[ BY CLICKING ON THE "I AGREE" BUTTON, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK THE "CANCEL" BUTTON.]
Synapse Terms and Conditions of Use:
By using Synapse, you agree to the Terms and Conditions of Use listed below. Below is a human-readable summary of several key provisions of those Terms and Conditions. Be certain to read the full Terms and Conditions of Use in detail; in the event of any conflict or inconsistency between this summary and the full Terms and Conditions, the full Terms and Conditions will govern.
When using Synapse, you must:
If using or contributing data on Synapse, you must:
Sage Bionetworks wants you to know that:
· These Terms and Conditions of Use apply to, but we otherwise do not monitor, data or content contributed to private workspaces.
Sage Bionetworks
Synapse Terms and Conditions of Use
Last updated: November 22nd, 2011
Welcome to Synapse, a service operated by Sage Bionetworks, an IRS 501(c)(3) public charity ("Sage Bionetworks," "we," or " us"). These Terms and Conditions of Use ("Terms") are a binding legal agreement between you and Sage Bionetworks regarding your use of Synapse, Sage Bionetworks' computational and storage software platform enabling collaborative, data-driven research on integrative genomic datasets, including any replacements thereof and successors thereto ("Synapse" or the "Service"). Synapse is comprised of a publicly-available portion designed to enable combined analysis of genomic data (the "Synapse Commons"), as well as workspaces on Synapse designated as private by a Synapse user ("Private Workspaces"). Unless otherwise indicated in these Terms, all references to Synapse and the Service include both the Synapse Commons and Private Workspaces.
Please read these Terms carefully. By using Synapse, or downloading, uploading, installing, or using any genomic, molecular, phenotypic and/or other data from human or non-human sources ("Data"), any algorithms, tools, and other software code in source or object form ("Software"), or any other information and content (such content, including Software, is referred to in these Terms as "Content") available on or through Synapse, you agree to be bound by this Agreement and use Synapse and all Data and Content in compliance with this Agreement. If you are using the Service on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind such company or entity to this Agreement.
In addition, when using certain features of Synapse, you also will be subject to the guidelines, terms, and agreements applicable to such features (" Policies"). All such Policies are incorporated by reference into these Terms. If these Terms are inconsistent with any Policy, the terms in the Policy will control to the extent of the inconsistency.
We may periodically make changes to these Terms. We will notify registered users by email of any material changes to these Terms, so please keep your registered email address current. By using Synapse, you accept these Terms and any modifications that we may make to these Terms. It is your responsibility to review the most recent version of the Terms frequently and remain informed of any changes to these Terms. If you continue to use Synapse after we modify these Terms, you will be deemed to have consented to terms of the modified agreement for your use of Synapse as of the date of the modification. If you do not agree to any provision of these Terms, you must not use Synapse.
1. Eligibility
You must be 13 years of age or older to use Synapse. Use of Synapse is void where prohibited. You represent and warrant that any information you submit to the Services or otherwise to Sage Bionetworks, during registration or otherwise, is true and accurate, that you are 13 years of age or older, and that you are fully able and competent to enter into and abide by these Terms. Each account on Synapse may be used by one human, and each human may create only a single account.
2. Account Registration
You must register to use certain features of Synapse. When you register, you agree to (a) provide accurate, current and complete information about you as may be prompted by registration forms on Synapse ("Registration Data"); (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use on Synapse; and (c) maintain and promptly update the Registration Data, and any other information you provide to us, and to keep all such information accurate, current, and complete. You will notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at Synapaseinfo@sagebase.org. If messages sent to an email address provided by you are returned as undeliverable, we reserve the right to terminate your account immediately with or without notice to you and without any liability to you or any third party.
3. Fees; No Refunds
Access to the Service presently is provided to you free of charge. Sage Bionetworks reserves the right to implement fees or change the fees for Synapse, or portions thereof, at any time by providing you notice on Synapse or otherwise.
4. Access to and Use of Data and other Content
a. Overview
Synapse gives registered users the ability to upload and make available to other users Data and Software. Any Data or Software that is posted or transmitted by any user of Synapse other than Sage Bionetworks is referred to in these Terms as "User Materials."
Data will be made available through the Synapse Commons using a three-tier data access system, as discussed in greater detail in the Synapse Commons Data Access and Use Procedure and the Synapse Commons Data Sharing Policy (collectively, the "Synapse Commons Data Terms of Use"). This Section 4(a) contains a brief overview of the three-tier data access systems used for the Synapse Commons, but you should review the Synapse Commons Data Terms of Use carefully. In the event of any conflict or inconsistency between this Section 4(a) and the Synapse Commons Data Terms of Use, the Synapse Commons Data Terms of Use govern to the extent of the conflict or inconsistency.
