2. Accounts and Eligibility
(a) To use the Services, you must register for a user account (“Account”) and provide certain information about yourself, as prompted by the applicable registration form. You represent and warrant that: (i) all required registration information that you submit is accurate, current and complete and you agree to update such information as necessary to ensure this remains the case; and (ii) you will use the Services in compliance with all applicable laws and regulations (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services.
(b) To help protect the security of the Services and your information, you should follow security best practices such as protecting your user name and password. You are responsible for maintaining the confidentiality of your user name and password, and you are responsible for all uses of your Account and registration, whether or not authorized by you. Do not share your user name or password with any other person. In the event you become aware of misuse or unauthorized use of your user name, password or Account, it is your obligation to notify Delos. Delos shall have no responsibility for loss or misused user names or passwords or for unauthorized access to your Account. Delos is not liable for any loss or damage arising from your failure to comply with the above requirements.
(c) The individual who creates an Account is the “Owner” of that Account and individuals who are authorized to access an Owner’s Account and use the Services are “Authorized Users”. Authorized Users may have the ability to use, monitor and/or control the Services. Authorized Users also may have the ability to view information (including personal information) and content available through the Owner’s Account. Authorized Users are responsible for their own actions in connection with their use of the Services, but the Owner remains fully responsible for all such actions. If you are an Owner who invites or enables an Authorized User to access your Account and/or use the Services, you acknowledge and agree that any such Authorized User may subsequently invite or enable other additional Authorized Users with the same ability to access your Account and/or use the Services. As a result, if you are an Owner, you should only authorize those individuals whom you trust to access your Account and use the Services.
3. License; Intellectual Property Rights; Modifications and Updates
(b) All text, graphics, design and programming in connection with the Services (“Content”) are the sole property of Delos or their respective owners and are protected by copyright law, trademark law and international treaties. Delos authorizes you to view a single copy of the Content solely for your personal, noncommercial use. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose.
(d) Delos may, from time to time, in its sole discretion, develop patches, bug fixes, updates, upgrades, improvements and modifications to the Services (“Updates”). By using the Services, you consent to receiving Updates. If you do not wish to receive Updates, your sole remedy is to terminate your Account and stop using the Services. If you do not terminate your Account, you will receive Updates automatically with or without notice. You acknowledge that you may be required to install Updates to use the Services and you agree to promptly install any such required Updates.
(e) Delos reserves the right, at any time, in its sole discretion, to modify, suspend or discontinue the Services (in whole or in part) with or without notice. You agree that Delos will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any part thereof.
(f) Subject to any subscription agreement or other restrictions, Delos reserves the right to charge or modify fees associated with the Services or certain components, features, or benefits relating thereto, provided that we will notify you in advance, and your continued use of the Services after such notice constitutes your acceptance thereof. If you do not wish to continue using the Services following such notification, you may terminate your Account and stop using the Services.
4. Acceptable Use of the Services.
- infringes any intellectual property or other proprietary right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious or obscene;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- involves commercial activities (whether or not for profit) and/or sales without Delos’ prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- violates the security of any computer network, or cracks any passwords or security encryption codes;
- decompiles, reverse engineers, or otherwise attempts to obtain the source code of the Services;
- interferes with the proper operation of the Services, including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Services, through the use of bots, trojan horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Services or the use of the Services by others.
- alters or modifies the Content or removes any copyright notices or other legends.
- “crawls” or “spiders” any page or portion of the Services (through use of manual or automated means); harvests or scrapes any Content from the Services; or
- interferes with service to any user of the Services, host or network, including without limitation, via means of submitting malware to the Services.
7. Services Limitations and Requirements; Disclaimer of Warranties, Indemnification and Limitations of Liability.Your agreement to the following disclaimers and limitations are a material inducement to Delos permitting you to access and use the Services. Your access and use of the Services, and the obligations and liabilities of Delos in respect thereof, is expressly limited as follows:
(c) Conduct of Users. Delos assumes no responsibility for the activities or conduct of any Owners or Authorized Users.
