Table of Contents
Great Expectations Labs, Inc.
Last Updated: March 23, 2023
If you wish to use the Services, you must be at least 18 years old (or the age of majority in your state, province, or country). You agree to keep all information you provide to us current at all times.
Company reserves the right at any time to change or discontinue the Services with or without notice. You agree that Company is not liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services.
If you have a separate agreement with us, the terms of that separate agreement control regarding any conflict with the provisions herein. Any Company products or services (other than the Services) made available to you, whether via this website or otherwise, are governed by the terms of service or end user license agreement that accompanies such products or services (the “License Agreement”), and you shall not use any such products or services unless you first agree to such License Agreement.
You may access the Services via a mobile phone or other mobile device. You acknowledge that your mobile carrier's standard charges and data rates apply to any access to the Services from any mobile device. Further, your access to the Services may be limited by your mobile carrier's terms and policies or by your mobile device's settings, software, and hardware. We are not responsible for any reduced functionality of the Services based on your mobile carrier's or mobile device's requirements or limitations.
You may allow individuals within or on behalf of your organization to access the Services, including employees, consultants, contractors, and agents (“Authorized Users”). You are responsible for the use of the Services by all Authorized Users. You are required to ensure that your Authorized Users have accepted and are bound by these Terms before they access the Services.
You are also solely responsible for the accuracy and currency of the information entered into the Services by you or on your behalf (including without limitation by your Authorized Users). You agree to indemnify and hold Company harmless from and against any claim related to content, accuracy, or currency of information you provide through the Services.
You may not download any portion of the website or use any of the Services other than for your own internal use. You may not use any data mining, robots, or similar data gathering tools or otherwise exploit your access to the Services for any commercial purpose other than those purposes expressly prescribed and contemplated by us; provided, that the foregoing does not restrict crawling the Services solely for the purpose of indexing for a publicly available search engine. You may not use any of the Company's trademarks , logos, or other proprietary graphics without express written permission, which may be denied in Company’s absolute discretion. Company’s logos, product and service names are Company's trademarks. All other trademarks appearing on the website or in connection with the Services are trademarks of their respective owners, and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made.
In addition to any other things that might constitute a misuse of the Services, you shall not, and shall not attempt to do the following things:
modify, alter, tamper with, repair or otherwise create derivative works of any of the Services;
reverse engineer, disassemble or decompile the software used to provide or access the Services, or attempt to discover or recreate the source code used to provide or access the Services, except and only to the extent that the applicable law expressly permits doing so;
use the Services for research or benchmarking or any related endeavor with the intent of creating a competing or similar product;
create a competing or similar product to the Services;
sell, lend, rent, resell, lease, sublicense, or otherwise transfer any of the rights granted to you with respect to the Services to any third party;
remove, obscure or alter any proprietary rights notice pertaining to the Services;
use the Services to: (i) engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (ii) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) advertise or promote a commercial product or service that is not available through Company; (iv) store or transmit inappropriate content, such as content: (1) containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, (2) containing any material that encourages conduct that could constitute a criminal offense, or (3) that violates the intellectual property rights or rights to the publicity or privacy of others; (v) store or transmit any content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or (vi) abuse, harass, stalk or otherwise violate the legal rights of a third party;
interfere with or disrupt servers or networks used by Company to provide the Services or used by other users to access the Services, or violate any third-party regulations, policies or procedures of such servers or networks or harass or interfere with another user’s full use and enjoyment of any of the Services;
access or attempt to access Company’s other accounts, computer systems or networks not covered by these Terms, through password mining or any other means;
cause, in Company’s sole discretion, inordinate burden on the Services or Company’s system resources or capacity; or
share passwords or other access information or devices or otherwise authorize any third party to access or use the Services.
When you use the Services, including creating an account with us or in connection with any Forum, or send emails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by email, by text message (SMS or MMS, if applicable), or by posting notices on our website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
In the event you or any of your Authorized Users provide any suggestions, enhancement requests, recommendations or other feedback relating to the Services (“Feedback”), you hereby grant to Company a royalty-free, fully paid-up, nonexclusive, perpetual, irrevocable, worldwide, transferable, sublicensable license to use, display, copy, modify, or distribute such Feedback, including by incorporating such Feedback into the Services.
At certain times, we may in our discretion need to revise these Terms. If we do, we will notify you by posting notices on the website, or by emailing you, as appropriate in the circumstances. If you continue using the Services after the effective date of the changes to these Terms, you will be deemed to have accepted the revisions. If you do not agree to the revisions, you may terminate these Terms by notifying us via email at firstname.lastname@example.org or by terminating your account through your account settings, and you may no longer use or access the Services. Company may assign these Terms to any other person or entity at any time.
