Terms & Conditions
These Terms of Service (the “Terms”) are a legally binding contract between the user (“you”) and DORSATA. Dorsata provides the SITE to you subject to these Terms, which may be updated by Dorsata from time to time without prior notice. You can review the most current version of the Terms at any time at [http://www.dorsata.com/COVIDTERMS]. These Terms govern your ACCESS TO AND use of the SITE.
BY CLICKING “I ACCEPT”, OR BY ACCESSING AND USING THE SITE OR ANY RESOURCES THEREON IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SERVICES.
PLEASE NOTE THAT THE CONTENT AND INFORMATION PRESENTED ON THE SITE IS PROVIDED BY THIRD PARTIES AND IS INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS MEDICAL ADVICE OF ANY KIND NOR IS IT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR MEDICAL CONDITION. THE CONTENT AND INFORMATION PRESENTED ON THE SITE SHOULD NOT BE CONSTRUED OR INTERPRETED IN ANY WAY AS AN ENDORSEMENT BY DORSATA OF ANY SUCH CONTENT OR INFORMATION AND/OR A REPLACEMENT OR SUBSTITUTE FOR MEDICAL ADVICE PROVIDED BY A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL.
1. Access to site
1.1. License. Subject to these Terms, Dorsata grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal or internal non-commercial business use. You may download and make copies of the content made available through the Site solely for your own personal or internal non-commercial business use.
1.2. Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
1.3. Modification. Dorsata reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Dorsata will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
1.4. No Support or Maintenance. You acknowledge and agree that Dorsata will have no obligation to provide you with any support or maintenance in connection with the Site.
1.5. Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by Dorsata or Dorsata’s licensors. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.1. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any content on the Site. Dorsata and its licensors reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
1.6. Feedback. If you provide Dorsata with any feedback or suggestions regarding the Site (“Feedback”), you hereby grant to Dorsata a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to copy, modify, reproduce, publicly display, perform, create derivative works of, or otherwise use and fully exploit such Feedback and related information in any manner Dorsata deems appropriate. Dorsata will treat any Feedback you provide to Dorsata as non-confidential and non-proprietary. You agree that you will not submit to Dorsata any information or ideas that you consider to be confidential or proprietary.
You agree to indemnify and hold Dorsata (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, including any Third-Party Content or any other content made available on the Site, (b) your violation of these Terms, or (c) your violation of applicable laws or regulations. Dorsata reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Dorsata. Dorsata will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
3. THIRD PARTY LINKS AND CONTENT
The Site may contain links (“Third-Party Links”) and/or access to third-party websites, services, and content (“Third-Party Content”). Such Third-Party Links are not under the control of Dorsata, and Dorsata is not responsible for any Third-Party Links or any Third-Party Content. Dorsata provides access to such Third-Party Links and Third-Party Content only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links and/or Third-Party Content. You use all Third-Party Links and Third-Party Content at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such third party.
THE SITE AND ALL CONTENT MADE AVAILABLE ON THE SITE (INCLUDING THIRD-PARTY CONTENT) ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND DORSATA (AND OUR LICENSORS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR LICENSORS) MAKE NO WARRANTY THAT THE SITE OR ANY CONTENT (INCLUDING THIRD-PARTY CONTENT) WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, COMPLETE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DORSATA (OR OUR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF DORSATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID, IF ANY, FOR ACCESSING THE SITE, AND (B) FIFTY DOLLARS ($50.00). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
6. TERM AND TERMINATION
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate these terms or your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Site will terminate immediately. Dorsata will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1.2-1.5, 2 –7.
7.1. Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may, but our not obligated, to notify you by prominently posting notice of the changes on our Site. Any changes to these Terms will be effective immediately upon posting. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
7.2. Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Dorsata, or any products utilizing such data, in violation of the United States export laws or regulations.
7.3. Electronic Communications. The communications between you and Dorsata use electronic means, whether you use the Site or send us emails, or whether Dorsata posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Dorsata in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Dorsata provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
7.4. Entire Terms. These Terms constitute the entire agreement between you and us regarding the access and use of this Site only. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Dorsata is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Dorsata’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Dorsata may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
7.5. Release. You hereby release Dorsata (and its officers, employees, and agents) and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Site, including but not limited to, any interactions with third-party websites of any kind arising in connection with or as a result of the your use of the Site. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by the Dorsata fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site.
7.6. Governing Law. The terms and any action related thereto will be governed and interpreted by and under the laws of the state of Delaware, consistent with the federal arbitration act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations convention on contracts for the international sale of goods does not apply to the agreement.
7.7. Severability. If any provision of these Terms and Conditions of Use is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions of Use shall remain in full force and effect. Any provision of these Terms and Conditions of Use held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms and Conditions of Use with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision.
7.8. Compliance with Applicable Laws. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction. The Dorsata makes no claims concerning whether the content on this website may be downloaded, viewed, or be appropriate for use outside of the United States.
7.9. Copyright/Trademark Information. DORSATA and all related graphics, trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
7.10. Contact Information:
3100 Clarendon Boulevard, Suite 200
Arlington, VA 22201