Terms of Service
Last updated: May 3, 2018
Welcome to the website of John Snow Lab Inc., a Delaware corporation (“John Snow Labs”, “we” or “us”). Your use of this website (hereinafter referred to as the “Website”) and the services made available on the Website (together, the “Services”) are subject to these Terms of Service (the “Terms”). By using any of our Services, you agree to be bound by, and use our Services in compliance with, these Terms. PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES, OBTAINING ANY MATERIALS, INFORMATION OR PRODUCTS THROUGH OUR SERVICES.
We may make changes to these Terms from time to time. When we do so, we will revise the “last updated” date given above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Services after such changes have been published to our Terms will constitute your acceptance of such revised Terms.
Our Services can be used by an individual, business or other legal entity, or both (hereinafter referred to as “user”, “you” and “your”). If you are entering into these Terms, or using the Website or Services, on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case “you” shall refer to such entity.
In the event you have entered into a separate written agreement with John Snow Labs regarding the Services that contemplates terms that are inconsistent with these Terms, the written agreement shall control and these Terms will not apply to you to the extent inconsistent with such written agreement, or, if such written agreement is contemplated to be in lieu of these Terms, then these Terms shall not apply at all.
Subject to the limitations set forth herein, John Snow Labs provides various Services available to visitors and users of the Website and Services as described on the Website. In particular and without limitation, the Website contains the following Services:
- various information and materials;
- healthcare data marketplace, enabling the users to find and purchase subscriptions to John Snow Labs’ datasets and John Snow Labs’ data packages (groups of related datasets);
- data science platform; and
- other services and features as added or amended by John snow Labs from time to time (jointly hereinafter referred to as the “Services”).
This Website is offered for your business purposes only, and not for personal, household, or consumer use.
On the Website users may access various healthcare data feeds with limited access to certain areas of the Website and limited use of datasets. You do not need to register an account on the Website to view the Website. However, in order to subscribe to datasets and access to certain limited areas of the Website you need to register an account on the Website.
Subject to these Terms, and your compliance with these Terms, John Snow Labs hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to access the information on the Website. Except for the foregoing license, you have no other rights in the Website or any datasets or platform and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Website, Services or datasets in any manner. If you breach any of these Terms, the above license will terminate automatically.
You may use, copy, and distribute the Services, including without limitation, the datasets, solely as permitted by the third-party licenses applicable to such Services. You understand that John Snow Labs may remove Services and any datasets, including without limitation derivatives of and/or results from using the datasets from the Service at any time if required by law or otherwise in its sole discretion.
Certain Services are available to registered users only. In order to create an account with us, you must provide us with true and valid information to complete the registration form on the Website. You must register as a legal entity, if you use our Services on behalf of the legal entity.
If you subscribe to paid Services, you agree to provide us with true and valid billing information. One person or legal entity may use only one free subscription and cannot share free subscription with any third party. If you use our paid Services for a team, then we may ask you to register separate logins for each user. The number of users has to comply with the number of subscriptions unless we explicitly authorize otherwise.
User understands and agrees to be responsible for maintaining the confidentiality of its account and password. You shall take reasonable measures in order to restrict any unauthorized activities with your account. If your account is accessed by unauthorized third party and/or your password is stolen, you shall immediately notify us of any such unauthorized use.
The information contained in the descriptions of datasets is given for information purpose only and does not constitute advice. John Snow Labs offers no endorsement that the information in datasets is accurate or complete.
The datasets may include content, information and images made available by John Snow Labs or third-party publishers distributing data through John Snow Labs and made available on the Website (collectively, “Datasets”). Certain Datasets may require you to enter into an agreement directly with the third-party provider of such Dataset. If you want to subscribe to a Dataset, you may need to agree to such third-party terms and privacy policies, which shall constitute a direct agreement between you and the third party. You acknowledge and agree that John Snow Labs will not be a party to such agreement and excludes any liability arising out of or relating to such an agreement.
All subscription fees are indicated on the Website. If you subscribe to any datasets offered on the Website, you agree to pay the relevant subscription fee plus any applicable taxes. Unless otherwise agreed, all payments are made in US dollars. Applicable taxes are calculated based on the billing information users provide us with at the purchase time.
All available payment methods are indicated on the Website. When subscribing to any Dataset offered on the Website, you authorize John Snow Labs and our third-party service provider (payment processing agent) to charge fees and taxes due. You authorize John Snow Labs and its third-party service provider to store your payment information. You also authorize John Snow Labs and its third-party service provider to charge applicable fees and taxes due for renewal of your subscription plan on the term depending on the plan you subscribed to (where applicable).
Your subscription is automatically renewed unless you cancel your subscription prior to applicable renewal date. You may cancel your subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period.
You are responsible for updating your payment method details.
