Welcome to VICTO Web!
Please read the following Terms of Service (“ToS”) which will from now on regulate the relationship between you
(“You/User”) and Sphynx, a wholly owned Promedon company (“Promedon”) regarding the use of this Website.
Once you access, browse or use the Website, you acknowledge, and Promedon considers that you have read, understood,
and agreed to be bound by the following ToS.
1. Physician’s oriented
This Website is Physician’s oriented, therefore it was developed to inform about VICTO, its characteristics, uses,
performances; to provide training and commercial resources, among others. So, if You are not a Physician, this Website’s
content is inadequate for You and surely will not satisfy your needs and interests.
2. No registration required
You, as a Physician, can freely visit and review all the features of VICTO and their related materials.
3. Modification of the ToS
Promedon reserves the right, at its discretion, to change, modify, add, or remove sections of these ToS at any time. Once
a material change to these ToS is introduced, Promedon will make reasonable efforts to notify You by posting a notice on
the Website. Such amendment to the ToS will be effective against You after a 30-day period of being posted on the
Website. Promedon believes that there will be no dispute, but if there is, it will be resolved based on the ToS in place at
the time the dispute arose.
4. Promedon Proprietary Rights
This Website is owned and operated by Promedon; so the visual interfaces, graphics, design, compilation, information,
computer code (including source code or object code), software, services, content, educational videos and exercises, and
all other elements of the Website (“Website Materials”) are the property of Promedon, and therefore, protected by
Argentinean and international copyright, patent, and trademark laws, international conventions, and other applicable
laws governing intellectual property and proprietary rights. Promedon reserves all rights therein and thereto not
expressly granted by these ToS, except for any User Content provided and owned by Users.
Promedon grants to Users a non-exclusive, non-transferable right to access and use the Website Materials as Promedon
exclusively decided to make them available on the Website solely for your personal and professional purposes. Therefore,
You cannot use, distribute or otherwise exploit for any commercial purpose, commercial advantage or private monetary
compensation the Website Materials, unless You are a Promedon’s commercial representative, or otherwise previously
expressly agreed in writing by Promedon.
5. Prohibited Conduct.
YOU AGREE NOT TO:
5.2 use the Website for any commercial use or purpose unless expressly permitted by Promedon in writing;
5.3 post, upload, or distribute any defamatory, libelous, unlawful, inaccurate, offensive, or otherwise inappropriate
User Content or other content;
5.4 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website
accounts of others without permission, or perform any other fraudulent activity;
5.5 use the Website for any illegal purpose, or in violation of any local, state, national, or international law, including,
without limitation, laws governing intellectual property and other proprietary rights, and data protection and
privacy;
5.6 defame, harass, abuse, threaten or defraud Users of the Website, or collect, or attempt to collect, personal
information about Users or third parties without their consent;
5.7 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, or
User Content, features that prevent or restrict use or copying of any content accessible through the Website, or
features that enforce limitations on the use of the Website or User Content;
5.8 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or
any part thereof;
5.9 modify, adapt, translate or create derivative works based upon the Website or any part thereof; or
5.10 intentionally interfere with or damage operation of the Website or any User’s enjoyment of it, by any means,
including without limitation by participation in any denial-of- service type attacks or by uploading or otherwise
disseminating viruses, adware, spyware, worms, or other malicious code.
6. Indemnification
You agree to indemnify, defend, and hold harmless Promedon, its affiliated companies, contractors, employees, agents
and its third-party suppliers, licensors, and partners (“Promedon Indemnitees”) from any claims, losses, damages,
liabilities, and expenses (including legal fees and expenses), arising out of any use or misuse of the Website, any violation
of the ToS, or any breach of the representations, warranties, and covenants made herein by You. Promedon reserves the
right, at your expense, to assume the exclusive defense and control of any matter for which You are required to
indemnify Promedon, and You agree to cooperate with Promedon’s defense of these claims. Promedon will use
reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
7. No Warranties
THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT, USER CONTENT, SERVICES, OR
APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS,” “AS
AVAILABLE,” AND “WITH ALL FAULTS” BASIS; MIGHT BE INTERRUPTED, WITH ERRORS, VIRUSES OR OTHER HARMFUL
COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, PROMEDON, AND ITS AFFILIATES AND LICENSORS, DISCLAIM ANY AND ALL
WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROMEDON OR THROUGH THE
WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
8. Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL PROMEDON OR ITS AFFILIATES,
CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING
WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST
BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR
DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF (OR INABILITY
TO USE) THE WEBSITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH PROMEDON, EVEN IF PROMEDON
OR A PROMEDON AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PROMEDON’S LIABILITY
WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL PROMEDON’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY
PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH OTHER
WEBSITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING
THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
9. Acknowledgement
YOU ACKNOWLEDGE AND AGREE THAT PROMEDON HAS OFFERED THE WEBSITE AND ENTERED INTO THE TERMS IN
RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND
THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN
YOU AND PROMEDON, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN
ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PROMEDON. PROMEDON WOULD NOT BE ABLE TO PROVIDE THE
WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
10. Miscellaneous
13.1 Waiver
The failure of Promedon to exercise or enforce any right or provision of these ToS will not constitute a waiver of such
right or provision. Any waiver of any provision of these ToS will be effective only if in writing and signed by Promedon’s
representative.
13.2 Governing Law
These ToS will be governed by and construed in accordance with the laws of the Republic of Argentina, without giving
effect to any principles of conflicts of law.
13.3 Dispute Resolution
All disputes between the Parties in connection with or arising out of the existence, validity, construction, performance
and expiration of these ToS (or any terms thereof), which the Parties are unable to resolve amicably between themselves,
shall be finally settled by arbitration. The arbitration shall be held in the Spanish language, in Córdoba, Republic of
Argentina in accordance with the Rules of Arbitration of the local Chamber of Commerce by one or more arbitrators
appointed in accordance with the said Rules. The arbitration decision shall be final and binding on the Parties.
13.4 Severability
If any provision of the ToS is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited
or eliminated from the ToS to the minimum extent necessary and will not affect the validity and enforceability of any
remaining provisions.
13.5 Assignment
These ToS and any rights and licenses granted hereunder, may not be transferred or assigned by You without Promedon’s
prior written consent, but may be assigned by Promedon without consent or any restriction. Any assignment attempted
to be made in violation of these ToS shall be null and void.
13.6 Disclosures
The Website is hosted in Rackspace and the services provided hereunder are offered by Promedon, with domicile at: Av.
Manuel Savio s/n – Parque Industrial Ferreyra – City of Córdoba, province of Córdoba, Republic of Argentina.
Should you have any concern, please do not hesitate to contact Promedon at: marketing@promedon.com
