This Terms of Use Agreement ("Agreement") is a legal contract between you ("you" or "User") and Impairment Science, Inc. ("ISI", "we", "us") that governs your use of the DRUID application (the "App") developed by and property of ISI. By using this App, whether by downloading it directly from the Internet or by referral from the ISI website (www.impairmentscience.com) ("Website"), or by hyperlink from a third party, or by any other means, you agree to be bound by this Agreement's following terms and conditions ("Terms of Use"). If you do not agree to all the Terms of Use, then you may not access or use the App.
You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Use at any time without notice to you by posting them on this page. Your continued use of the App following posting of any changes constitutes acceptance of those changes. Prices for our Services are subject to change without notice.
If you have any questions about these Terms of Use, please contact us through our website at www.impairmentscience.com.
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the App. When using the App after downloading it from an app store or distribution platform, such as the Apple App Store or Google Play (the "App Provider"), you acknowledge and agree that:
The App may be provided to employees, agents, contractors, and others affiliated with companies and other organizations that license the App from ISI ("Subscribing Organization"). In order to use the App, all such individuals that are provided the App by their Subscribing Organization must agree to these Terms of Use. ISI does not have any control over the times the Subscribing Organization suggests or requires that you use the App, the Subscribing Organization’s use of the data collected by the App, or the policies of the Subscribing Organization related to the use of the App. You agree that the App is only one of a number of practices to help promote workplace safety, that ISI has no control over how the App is used by the Subscribing Organization, that it is your responsibility to ensure you know how the Subscribing Organization uses the App and its data, that any requirement the Subscribing Organization has for you regarding the App must be negotiated with the Subscribing Organization directly, and that ISI is not responsible for any requirements for use of the App by the Subscribing Organization or any results from use of the App by the Subscribing Organization.
YOU AGREE THAT ISI DOES NOT HAVE ANY LIABILITY FOR YOUR USE OF THE APP, OR HAVE ANY LIABILITY FOR THE USE OF DATA RECEIVED FROM THE APP BY THE SUBSCRIBING ORGANIZATION, OR BY ANYONE THAT IS GRANTED ACCESS TO SUCH DATA BY THE SUBSCRIBING ORGANIZATION. YOU AGREE TO RELEASE AND HOLD HARMLESS ISI FROM ANY DAMAGES, INCLUDING PHYSICAL, MENTAL, OR MONETARY DAMAGES SUFFERED BY YOU OR A THIRD PARTY RESULTING FROM THE USE OF THE APP OR THE USE OF ANY DATA RECEIVED BY THE APP BY THE SUBSCRIBING ORGANIZATION OR ANYONE TO WHOM THE SUBSCRIBING ORGANIZATION MAKES THE DATA AVAILABLE.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree that we are not responsible if information made available by the App is not accurate, complete, or timely. Any reliance on the App is solely at your own risk.
THE APP IS PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY. YOU SHOULD NEVER RELY SOLELY UPON OR USE IT SOLELY AS THE BASIS FOR MAKING ANY DECISIONS. IF YOU BELIEVE YOU ARE IMPAIRED OR MIGHT BE IMPAIRED, WHETHER OR NOT THE APP RESULTS SUPPORT THIS BELIEF, YOU SHOULD IMMEDIATELY STOP DRIVING OR PERFORMING ANY TASK THAT MAY RESULT IN INJURY TO YOU OR OTHERS.
The App does not contain or constitute medical services: its results should not be interpreted as medical advice or opinion and are not a substitute for the advice of a medical professional. If you believe you require medical advice or services, you should consult a medical professional. Your use of the App does not create a doctor-patient relationship between you and ISI. The information made available by the App should not be relied upon when making any medical decision, or to diagnose or treat a medical or health condition, or when making a decision to drive a vehicle, operate machinery, or engage in any activity that may result in risk of injury.
We reserve the right to limit the sale of the App to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to modify or discontinue any service of the App at any time. Any offer for any of the App’s services is void where prohibited. We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the App will be corrected. You agree that we shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the App.
We may provide you with access to third-party tools which we neither monitor nor over which we have any control or input. You agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of such optional tools is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Certain content and services available via the App may include materials from third-parties. Third-party links in the App or on our Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party apps or websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If, at our request, you send certain specific submissions, or if without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the App or any related website. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Your submission to us of personal information, if any, is governed by our Privacy Policy. View our Privacy Policy here: [link].
You are prohibited from using the App:
YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP IS AT YOUR OWN SOLE AND EXCLUSIVE RISK. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE. THE APP IS PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IN NO CASE SHALL ISI, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE APP, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE APP OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP, EVEN IF ADVISED OF THEIR POSSIBILITY. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
UNDER NO CIRCUMSTANCE SHALL ISI’S LIABILITY UNDER THIS AGREEMENT FOR ANY REASON EXCEED THE AMOUNT THAT ISI HAS BEEN PAID BY YOU UNDER THIS AGREEMENT AT THE TIME THE CLAIM WAS MADE. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, NO CLAIM REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS OCCURRED.
The App is protected under United States and international patent, copyright, trademark, trade secret and/or other intellectual property or proprietary rights laws. The App, including any software code or any results it generates or displays, is the exclusive property of ISI or its licensors. The compilation, collection, arrangement, or assembly of all content on the App are the exclusive property of ISI. The name, logo, product and service marks, design and slogans associated with the App are trademarks of ISI or its affiliates or licensors. You must not use such marks without the prior written permission of ISI.
You agree to indemnify, defend and hold harmless ISI, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or your violation of any law or the rights of third-parties.
If any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Use for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use the App, or when you cease using it. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate your access to the App at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use constitute the entire agreement and understanding between you and us and govern your use of the App, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including, but not limited to, any prior versions of the Terms of Use.
These Terms of Use, and any separate agreements whereby we provide you any services, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, USA. You consent and agree that the jurisdiction for any claims arising under these Terms of Use shall lie exclusively with the state or federal courts within Boston, Massachusetts.