While it is Sage Bionetworks' policy to promote Data sharing with as few restrictions as possible (Tier 1) on the Synapse Commons, the Synapse Commons accommodates Data sharing under restricted conditions when required by informed consent, legal contract and/or privacy requirements as disclosed by the Data contributor (Tiers 2 and 3). This process is designed to allow Data sharing within the legal and ethical framework for responsible use of genomic Data.
-Tier 1 Data includes Data that may be shared in an open-access manner. Users have authority to access all Tier 1 datasets following agreement to these Terms and Conditions of Use.
-Tier 2 Data access requires agreement to additional Data-specific terms of use. These terms are imposed only when required to maintain protections, regulatory or legal conditions described as part of informed consent or legal contracts enacted during the process of Data generation and disclosed by the Data contributor.
- Tier 3 is reserved for Data requiring additional protections due to inclusion of potentially sensitive information. Tier 3 Data use requires IRB authorization of intended data use as described in the Synapse Commons Data Terms of Use.
Individuals interested in submitting Data to the Synapse Commons must comply with the Synapse Commons Data Terms of Use, including their requirement to work with Sage Bionetworks to ensure that Data is shared using the appropriate terms of use and restrictions.
We take no responsibility and assume no liability for any User Materials posted, stored, or uploaded by you or any third party, or for any loss or damage to any User Materials. Although we have no obligation to screen, edit, or monitor any User Materials posted on or transmitted through Synapse (other than Data posted to the Synapse Commons, to the extent described in the Synapse Commons Data Access and Use Procedure and the Synapse Commons Data Sharing Policy), we reserve the right, and have absolute discretion, to remove and screen, any User Materials posted, stored, or transmitted on or through Synapse at any time and for any reason without notice.
Moreover, although we provide you with the opportunity to use Private Workspaces on Synapse, and to only designate Content and Data as accessible to certain other Synapse users, we make no representation or warranty that access to such Content or Data, or to any Private Workspace, by unauthorized individuals or entities will not occur.
b. Licensing
i. Software and Data
If you post or transmit any Software or Data on or through Synapse, then you grant us and our subsidiaries and affiliates a nonexclusive, royalty-free, no-charge, perpetual, irrevocable, worldwide, fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Materials throughout the world in any media (provided, however, that the preceding right and license extends only to the extent reasonably necessary for us to host such Software or Data on Synapse and to make it available on Synapse and take other actions with respect to such Data as contemplated by these Terms and Conditions of Use and the Synapse Commons Data Terms of Use).
If you post or transmit any Software or Data on or through the Synapse Commons, then, unless you otherwise properly indicate other license terms or other terms and conditions, you grant us, our subsidiaries and affiliates, and all other users of the Synapse Commons a nonexclusive, royalty-free, no-charge, perpetual, irrevocable, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Materials throughout the world in any media.
If you post or transmit any Software or Data to any Private Workspace, you may grant other users of such Private Workspace such rights and licenses as you deem appropriate.
ii. Other User Materials
If you post or transmit any User Materials other than Software and Data on or through Synapse, then, unless we indicate otherwise, you (a) grant us and our subsidiaries and affiliates a nonexclusive, royalty-free, no-charge, perpetual, irrevocable, worldwide, fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Materials throughout the world in any media; (b) grant us, our subsidiaries and affiliates, and all other users of Synapse, a nonexclusive, royalty-free, no-charge, perpetual, irrevocable, worldwide, fully sublicensable patent license to make, have made, use, offer to sell, export, and otherwise transfer such User Materials both on and off of Synapse; and (c) grant us and our affiliates, subsidiaries, and sublicensees the right to use the name that you submit in connection with such User Materials, if we choose.
c. Synapse Commons Data Content, Access and Use Procedures
The Synapse Commons Data Terms of Use govern all use of, and all contributions of, all Data to the Synapse Commons. All use of, and all contributions of, Data on the Synapse Commons must comply with the Synapse Commons Data Terms of Use.
Without limiting the generality of the foregoing, (a) all contributors and users of Data must take all actions described in the Synapse Commons Data Terms of Use with respect to the Data they contribute or use; and (b) your access to and use of certain types of Data may be subject to additional terms and conditions that you will be required to agree to before receiving access to such Data.
Data and Content contributed to Private Workspaces are not reviewed or monitored by Synapse, but all contributions of User Materials (including, without limitation, Data) thereto must comply with these Terms.
d. Representations and Warranties
If you post or transmit any User Materials on or through Synapse, then you represent and warrant that (i) you own and control all of the rights to the User materials that you post or transmit, or you otherwise have the right to post such User Materials to Synapse and to specify use of such User Materials by us and by other users of Synapse; (ii) all Data is de-identified in accordance with the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, as amended ("HIPAA"), (iii) you have obtained any and all consents, waivers, authorizations and/or institutional or independent review board (IRB) approvals necessary to provide the Data for use on the Synapse Commons and/or Private Workspaces, as applicable, and (iv) the use and posting of User Materials you supply does not violate the Synapse Commons Data Terms of Use or these Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for third parties.