Company may provide links to other websites, applications or resources. Because we have no control over such sites, applications, or resources, you acknowledge and agree that Company is not responsible for the availability or content of such external sites, applications, or resources. You may create a link to our website so long as the link does not portray Company or its products or services in a false, misleading, derogatory, otherwise offensive manner or in a manner that in any way dilutes or tarnishes the goodwill associated with any Company names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with the Company. You may not use any of Company’s logos, trademarks, or other proprietary graphics as part of your link without Company’s express prior written consent in each case.
Other than as set out in this section, these Terms are not intended to grant rights to anyone except you and Company, and in no event shall the Agreement create any third-party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of these Terms are not subject to the consent of any other person.
The Services and all copyrights, trade secrets and other proprietary rights related to the Services, including any derivative work, are, and will remain the sole property of Company, regardless of the use made by you; and are protected by certain United States and international copyright laws and trademark laws. The Services are licensed, not sold, to you. Neither these Terms nor the use of the Services confers any title of ownership in the Services and are not a sale of any rights in the Services, including any intellectual property rights related thereto.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY, ACCURACY, OR TRUTHFULNESS OF ANY INFORMATION PROVIDED BY OR WITH RESPECT TO THE SERVICES. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE WEBSITE AND SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE.
FURTHER, COMPANY DOES NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL RESULT IN YOUR FULL COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS, INCLUDING BUT NOT LIMITED TO, THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"). YOU ACKNOWLEDGE THAT THE SERVICES ARE NOT HIPAA COMPLIANT AND THAT COMPANY IS NOT A BUSINESS ASSOCIATE OR SUBCONTRACTOR, AS DEFINED IN HIPAA. YOU SHOULD ALWAYS SEEK INDEPENDENT LEGAL COUNSEL TO DETERMINE YOUR COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS.
Because some jurisdictions may not allow the exclusion of implied warranties, such limitation may not apply in its entirety to you. Any warranties made in these Terms are for your benefit only.
IN NO EVENT WILL COMPANY, ITS SUPPLIERS, SHAREHOLDERS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOST PROFITS, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING OUT OF THESE TERMS OR THE USE OF OR RELIANCE UPON THE WEBSITE, ANY CONTENT, OR THE SERVICES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL COMPANY’S TOTAL LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THESE TERMS AND USE OF THE WEBSITE, ANY CONTENT, OR THE SERVICES, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED A MAXIMUM OF $100.00. THE PARTIES AGREE THAT THIS SECTION SHALL SURVIVE AND CONTINUE IN FULL FORCE AND EFFECT DESPITE ANY FAILURE OF CONSIDERATION OR OF AN EXCLUSIVE REMEDY.
BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Any sections of these Terms that, either explicitly or by their nature, appear to be reasonably intended to remain in effect even after termination of these Terms, shall survive termination.
The validity, construction, and performance of these Terms are governed by and construed in accordance with the laws of the State of Utah, without reference to choice of law principles. You expressly agree that exclusive jurisdiction for any claim or dispute with Company, these Terms, or relating in any way to your use of the Services, resides in the federal and state courts located in Salt Lake County, Utah, and you submit to and consent to jurisdiction and venue in said courts. You agree to waive any defense pertaining to jurisdiction and venue. In the event any provision hereof shall be held by a tribunal of competent jurisdiction to be contrary to law, the remaining provisions of these Terms remain in full force and effect.
In case of an action to enforce any rights or conditions of these Terms, or appeal from said proceeding, it is mutually agreed that the losing party in such suit, action, proceeding or appeal shall pay the prevailing party’s reasonable attorney fees and costs incurred.
No waiver of any provision of these Terms constitutes a waiver of any other provision, whether similar, nor does any waiver constitute a continuing waiver. Failure to enforce any provision of these Terms do not operate as a waiver of such provision or any other provision or of the right to enforce such provision or any other provision.
If any provision of these Terms is invalid or unenforceable in any respect for any reason, the validity and enforceability of any such provision in any other respect and of the remaining provisions of these Terms are not impaired. These Terms is binding on and inures to the benefit of the parties and their permitted heirs, personal representatives, successors, and assigns.
Company will not be liable for or be in breach of or default under these Terms on account of, any delay or failure to perform as required by these Terms because of any cause or condition beyond Company’s reasonable control.
In addition to the other provisions of these Terms, you agree to defend Company from any actual or threatened third party claim arising out of or related to your use of the Services, your failure to comply with any of the provisions of applicable law, and your breach of any of the provisions of these Terms. In addition, you agree to indemnify, defend, and hold harmless Company from and against: (a) all damages, costs, and attorney fees finally awarded against Company in any proceeding under this section; (b) all out-of-pocket costs (including reasonable attorney fees) reasonably incurred by Company in connection with the defense of such proceeding (other than when you have accepted defense of such claim); and (c) if any proceeding arising under this section is settled, any amounts to any third party agreed to by you in settlement of any such claims.
We are committed to protecting the security of your personal information, and we take commercially reasonable technical and organizational measures that are designed to that end.