Terms of Use Policy

Effective Date: 03/23/2022


TERMS OF USE

The following terms and conditions (the “Terms of Use”) are between you and MyCommunityTesting, Inc. (“MyCommunityTesting” or “our” or “we” or “us”) and govern your use of MyCommunityTesting’s COVID19 software service offering (“MyCommunityTesting Covid19 Platform”) and any content or services made available from or through MyCommunityTesting, including any subdomains thereof (the “Site” and collectively, “Sites”). Reference to Site or Sites includes software as a service offering made available through a Site. PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE SITES AND/OR ACCEPTING THESE TERMS BY CLICKING “I ACCEPT” OR SIMILAR ATTESTATION, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST EXIT THE SITE IMMEDIATELY AND DISCONTINUE ANY USE OF THE SAME.

  1. Acceptance of Terms
    These Terms of Use between you and MyCommunityTesting govern your access to the Sites. Your use of the Sites signifies your acceptance of these Terms of Use and constitutes a legally binding agreement between you and MyCommunityTesting. MyCommunityTesting may modify these Terms of Use at any time and will post the modified Terms of Use on this Site. Any modification is effective immediately upon posting. Your continued use of the Sites will be conclusively deemed to signify your acceptance of such modifications.
  1. Intellectual Property

    This Site contains copyrighted material, trademarks and other proprietary material belonging to MyCommunityTesting, its licensors and others, including, but not limited to, text, data, photos, graphics and other images, software, specifications, audio and video files (collectively, “Proprietary Material”) that are protected by patent, copyright, trademark and other intellectual property laws. Except for your User Data, as between you and MyCommunityTesting, you should assume that everything you see or read and everything available on this Site is Proprietary Material owned by MyCommunityTesting and protected by these laws. You shall not use, copy, reproduce, distribute, modify, adapt, create derivative works of, display, publicly perform, transmit, broadcast, sell, license or in any way exploit the Proprietary Material, in whole or in part.

  1. Additional Obligations; Restrictions on Use
    You are responsible for protecting the confidentiality of your username, password, and any other access credentials (including, without limitation, QR codes) provided to you to access any Sites. If you are a healthcare professional accessing the Sites on behalf of any individual under your care, you shall protect the confidentiality of all User Data and access credentials associated with each individual (including, without limitation, QR codes) provided to you to access any Sites on behalf of individuals and shall only use and access User Data for the sole purpose of providing care to the individual associated with such User Data. You agree that you will not: (i) access or attempt to access any systems or servers on which the Site is hosted, or modify or alter the Site in any way; (ii) forge headers, misrepresent your identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any User Data transmitted to or via the Site; (iii) collect, store, publish, post, sell, transmit or disclose personal data about other users of the Site unless expressly authorized by such other users to do so; (iv) upload or otherwise transmit files that contain viruses, worms, Trojan horses, spyware, adware, sniffers, corrupted files or other computer code designed to interrupt, destroy or limit the functionality of any computer hardware, software or telecommunications equipment; or (v) violate any applicable state, national or international law or regulation. You shall not (i) download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Site; or (ii) alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices.
  1. Termination of Access and Use
    You agree that MyCommunityTesting, in its sole discretion and without notice or other obligation to you, may terminate, change, suspend or discontinue any aspect of the Site at any time and that we may suspend or terminate your access to and use of this Site if we believe that you are in breach of our Terms of Use or applicable law, or for any other reason without notice or liability.
  1. Eligibility and Access Outside of the United States
    You represent that you are of legal age to form a binding contract with MyCommunityTesting and are not barred from using this Site by the laws of the United States or the country in which you reside. MyCommunityTesting is organized in the State of Delaware, in the United States of America with principal offices in the United States of America. MyCommunityTesting makes no claims that the Site or any of its content are appropriate or may be downloaded or accessed outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
  1. User Data and Privacy Policy
    By submitting, uploading, transmitting, or making available to MyCommunityTesting through the MyCommunityTesting Covid19 Platform or other Sites any of your data and materials (“User Data”), you represent and warrant that you own or have all rights necessary to submit, upload, transmit or make available such User Data and otherwise use it for your intended purpose. For information on our data and information collection and use practices, please read our Privacy Policy located at https://www.MyCommunityTesting.com/privacy.html. You acknowledge and understand that MyCommunityTesting’s use of the data we collect, and your personally identifiable information will be in accordance with the Privacy Policy. To the extent separate bilateral agreements with our partners or customers impose on us additional restrictions with respect to use and processing of User Data, those additional restrictions will apply to our use of User Data.
  1. Disclaimer of Warranties
    THE SITES ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYCOMMUNITYTESTING DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, WITH RESPECT TO THE SITES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, UPTIME OR UNINTERRUPTED ACCESS AND AVAILABILITY, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. IN ADDITION, MYCOMMUNITYTESTING DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  1. Limitation of Liability
    NEITHER MYCOMMUNITYTESTING NOR ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR REPRESENTATIVES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (EVEN IF MYCOMMUNITYTESTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY ERRORS OR OMISSIONS, VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE, THE USE, INABILITY TO USE OR PERFORMANCE OF THE SITES, OR ANY LOSS, BUSINESS INTERRUPTION OR OTHER DAMAGE SUSTAINED IN CONNECTION WITH YOUR USE OF THE SITES. TO THE EXTENT THAT ANY COURT OF COMPETENT JURISDICTION RENDERS JUDGMENT AGAINST MYCOMMUNITYTESTING, NOTWITHSTANDING THE FOREGOING, MYCOMMUNITYTESTING’S LIABILITY IN CONNECTION WITH YOUR USE OF THE SITES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU IN CONNECTION WITH SUCH USE IN THE ONE (1) MONTH PERIOD PRECEDING THE DATE OF THE EVENT GIVING RISE TO SUCH LIABILITY. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
  1. Dispute Resolution
    In the event of any controversy, dispute or claim arising out of or related to your use of the Site or its content, the dispute will be resolved exclusively by binding arbitration in accordance with the then-current Commercial Rules of the American Arbitration Association. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR USE OF THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
  1. Governing Law
    These Terms of Use and the relationship between you and MyCommunityTesting will be governed by the laws of the State of California, USA, without giving effect to principles of conflict of laws of any jurisdiction. All parties to these terms of use waive their respective rights to a trial by jury.
  1. Notice
    Any notices shall be given by email to you at the last known email address provided to MyCommunityTesting and, in the case of MyCommunityTesting, to info@mycommunitytesting.org. Notice shall be deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid or that the message was otherwise returned as undeliverable. Such emails shall satisfy any legal requirement that communications be made in writing.
  1. Miscellaneous
    If any provision of these Terms of Use is held to be invalid, illegal or unenforceable under applicable law, then the invalid, illegal or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect. To the extent you are an employee, contractor, or agent of one of our partners or customers who have entered into a separate bilateral agreement with us that governs use of any Sites, such agreement may impose additional obligations on you and nothing in these Terms of Use are intended to supersede any provisions of such agreement which shall control in the event of a conflict.
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