If you fail to pay any amount due, John Snow Labs may terminate your subscription.
John Snow Labs may change subscription fees indicated on the Website at any time and for any reason. The new subscription fees will apply only to your next billing period of subscription and will not apply to your current billing period.
License to Use our Services
Subject to these Terms, we grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access to our Services, to view information and materials on the Website, and otherwise use the Services as permitted by applicable laws and under these Terms. This license is personal to you, and you may not resell our Services, permit other users to access to our Services through your account, or use the Services to host content for others. Your right to use our Services is limited by all terms and conditions set forth in these Terms.
Except for your pre-existing rights and this license granted to you, we and our licensors retain all rights, titles and interests in and to our Services, all related intellectual property rights, including trademarks (whether registered or pending), domain and business names. Our Services are protected by applicable intellectual property laws, including United States copyright law and international treaties.
Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services or its technological features or measures; (ii) rent, lease or sublicense access to any of our Services; (iii) circumvent or disable any security or technological features or measures of our Services; or (iv) use our intellectual property rights without our express prior written authorization.
Access to our Services
We do not provide you with the equipment to access our Services. You are responsible for all fees charged by third parties related to your access and use of our Services (e.g., charges by Internet service providers).
We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our Services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Services.
We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any material that you post or submit for posting, and to restrict, suspend, or terminate your access to our Services at any time, for any or no reason, with or without prior notice, and without liability.
You represent to John Snow Labs that you are an individual and at least 18 years of age (or legal age of your country of residence); or that you are a legal entity and you use and access the Services on behalf of the legal entity and you are authorized to enter into transactions on behalf of the legal entity.
You also certify that you are legally permitted to use the Services, and take full responsibility for the selection and use of the Services. These Terms are void where prohibited by law, and the right to use the Services is revoked in such jurisdictions. John Snow Labs makes no claim that the Services may be lawfully used outside of the United States. If you use the Services from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of jurisdiction.
You must comply with all applicable laws when using our Services. Except as may be expressly permitted by applicable law, or as John Snow Labs may authorize expressly in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on our Services (collectively, “Service Content”) or compile or collect any Service Content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use our Services or to store, copy, modify, distribute, or resell any Service Content; (iii) rent, lease, or sublicense your access to our Services to another person; (iv) circumvent or disable any rights management, usage rules, or other security features of our Services; (vi) use our Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Services; or (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Services or any Service Content.
Links and Third Party Content
Our Services may display, or contain links to, third party products, services, and websites. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties on our Services, or which is accessible through or may be located using our Services (collectively, “Third Party Content”) are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives.
We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised in any Third Party Content. By using our Services, you may be exposed to content that is offensive, indecent, or objectionable. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our Services.
You will not use our Services to: (i) upload, post, email, or otherwise transmit any submission that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm us or third parties in any way; (iii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iv) upload, post, email, or otherwise transmit any submission 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); (v) upload, post, email or otherwise transmit any submission that infringes any patent, trademark (whether registered or pending), trade secret, copyright, or other right of any party; (vi) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (vii) 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; (viii) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (ix) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (x) intentionally or unintentionally violate our intellectual property rights; (xi) “stalk” or otherwise harass another; or (xii) collect or store personal data about other users.
You are solely responsible for any content and other material that you submit, publish, transmit, or display on, through, or with our Services.
“John Snow Labs,” the John Snow Labs logo, and any other product, business or service name or slogan, whether registered or pending, displayed on our Services are trademarks of John Snow Labs, Inc. or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of John Snow Labs or the applicable trademark holder. You may not use any meta tags or any other “hidden text” utilizing “John Snow Labs” or any other name, trademark or product, business or service name of John Snow Labs without our prior written permission. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of John Snow Labs and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, pending trademarks, registered trademarks, product names and company names or logos mentioned in our Services are the property of John Snow Labs Inc. and/or their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
We may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Services (“Feedback”). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner and for any purpose, without any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.
Disclaimer of Warranties
YOUR USE OF THE SERVICES AND THE SERVICE CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES OR ANY SERVICE CONTENT, AND YOU RELY ON THE SERVICES AND SERVICE CONTENT AT YOUR OWN RISK. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability
WE AND OUR SUPPLIERS AND LICENSORS WILL 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICES AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES AND SERVICE CONTENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You will indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability caused by your use of the Services and Service Content, your violation of these Terms, or your violation of any rights of a third party through use of the Services or Service Content.
Enforcement of these Terms will be governed by the laws of the State of Delaware, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the Services or Service Content will lie in the state and federal courts located in Sussex County, within the State of Delaware, and you irrevocably agree to submit to the jurisdiction of such courts. Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.
If you have any questions or concerns about our Services or these Terms, you may contact us by email at support@JohnSnowLabs.com.