5. API Terms . We may offer users the ability to access Data via an application programming interface ("API"). Any use of the API, including use of the API through a third-party product that accesses Synapse, is bound by these Terms and Conditions of Use plus the following specific terms:
6. Use Restrictions
In your use of Synapse, you agree not to:
a. Contribute any Data to Synapse that is not de-identified in accordance with HIPAA;
b. publish, present or otherwise disclose Data or results from analysis of Data obtained through Synapse without properly attributing the Data source using the language provided by the Data contributor of that Data set;
c. redistribute Data in a manner that fails to comply with any provision of the Synapse Commons Data Terms of Use (without limiting the generality of the foregoing, Tier 3 Data may not be redistributed, and Tier 1 and Tier 2 Data may be redistributed, but solely to the extent the redistributing user assures that all subsequent recipients comply with these Terms and Conditions of Use as well as any additional Dataset-specific terms of use);
d. Make any attempt to engage in any use of Data or Content that could potentially harm, marginalize, or discriminate against individuals or populations, whether in insurance, employment, or other manners;
e. Identify, or make any attempt to identify, any individual humans to which any Data pertains;
f. Create a false identify, impersonate another person or entity in any way, or falsely imply that any third-party service is associated with Synapse;
g. Upload or otherwise transmit to or through Synapse any information, content, or materials that infringe, misappropriate, or violate any patent, trademark, trade secret, copyright or other rights of any party, including by incorporating any such material in User Materials;
h. Upload or otherwise transmit to or through Synapse any User Materials that violate, or cause us or our affiliates to violate, any applicable law, regulation, or order of any governmental authority in any jurisdiction;
i. Upload or otherwise transmit to or through Synapse any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable User Materials of any kind, or any User Materials that can cause harm or delay to Synapse or computers or networks of any kind;
j. Upload or otherwise transmit any trade secrets or information for which you have any obligation of confidentiality;
k. Upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise);
l. Restrict, discourage or inhibit any person from using Synapse;
m. Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of Synapse or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, the authorized features of Synapse, or by law, or otherwise attempt to use or access any portion of Synapse other than as intended by us;
n. Reproduce, distribute, publicly display, publicly perform, sell, trade, resell or exploit any portion of Synapse, use of Synapse, access to Synapse or Content obtained through Synapse, for any purpose other than expressly permitted by these Terms, including, by way of example and not limitation, by doing or engaging in any of the following without our express written consent:
i. framing, embedding and/or passing off Data or Content obtained from Synapse in such a manner as to present it as originating from a source other than Synapse;
ii. altering or bypassing any approved software or other mechanisms through which Synapse or any of its Data or Content is made available; and
iii. using any trademarks, service marks, design marks, logos, photographs or other content belonging to us or obtained from Synapse.
o. Gain unauthorized access to Synapse, to other users' accounts, Private Workspaces, names or personally identifiable information, to any other Data or Content on Synapse, or to other computers or websites connected or linked to Synapse;
p. Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of Synapse or communications equipment and computers connected to Synapse;
q. Remove, disable, damage, circumvent or otherwise interfere with any security-related features of Synapse, features that prevent or restrict the use or copying of any part of Synapse or any Data or Content on Synapse, features that limit or prevent access to Private Workspaces, or features that enforce limitations on the use of Synapse or any Data or Content on Synapse;
r. Use any scraper, spider, robot or other automated means of any kind to access Synapse, except and solely to the extent permitted by these Terms and the features of Synapse, deep-link to any feature or any Data or Content on Synapse, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Synapse;
s. Use excessive bandwidth, whether through our API or otherwise, and as determined by us in our sole discretion, on the Service (if your bandwidth usage significantly exceeds the average bandwidth usage of other Synapse users, as determined by us in our sole discretion), we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption);therwise, and as determined by us in our sole discretion, on the Service (if your bandwidth usage significantly exceeds the average bandwidth usage of other Synapse users, as determined by us in our sole discretion), we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption);
t. Interfere with or disrupt Synapse, networks or servers connected to Synapse or violate the regulations, policies or procedures of such networks or servers;
u. Intentionally or unintentionally violate any applicable federal, state or local laws or regulations or these Terms;
v. Upload or otherwise transmit any User Materials that, in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying Synapse or any portion thereof, or that may expose us or our users to harm or liability of any nature; or
w. Assist or permit any persons in engaging in any of the activities described above.
