These Terms of Service (“Terms”) apply to your access to and use of the [websites, mobile applications, and other online products and services] (collectively, our “Services”) provided by Sensopore, Inc. (”Sensopore” or “company” or “we” or “us”).
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms in their entirety, do not use our Services. We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email or providing a banner on the home page of the Services announcing such changes and providing a link to the updated Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services. If you have any questions about these Terms or our Services, please contact us at info@sensopore.com.
For information about how we collect, use, share, or otherwise process information about you, please see our Privacy Policy.
By using our Services, you represent and warrant that you have the legal right and ability to enter into this agreement in accordance with these Terms. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you representthat you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
You may not use the Services if you are located in, or a citizen or resident of, any country, territory, or other jurisdiction that is embargoed by the United States orwhere your use of the Services would be illegal or otherwise violate anyapplicable law. You represent and warrant that you are not a citizen orresident of any such jurisdiction and that you will not use any Services while located in any such jurisdiction. You also may not use the Services if you arelocated in, or a citizen or resident of, any other jurisdiction where we havedetermined, at our discretion, to prohibit use of the Services. We may implement controls to restrict access to the Services from any such jurisdiction. You will comply with this paragraph even if our methods to preventuse of the Services are not effective or can be bypassed.
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit othersto use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
Our Services may allow you and other users to create, post, store, and share content, including messages, comments, pages, stories, text, photos, graphics, videos, works of authorship, software, music, sound, links, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in your User Content, as between you and us.
Definition and Ownership
Our Services may allow you and other users to create, post, store, and share content, including messages, comments, pages, stories, text, photos, graphics, videos, works of authorship, software, music, sound, links, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in your User Content, as between you and us.
License
You grant us and our subsidiaries and affiliates a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content and any name, username, or likeness embodied in or provided in connection with your User Content, in all media formats and channels now known or later developed, without compensation to you. Depending on your account settings, when you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others.
Your Obligations
You may not create, post, store, or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit, or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice. To learn more about parental-control protections (such as computer hardware, software, or filtering services) that may assist you in limiting a minor’s access to certain content, visit https://www.fbi.gov/how-we-can-help-you/parents-and-caregivers-protecting-your-kids
Waiver of Responsibility and Liability
We take no responsibility and assume no liability for any User Content posted, stored, uploaded, accessed, or downloaded by you or any third party, or for any loss or damage thereto, incomplete or inaccurate User Content, or for any user conduct, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. Enforcement of the User Content or conduct rules set forth in these Terms is solely at our discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that our Services will not contain any content that is prohibited by such rules. As a provider of interactive services, we are not liable for any statements, representations, or User Content provided by our users in any public forum or other area. Although we have no obligation to screen, edit, or monitor any User Content, we reserve the right, and have absolute discretion, to remove, screen, or edit any User Content posted or stored on our Services at any time and for any reason without notice.
You will not violate any applicable law, contract, intellectual-property right, or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. In addition, you will not:
You may only post or otherwise share User Content that is non-confidential and that you have all necessary rights to disclose. You may not create, post, store, or share any User Content that:
Enforcement of this Section 5 is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 5 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
Our Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, are owned by us or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to our Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of our Services other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited, will terminate this license, and violate our intellectual-property rights.
“Sensopore”, “Sensopore, Inc.”, “Sensopore Diagnostics”, and our logos, product or service names, slogans, and the look and feel of our Services are trademarks of Sensopore and may not be copied, imitated, or used, in whole or in part, without our prior written permission (except for nominative “fair use” as permitted by law). All other trademarks, registered trademarks, product names, and company names or logos mentioned on our Services are the property of 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 by us.
You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about us or our Services (collectively, “Feedback”). For clarity, Feedback does not constitute User Content. You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in our sole discretion. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in the Feedback. You understand that we may treat Feedback as non-confidential.
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual-property rights of others.Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to us for certain costs and damages. Note also that certain types of uses of copyrighted material for purposes such as criticism, comment, news reporting, teaching, scholarship, or research may constitute “fair use” under the law and would be excused from infringement of a copyright.
We may provide information about third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through our Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. We do not control or endorse, and make no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that our Services are accurate, complete, reliable, current, or error-free. While we attempt to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of our Services.
To the fullest extent permitted by applicable law, we and our affiliates, directors, officers, employees, agents, and licensors (the “Parties”) will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if we or the other Parties have been advised of the possibility of such damages.
The total liability of us and the other Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to use our Services.
The limitations set forth in this Section 12 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of us or the other Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Except where prohibited by applicable law, by submitting User Content to us, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the User Content. You hereby release and discharge us and our agents, employees, and assigns, and anyone acting under their authorization, from any claims that use of any User Content as authorized herein violates any of your rights, including, without limitation, any rights of publicity or privacy and intellectual-property rights. You understand that you will not be entitled to any additional compensation for the permission and release granted herein or for the use of any User Content as authorized herein.
In order for us to provide our Services, you agree that we may process, transfer, and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
Any dispute arising from these Terms and your use of our Services will be governed by and construed and enforced in accordance with the laws of the State of Massachusetts, except to the extent preempted by U.S. federal law, without regard to conflict-of-law rules or principles (whether of the State of Massachusetts or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that cannot be heard in small-claims court will be resolved in the state or federal courts of Massachusetts and the United States, repectively, sitting in Middlesex County, Massachusetts, and each party irrevocably submits to the exclusive jurisdiction of such courts.
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms, including any terms and conditions incorporated herein, constitute the entire agreement between you and Sensopore, Inc. relating to its subject matter and supersedes all other agreements or understandings, whether written or oral, between you and Sensopore relating to its subject matter. Notwithstanding any other provisions of these Terms, Sections 1, 3, 4, 6 (except for the license and rights granted), 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and this 18 survive any expiration or termination of these Terms.Our failure to exercise or enforce any right or provision of these Terms will 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. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. These Terms may not be transferred, assigned, or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment, or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate these Terms or our Services, in whole or in part, without your prior written consent.
