Terms of Service

1. Introduction

LabUsers.com, Inc., a Delaware corporation (“LabUsers”), provides users with a hosting platform to manage and collaboratively share data and information (the "Service"). These Terms of Service constitute the legal agreement ("Agreement") between you and LabUsers regarding the use of the Service. "You" means any person or entity that uses the Service and/or posts Content to the Service. By using the Service and/or posting Content you agree to be bound by the terms and condition of this Agreement.

2. Privacy Notice

Certain other information about you is subject to the Privacy Notice. For more information, see our full privacy notice.

3. User Conduct and Content

You understand that all information, data, text, comments, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You agree to not use the Service to:

• pload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• pload, post, email, transmit or otherwise make available any Content that you do not have a right to make available 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);
• pload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any third-party;
• pload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• pload, post, email, transmit or otherwise make available 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;
• nterfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
• ntentionally or unintentionally violate any applicable local, state, national or international law; or
• rovide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

4. Disclosure of Content and Personal Information

You acknowledge, consent and agree that LabUsers may access, preserve, and disclose your Content and any personal information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of LabUsers, the users of the Service and the public.

5. No Control Over Content

LabUsers does not control the Content transmitted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will LabUsers be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

6. Information Rights and License

LabUsers does not claim any ownership in any of the Content you submit or make available for inclusion on the Service. When you upload or otherwise submit Content to our Service, for the limited purpose of operating, and improving our Service, you grant LabUsers to use, host, store, reproduce, modify, communicate, such Content.

7. Your LabUsers Account

You may need a LabUsers Account in order to use the Service. You may create your own LabUser Account, or your LabUser Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a LabUser Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

8. Indemnity

Subject to applicable law, you agree to indemnify and hold LabUsers, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of third-parties.

9. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LABUSERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LABUSERS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY DATA, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LABUSERS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

10. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT LABUSERS SHALL NOT BE LIABLE TO YOU 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 LABUSERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

11. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU.

12. Modifications to Service

LabUsers reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that LabUsers shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

LabUsers may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Terms of Service page of the web site. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use the Service after the notice is posted, you are indicating your acceptance of those changes.

13. Severability

If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.

14. Refusal or Discontinuance of Service

LabUsers reserves the right to refuse or discontinue service to any user for non-compliance with the terms of this Agreement.

15. Headings for Convenience Only

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

16. Choice of Law and Forum

Unless prohibited by applicable law, this Agreement will be governed by the laws of the State of California, and any dispute arising from the terms of this Agreement or breach of this Agreement will be governed by the laws of the State of California and you agree to personal jurisdiction by the state and federal courts sitting in San Francisco, California. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with this Agreement and agree to submit to binding arbitration; provided, however, that the preceding waiver of jury trial shall not apply to any user that is legally represented by any state attorney or attorney general that does not allow any state agency to waive a trial by jury.

17. Digital Millennium Copyright Act

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For more information, see our full DMCA notice.

Privacy Policy

Information we collect

We collect information to provide better services to all of our users.

• Information you give us. For example, our services require you to sign up for the LabUsers Account. When you do, we’ll ask for personal information, like your name, email address.
• Information we get from your use of our services. We may collect information about the services that you use and how you use them, like when you visit our website or you view and interact with content. This information includes:

Device information

We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). We may associate your device identifiers or phone number with your LabUsers Account.

Log information

When you use our services or view content provided by LabUsers, we may automatically collect and store certain information in server logs. This may include: details of how you used our service, Internet protocol address, device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL, cookies that may uniquely identify your browser or your LabUsers Account.

Unique application numbers

Certain services include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be sent to us when you install or uninstall that service or when that service periodically contacts our servers, such as for automatic updates.

Local storage

We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.

How we use information we collect

We use the information we collect from all of our services to provide, maintain, protect and improve them, to develop new ones, and to protect LabUsers and our users.

When you contact us, we may keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements.

We use information collected from cookies and other technologies, like pixel tags, to improve your user experience and the overall quality of our services.

We will ask for your consent before using information for a purpose other than those that are set out in this Privacy Policy.

You may set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it’s important to remember that our services may not function properly if your cookies are disabled.

Information we share

We do not share personal information with companies, organizations and individuals outside of LabUsers unless one of the following circumstances applies:

With your consent

We will share personal information with companies, organizations or individuals outside of LabUsers when we have your consent to do so. We require opt-in consent for the sharing of any sensitive personal information.

