This is an agreement between you ('THE USER') and ESIDIAN regarding the use of Public Pandemic Tools ('THE SERVICE'). THE USER may be a natural person or legal entity, such as a regional public health agency, health care services provider, or independent testing laboratory.
By using THE SERVICE, THE USER agrees to the following terms:
a. To use THE SERVICE only for its intended purpose.
b. Not use THE SERVICE to violate the legal rights of any individual or legal entity.
c. Not use THE SERVICE to intimidate, harass, threaten, injure, or attempt to commit such acts, against any natural person or legal entity.
d. Not send or attempt to send unsolicited commercial email through THE SERVICE.
e. ESIDIAN is not a party to any contract between THE USER and another USER even if such contract pertains to the use of THE SERVICE.
f. ESIDIAN will exercise due diligence to maintain THE SERVICE in an operation state for the duration of the Covid-19 global pandemic.
THE USER understands that failure to abide by these terms may result in refusal by ESIDIAN for THE USER to access THE SERVICE in whole or in part and that such determination is made at the sole discretion of ESIDIAN.
THE USER understands that consent to conduct anonymous close contact followups or to be contacted regarding contact tracing lawfully given in other written agreements between THE USER and another USER who is also THE USER's testing laboratory or public health agency may be used by THE SERVICE for pandemic suppression during the period of possible infectiousness.
ESIDIAN expressly disclaims any warranty for THE SERVICE. THE SERVICE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING FROM YOUR USE OF THIS SERVICE REMAINS WITH THE USER.
LIMITATIONS ON LIABILITY
In no event shall ESIDIAN be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of use of or inability to use THE SERVICE or the fraudulent use of THE SERVICE by third parties, or the negligent or accidental disclosure of passwords by THE USER even if ESIDIAN has been advised of the possibility of such damages, fraudulent uses, or unwillful disclosure of passwords. Because some jurisdictions do not allow exclusion or limitation of liability for consequential or incidental damages, the above limitation on damages may not apply to you.
GUARANTEE. Notwithstanding NO WARRANTIES and LIMITATION OF LIABILITY, ESIDIAN guarantees the THE SERVICE works as designed and that THE SERVICE observes the necessary logic for compliance with these TERMS OF SERVICE. The sole remedy of this GUARANTEE is due diligence by ESIDIAN to repair THE SERVICE. This GUARANTEE shall not be construed to create WARRANTIES or LIABILITIES disclaimed or limited elsewhere in these TERMS OF SERVICE.
ADVERTIZING. We may use Google to serve ads. Google may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites to place ads of interest to you. If you would like to know about your choices to not have this information used by Google, click here.
Cookies are otherwise used by this Website only as needed to successfully complete users' requests.
Severability. Any part or warranty of these TERMS OF SERVICE which is prohibited or held to be void or unenforceable shall be ineffective only to the extent of such prohibition without invalidating the remaining provisions of these TERMS OF SERVICE.
No Modification. Any modification or amendment of these TERMS OF SERVICE or additional obligations assumed by any party in connection with these TERMS OF SERVICE, shall be effective only if placed in writing and signed by all Parties or their authorized representatives.
Entire Agreement. These TERMS OF SERVICE contain the entire understanding of the parties with respect to the subject matter hereof and supersede all prior agreements and understandings, oral or written, with respect to such matters.
Restrictive Jurisdiction. Absent a financial transaction between THE USER and ESIDIAN, your use and the provision of THE SERVICE by ESIDIAN is not purposeful availment of the benefits and protections of a foreign law sufficient for jurisdiction.
Miscellaneous. This agreement is governed by the laws of United States of America and the laws of the State of California.
Please forward questions or concerns to ESIDIAN, PO Box 531, Berkeley, CA 94701.
October 22, 2020.