Version Date: May 18, 2020
Introduction/Scope. The Carnegie Mellon University (“CMU”) COVIDcast website (“Site”) displays signals related to COVID-19 activity levels across the United States, derived from a variety of anonymized, aggregated data sources made available by multiple partners.
Each signal may reflect the prevalence of COVID-19 infection, mild symptoms, or more severe disease over time. Each signal can be presented at multiple geographic resolutions: state, county, and/or metropolitan area. All these signals taken together may suggest heightened or rising COVID-19 activity in specific locations.
Permitted Use and License/Availability of the Site. Subject to other relevant provisions of the TOU, the Site and any information and data on it (“Site Content”) is provided to you under the CC-BY license (https://creativecommons.org/licenses/by/4.0/ CMU (and/or its content providers, as applicable) own and retain all intellectual property rights they have in and to the Site Content, including but not limited to the Project content and the underlying infrastructure. CMU shall have the right in its sole and absolute discretion to suspend or terminate the Site any or all access to it for any reason. As specified below, the Site (including Site Content) is provided on an “AS-IS, AS-AVAILABLE” basis.
Prohibited Uses/Activities. Unless otherwise expressly permitted under these TOU or an applicable license, the following activities are prohibited with respect to your use of the Site: (a) using the Site or any content in a manner not permitted under these TOU or license; (b) taking any action using the Site that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, discriminatory or racially, ethnically or otherwise objectionable or in violation of any applicable laws or regulations, or encourage and/or assist others to engage in these activities; (c) interfering with, removing or modifying any terms and conditions or other Site Content and/or any part of the Site used for the operation and/or security of the Site ; (d) impersonating any person or entity, including, but not limited to, any CMU personnel, or falsely stating or otherwise misrepresenting your affiliation with a person or entity; (e) knowingly uploading, posting, emailing, transmitting or otherwise making available any content 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; (f) interfering with or disrupting the Site or servers or networks connected to the Site , or disobeying any requirements, procedures, policies or regulations of networks connected to the Site (including but not limited to those of any relevant third party service providers used in connection with the Site ); and/or (g) taking Site Content from the Site and reformatting it and/or displaying it on any other website.
Features of the Site; Use of Third Party Providers. The Site and software embodied within the Site may include security components that permit digital materials to be protected, and use of these materials may be subject to usage rules set by CMU. CMU may, at its discretion, use certain third party service providers to support portions of the Site (including but not limited to hosting services).
International Use. CMU’s servers and operations are located primarily in the United States and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) if you are using the Site from a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or use the Site; and (ii) you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Site. The Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject CMU or its affiliates to any registration requirement within such jurisdiction or country.
Notice to California Residents. BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
If the Site is at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:
The provider of the Site is:
Carnegie Mellon University
5000 Forbes Avenue
Pittsburgh, PA 15213
If the Site is deemed as electronic commercial service, you may file a complaint regarding the Site or to receive further information regarding use of the Site by sending a letter to the attention of “Legal Department” at the above address.
Disclaimer of Warranties. THE SITE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. CMU, ITS TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, CONTRACTORS (INCLUDING ANY THIRD PARTY PROVIDERS) AND SPONSORS (COLLECTIVELY THE “SITE PARTIES”) EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND DUTIES, INCLUDING, WITHOUT LIMITATION: THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE.
YOU ARE PROHIBITED FROM MAKING ANY EXPRESS OR IMPLIED warranty TO ANY THIRD PARTY on behalf of CMU RELATING TO ANY MATTER, INCLUDING the application of or the results to be obtained FROM the information, materials, services, INTELLECTUAL PROPERTY OR OTHER PROPERTY OR RIGHTS (INCLUDING COVIDCAST) GRANTED AND/OR PROVIDED BY CMU.
YOU UNDERSTAND AND AGREE THAT YOU OBTAIN ANY AND ALL INFORMATION, MATERIAL, DATA AND/OR OTHER CONTENT THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND CMU IS NOT ASSUMING RESPONSIBILITY FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF SUCH ITEMS. IN ADDITION, SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY; LIMITATION ON DAMAGES. UNDER NO CIRCUMSTANCES ARE CMU OR ANY OTHER SITE PARTIES BE LIABLE TO YOU, YOUR ORGANIZATION OR ANY OTHER USER ON ACCOUNT OF USE OR MISUSE OF OR RELIANCE ON THE SITE ARISING FROM ANY CLAIM FOR THE RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR OTHERWISE, (EVEN IF CMU AND/OR THE SITE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
Some states or other jurisdictions do not allow the exclusion or limitation of liability for certain damages, so the above limitations and exclusions shall apply only to the extent permitted under applicable law.
Force Majeure. In the event CMU’s performance of its obligations is delayed or prevented directly or indirectly by acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning, CMU may take additional time to perform commensurate with the delay and shall have no liability for any such delay.
Permitted Users; No CMU Status or Credit Conferred. Using the Site does not confer any CMU course credit and/or any employment or student status at CMU.
Miscellaneous. If any provision of these TOU is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. CMU’s failure to act with respect to a breach by you or any other users does not waive CMU’s right to act with respect to subsequent or similar breaches. The failure of CMU to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in these TOU are included for convenience only, and shall not limit or otherwise affect the terms of these TOU. These TOU and any disputes related to them shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania without regard to its conflicts of laws provisions. All claims and/or controversies of every kind and nature arising out of or relating to these TOU, including any questions concerning its existence, negotiation, validity, meaning, performance, non-performance, breach, continuance or termination shall be settled (1) at CMU’s election, by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and, in such case (a) the arbitration proceedings shall be conducted before a panel of three arbitrators, with each party selecting one disinterested arbitrator from a list submitted by the AAA and the two disinterested arbitrators selecting a third arbitrator from the list, (b) each party shall bear its own costs of arbitration, (c) all arbitration hearings shall be conducted in Allegheny County, Pennsylvania, and (d) the provisions hereof shall be a complete defense to any suit, action or proceeding instituted in any Federal, state or local court or before any administrative tribunal with respect to any claim or controversy arising out of or relating to these TOU and which is arbitrable as provided in these TOU, provided that either party may seek injunctive relief in a court of law or equity to assert, protect or enforce its rights hereunder (2) in the event that CMU does not elect binding arbitration as permitted in point (1) above, exclusively in the United States District Court for the Western District of Pennsylvania or, if such Court does not have jurisdiction, in any court of general jurisdiction in Allegheny County, Pennsylvania and each party consents to the exclusive jurisdiction of any such courts and waives any objection which such party may have to the laying of venue in any such courts. Notwithstanding any provision hereof, for all purposes of these TOU each party shall be and act as an independent contractor and not as partner, joint venture, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract. You are agreeing to these TOU on behalf of yourself. You agree that, except for the disclaimers and limitations of liability made for the benefit of the other Site Parties, there shall be no third-party beneficiaries to these TOU.