For external processing

We provide personal information to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.

For legal reasons

We will share personal information with companies, organizations or individuals outside of LabUsers if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

• meet any applicable law, regulation, legal process or enforceable governmental request.
• enforce applicable Terms of Service, including investigation of potential violations.
• detect, prevent, or otherwise address fraud, security or technical issues.
• protect against harm to the rights, property or safety of LabUsers, our users or the public as required or permitted by law.

If LabUsers is involved in a merger, acquisition or asset sale, we will continue to ensure the confidentiality of any personal information and give affected users notice before personal information is transferred or becomes subject to a different privacy policy.

Information security

We work hard to protect LabUsers and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:

• We encrypt many of our services using SSL.
• We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
• We restrict access to personal information to LabUsers, offices, employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

When this Privacy Policy applies

Our Privacy Policy applies to all of the services offered by LabUsers.Com Inc. and its affiliates, including services offered on other sites (such as advertising services), but excludes services that have separate privacy policies that do not incorporate this Privacy Policy.

Compliance and cooperation with regulatory authorities

We regularly review our compliance with our Privacy Policy. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.

Changes

Our Privacy Policy may change from time to time. We will post any privacy policy changes on this page and, if the changes are significant.

DMCA COMPLIANCE POLICY

It is the policy of LabUsers.com, Inc. to promptly process and investigate notices of alleged copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 ("DMCA"). Pursuant to the DMCA, LabUsers.com, Inc. has designated an agent to receive notification of alleged copyright infringement occurring on Web pages or computer servers. If you believe that your copyrighted work is being infringed on a LabUsers.com, Inc.’s site, please notify our designated agent, preferably by email, at:

Copyright Compliance, LabUsers.com, Inc.

1. Contents of Notice

The DMCA requires that all notices of alleged copyright infringement must be in writing. When informing the designated agent of an alleged copyright infringement, you should:

• Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single online site are involved, please provide a list of the works on that site.

• Describe the material that is claimed to be infringing and provide sufficient information to permit LabUsers.com, Inc. to locate that material.

• rovide your contact information, including an address, telephone number, and, if available, an e-mail address.
• Certify or include a statement that you have a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner’s agent, or law.

• Certify that the information that you have provided LabUsers.com, Inc. is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.

• Include a physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner.

LabUsers.com, Inc. may not be able to act on your complaint promptly or at all if you do not provide the information required in the “Contents of Notice.”

Before you allege an infringement, you should consult copyright materials to confirm that the use is, in fact, infringing. The United States Copyright Office provides basic information that can help you determine whether an exception or defense, such as fair use, may apply to the use of your copyrighted work.

2. Notice and Takedown Procedure

LabUsers.com, Inc. expects all users of its system to comply with applicable copyright laws. However, if we are notified of a claimed copyright infringement, or otherwise become aware of facts and circumstances from which infringement is apparent, it will respond appropriately, which may include removing or disabling access to the material that is claimed to be infringing. LabUsers.com, Inc. will follow the procedures outlined in the Digital Millennium Copyright Act with regard to appropriate notifications of the user and the complaining party, acceptance of counter notifications, and, where indicated, putback of the alleged infringing material. Refer to the United States Copyright Office for a summary of the provisions of the DMCA.

3. Repeat Infringers

Where it has been clearly established that a LabUser.com user is a repeat offender, we may terminate that individual’s account.

4. US Copyright Law and LabUsers.com, Inc. Policy

Individuals who infringe copyright-protected materials on LabUsers.com, Inc. networks are subject to discipline under LabUsers.com, Inc.’s Web Policy and other policies. In appropriate circumstances, penalties for violations of the Policy include, but are not limited to, termination of the service.

Copyright infringement is a violation of federal law and subject to severe civil penalties and sanctions. Copyright infringement can also be a violation of federal criminal law. Thus, every user of the LabUsers.com, Inc.’s networks and Web must maintain a basic understanding of copyright law and must comply with our copyright policies.

For more information on U.S. copyright law and the DMCA, consult the web site of the United States Copyright Office. The U.S. Copyright office has a variety of circulars and forms, available online or printed, which can provide answers and guidance to many copyright questions and issues. Circular 1 has simple, concise explanations and descriptions of what you must do to keep from infringing copyrights of others, as well as protecting your own creative works. In addition, there are resources available through the library or through a simple Web search.