These Terms may be modified at any time. You can view the most recent version of these Terms at any time at https://specialpathogenstechnology.com/terms-of-use/. Your continued use of the Materials shall be deemed acceptance of any new or different Terms.
1. LICENSE GRANT. Special Pathogens Technology hereby grants to you a non-exclusive and non-transferable license to use the Materials and any related documentation including reports generated using the Materials (the “Documentation”) solely for its intended purpose during the applicable Subscription Term for the Materials as described below, according to the provisions contained in these Terms and subject to payment of applicable fees. You shall not: (a) lease, rent, distribute or sublicense the Materials or Documentation; (b) use the Materials in a time-sharing arrangement or in any other unauthorized manner; (c) modify, translate, reverse engineer, decompile, disassemble, or create derivative works of the Materials or Documentation or assist someone in doing so; (d) transfer or assign the Materials, Documentation, and/or these Terms to another party without the prior written consent of Special Pathogens Technology; or (e) import or export the Materials or any Documentation in violation of any applicable laws or regulations of the United States or the country to which you have imported or exported. No license is granted to you in the human readable code of any software (source code). You agree to comply with all applicable laws regarding your use of the Materials and Documentation. You further agree that information provided by you is truthful and accurate to the best of your knowledge and will not infringe the intellectual property or other proprietary rights of a third party.
2. SUBSCRIPTION TERM. The initial Subscription Term shall be for a period of one (1) year. The Subscription Term will automatically renew for additional, successive one (1) year Subscription Terms unless either party provides the other with written notice of their intent not to renew these Terms no later than thirty (30) days prior to the end of the current Subscription Term. Your data will not be accessible after termination of your subscription. Special Pathogens Technology will not, and has no obligation to, retain any of your data after termination. It is your responsibility to ensure that you export a copy of your data as a PDF prior to termination.
3. OWNERSHIP. You agree that Special Pathogens Technology owns and holds all right, title, and interest in and to the Materials and any Documentation and all enhancements, modifications, improvements, and copies thereof regardless of the form or media. Special Pathogens Technology shall also retain all right, title, and interest in and to all patents, copyrights, trade secrets, trademarks, or any other rights in the Materials and Documentation. Special Pathogens Technology shall own all recommendations, feedback, or other suggestions you provide to Special Pathogens Technology. You retain ownership of all data you generate, store, disclose, or transmit while using the Materials and hereby grant to Special Pathogens Technology a non-exclusive, perpetual license to use your data solely for Special Pathogens Technology’s own business purposes and to improve or enhance the Materials or other Special Pathogens Technology products or services.
A. Information We Collect. In the course providing the Materials, Special Pathogens Technology may collect and/or receive the following types of information (collectively, the “Information”). You authorize us to collect and/or receive such Information.
Personal Information. When you create an account or contact Special Pathogens Technology for information or support, you will be required to provide Special Pathogens Technology with certain personal information about yourself which may include, but is not limited to, your name, e-mail address, physical address, phone number, and other similar types of information.
Other Information. Special Pathogens Technology may automatically collect or receive additional information regarding you and your use of the Materials such as software or web portals including but not limited to information about your computer and mobile devices used to access the Materials such as IP addresses, browser type, referring and exit URLs, network type, carrier, and other information that you voluntarily provide (collectively, the “Other Information”). Special Pathogens Technology may use both cookies and other technologies to help us collect data and to enhance your experience with the Materials.
B. How Information is Used. You authorize Special Pathogens Technology to use your Information to: (a) provide and improve the Materials and other Special Pathogens Technology products and services; (b) solicit your feedback; (c) create an account for you for other related Special Pathogens Technology products or services; and (d) inform you about other Special Pathogens Technology and third party products and services. Special Pathogens Technology may also engage third-party companies and individuals to perform functions on Special Pathogens Technology’s behalf such as providing technical assistance, customer service, marketing assistance, and administration of Special Pathogens Technology products and services. These other companies and individuals will have access to the Information only as necessary to perform their functions and to the extent permitted by law. The Materials may analyze certain Information in anonymized and aggregate form to operate, maintain, manage, and improve the Materials and Special Pathogens Technology’s other products and services. Special Pathogens Technology may share and/or license this aggregate data to third parties.
C. How We Protect Your Information. Special Pathogens Technology takes commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. No security system is impenetrable. Special Pathogens Technology cannot guarantee the security of the Materials, Special Pathogens Technology networks, or the networks of third parties with which your Information may be shared.
5. THIRD PARTY PRODUCTS AND SERVICES. The Materials may incorporate or link to products and services provided by third-party vendors and may be governed by different terms and policies of that third party vendor. Special Pathogens Technology makes no representations and warranties with respect to these third party vendors and shall have no liability in connection with your use of their products or services. You should carefully review the terms and policies of any third party vendor.
6. GOVERNING LAW. The laws of the Commonwealth of Pennsylvania shall govern the construction of these Terms and you agree to be subject to personal jurisdiction in the Commonwealth of Pennsylvania for the purposes of enforcing the provisions of these Terms or in the event of any dispute between you and Special Pathogens Technology.
7. DISCLAIMER OF WARRANTIES. THE MATERIALS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THE MATERIALS IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE, LAW, SPECIAL PATHOGENS TECHNOLOGY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIAL PATHOGENS TECHNOLOGY DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED IN THE MATERIALS OR ANY OTHER SERVICE PROVIDED BY SPECIAL PATHOGENS TECHNOLOGY WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS OR THE ASSOCIATED SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPECIAL PATHOGENS TECHNOLOGY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY MATERIALS, SERVICE, OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE THAT THE MATERIALS MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SPECIAL PATHOGENS TECHNOLOGY MAY MAKE CHANGES OR IMPROVEMENTS TO THE MATERIALS AT ANY TIME. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE MATERIALS SHALL BE TO DISCONTINUE USING THE MATERIALS.
8. LIMIT OF LIABILITY. UNDER NO CIRCUMSTANCES WILL SPECIAL PATHOGENS TECHNOLOGY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE MATERIALS, YOUR USE OF THE MATERIALS, OR ANY CONTENT CONTAINED THEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE MATERIALS AND/OR ITS CONTENT IS TO CEASE ALL USE OF THE MATERIALS AND/OR ITS CONTENT.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MATERIALS, ANY SERVICE PROVIDED BY SPECIAL PATHOGENS TECHNOLOGY, OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
9. INDEMNIFICATION. You agree to indemnify, defend and hold Special Pathogens Technology and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your breach of this Agreement or your use of the Materials or Documentation.
10. MISCELLANEOUS. In the event any provision of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired. These Terms reflect the complete and exclusive agreement between you and Special Pathogens Technology related to the Materials. These Terms may only be modified by a written agreement signed by both you and Special Pathogens Technology. Special Pathogens Technology shall not be liable for any failure or delay in the performance of its obligations if such failure or delay is due to causes beyond its control, in which event Special Pathogens Technology shall be excused from its obligations for the period of the delay and for a reasonable time thereafter. Nothing contained in these Terms shall be construed to create any partnership, joint venture, employee, agent, or other relationship between the parties and the parties shall at all times remain independent contractors.
11. CONTACT INFORMATION. If you have any questions regarding these Terms, please firstname.lastname@example.org