for information, data, services, uninterrupted access, or products provided through or in connection with the service. Specifically, ZS Associates disclaims any and all warranties, including, but not limited to: (1) any warranties concerning the uninterrupted use, availability, accuracy, usefulness, or content of information, software, products or services and (2) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. Except in the case of death or personal injury arising from negligence, this disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Neither ZS nor any of its employees, agents, successors, assigns, affiliates, or content or service providers shall be liable to you or other third party for any direct, indirect, incidental, special or consequential damages arising out of use of the App, inability to gain access to or use the App, or any breach of any warranty. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states or jurisdictions, the respective liability of ZS, its employees, agents, successors, assigns, direct or indirect affiliates, and content or service providers is limited to the greatest extent permitted by such state or jurisdictional law.

Miscellaneous

These terms and conditions and the agreement between you and us will be governed by the laws of the State of Illinois, without regard to conflicts or choice of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Illinois.  The failure of ZS to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 Terms of Use shall remain in full force and effect. 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 App under these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms of Use do not create a partnership, joint venture, agency, or franchise relationship between you and ZS.  These Terms of Use, and any applicable supplement, represent the entire agreement between ZS and you regarding the use of the App. 