Your interactions with third party organizations and/or individuals found on or through the Services, including payment and delivery of goods or services under any transaction you enter into with a third party, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Delos shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
(e) DISCLAIMER OF WARRANTIES. THE SERVICES (AND ALL PRODUCTS, SOFTWARE, SERVICES, INFORMATION AND CONTENT) MADE AVAILABLE ON OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND. DELOS DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER AS TO THE SERVICES AND CONTENT MADE AVAILABLE ON OR PROVIDED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, LOSS OF DATA, FITNESS FOR PARTICULAR PURPOSE, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
DELOS’ ACTIVITIES AND SERVICES ARE INTENDED TO HELP SUPPORT YOUR HEALTH AND WELL-BEING. HOWEVER, PLEASE BE AWARE THAT AN INDIVIDUAL’S HEALTH AND WELL-BEING ARE DETERMINED BY A NUMBER OF FACTORS PARTICULAR TO THAT INDIVIDUAL, OTHER THAN THAT INDIVIDUAL’S CURRENT ENVIRONMENT. THESE FACTORS INCLUDE BUT ARE NOT LIMITED TO, PERSONAL CURRENT AND PAST CONDUCT, GENETICS, FAMILY HISTORY AND PSYCHOLOGICAL FACTORS. DELOS IS NOT A LICENSED HEALTHCARE PROVIDER, AND MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OR ANY PRODUCT, APP OR WEBSITE CONNECTED TO THE SERVICES WILL CURE ANY ILLNESSES OR DISEASES, IMPROVE THE OVERALL HEALTH OR WELL-BEING OF ANY SPECIFIC INDIVIDUAL(S), OR CAUSE A SPACE TO BE FREE FROM BACTERIA, VIRUSES, ALLERGENS, VOLATILE ORGANIC COMPOUNDS, OR OTHER PATHOGENS. MOREOVER, DELOS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OR ANY PRODUCT, APP OR WEBSITE CONNECTED TO THE SERVICES ARE EXHAUSTIVE OF ALL AVAILABLE ALTERNATIVES. DELOS AND/OR ITS AFFILIATES MAY INVEST IN OR MAINTAIN DISTRIBUTION, REFERRAL AND/OR OTHER CONTRACTUAL ARRANGEMENTS WITH THIRD PARTY PROVIDERS OF CERTAIN OF THE PRODUCTS THAT IT MAY RECOMMEND TO YOU IN CONNECTION WITH YOUR USE OF THE SERVICES, YOU ACKNOWLEDGE THAT DELOS MAY BENEFIT COMMERCIALLY FROM YOUR PURCHASE OF SUCH PRODUCTS. NEITHER THE SERVICES, ANY PRODUCT, APP OR WEBSITE CONNECTED TO THE SERVICES NOR THE INFORMATION DISPLAYED ON OR PROVIDED THROUGH THE SERVICES CONSTITUTE THE PRACTICE OF MEDICINE OR THE PROVISION OF ANY PROFESSIONAL HEALTHCARE SERVICES, DIAGNOSIS OR TREATMENT, AND NOTHING DISPLAYED ON OR PROVIDED THROUGH THE SERVICES OR ANY PRODUCT, APP OR WEBSITE CONNECTED TO THE SERVICES SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.
FURTHERMORE, DELOS MAKES NO WARRANTIES THAT THE SERVICES OR PRODUCTS CONNECTED TO THE SERVICES WILL NOT AFFECT PEOPLE WITH ALLERGIES OR PROPENSITIES FOR OTHER ADVERSE REACTIONS, AND DELOS ASSUMES NO LIABILITY FOR ALLERGIC OR OTHER ADVERSE REACTIONS TO THE SERVICES OR PRODUCTS CONNECTED TO THE SERVICES.
(f) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL DELOS OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, LOSS OF GOODWILL, PERSONAL OR PROPERTY DAMAGE), WHETHER OR NOT DELOS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (A) THE FEES ACTUALLY PAID BY YOU TO DELOS FOR THE SERVICES AT ISSUE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
9. Contact. Questions concerning the Services or any components, features or benefits thereof should be directed to [email protected]
Last Updated: June 21, 2019