Additionally, you acknowledge the following in connection with your use of the Service:
a. We use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate Synapse.
b. Technical processing and transmission of Synapse, including Data, Software, and other Content made available thereon, may be unencrypted and involve (i) transmissions over various networks and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
7. Modifications to Synapse
We reserve the right to modify, discontinue, and restrict, temporarily or permanently, all or part of Synapse (including, without limitation, any
Content or Data available on or through Synapse) without notice in our sole discretion. Neither we nor our suppliers or licensors, nor any other
Synapse users, will be liable to you or to any third party for any modification, discontinuance, or restriction of Synapse or any deletion of any
Content or Data stored on, or otherwise associated with, your account on Synapse.
8. Term and Termination
Your account remains in effect unless you cancel it or unless Sage Bionetworks terminates your account as provided by these Terms. To terminate your account, please email Sage Bionetworks at Synapseinfo@sagebase.org. Notwithstanding any provision of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your account and to block, restrict, and prevent your future access to, and use of, Synapse. If your account is terminated for any reason, we reserve the right (but do not have the obligation) to delete any and all Data, Software, and other Content stored upon or otherwise associated with your account on Synapse, including on the Synapse Commons and on any Private Workspaces. Additionally, for avoidance of doubt, notwithstanding any termination of your account, all provisions of these Terms that by their nature should survive the termination of your license to access the Service, use the Content or Software, or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.
9.
Feedback
Any materials, including but not limited to comments, suggestions, identifying potential errors and improvements, ideas, or other information, provided
by you in the form of email or other submissions to us (collectively, "Feedback"), are non-confidential and you hereby grant to us and our
subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use your Feedback for any purpose
without compensation or attribution to you.
10. Copyright Infringement
We respect the intellectual property rights of others, and ask you to do the same. It is our policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on Synapse in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed, and identification of the time(s) and date(s) the material that you claim is infringing was displayed on Synapse; (c) your address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you believe that your User Materials that were removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the copyright agent: (a) your physical or electronic signature; (b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (c) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (d) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Seattle, Washington, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Our designated agent for notice of copyright infringement can be reached at:
Sage Bionetworks
Attention: Jonathan Izant
1100 Fairview Ave N
Seattle WA 98109
Info@sagebase.org
11.
Trademarks
"Sage Bionetworks," "Synapse," "Synapse Commons," "SageBio," "Sage Bionetworks Commons," the Synapse logo, the Sage Bionetworks logo, and any other
product or service name or slogan contained on Synapse are trademarks or registered trademarks of Sage Bionetworks and its suppliers or licensors, and
may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. All other
trademarks, registered trademarks, product names and company names or logos mentioned on Synapse are the property of their respective owners. Reference
to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply
endorsement, sponsorship, or recommendation thereof by us, or vice versa.
12.
Ownership
We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to Synapse.
Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.
13. Third-Party Content
Synapse may contain links to Web pages and content of third parties ("Third-Party Content") as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness.
Additionally, if you follow a link or otherwise navigate away from Synapse, please be aware that these Terms will no longer govern, other than with respect to Content you have obtained on Synapse, with respect to your activities off of Synapse. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from Synapse. You access and use Third-Party Content at your own risk.
14.
Indemnification
You will defend, indemnify and hold harmless Sage Bionetworks, its subsidiaries, affiliates, partners and third-party advertisers and their respective
directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not
limited to, reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any
rights of a third party.
15. Disclaimer of Warranties
THE SERVICE (INCLUDING ITS CONTENT AND DATA), ANY USER MATERIALS, AND ANY THIRD-PARTY CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE ON OR
THROUGH OR IN RELATION TO THE SERVICE, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," "WITH ALL FAULTS" BASIS WITHOUT REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOUR
USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT OR DATA ACCESSIBLE ON OR THROUGH THE SERVICE (INCLUDING USER MATERIALS), IS
AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SAGE BIONETWORKS AND ITS OFFICERS, DIRECTORS, LICENSORS, AND SUPPLIERS, HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAGE BIONETWORKS, ANY EMPLOYEE OR REPRESENTATIVE OF SAGE BIONETWORKS OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SAGE BIONETWORKS AND ITS OFFICERS, DIRECTORS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY CONTENT OR DATA (INCLUDING USER MATERIALS) AVAILABLE THROUGH THE SERVICE, WILL BE SECURE, UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN CONTENT AND DATA (INCLUDING USER MATERIALS) THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
additionally, sage BIOTNETWORKs AND ITS LICENSORS AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY REGARDING THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS (INCLUDING, WITHOUT LIMITATION, RIGHTS UNDER PATENTS) THAT MAY APPLY TO THE USE OF ANY CONTENT OR DATA (INCLUDING USER MATERIALS) AVAILABLE ON OR THROUGH SYNAPSE.
YOU MUST NOT MAKE ANY REPRESENTATION OR WARRANTY ON BEHALF OF SYNAPSE OR ANY OTHER SYNAPSE USER REGARDING SYNAPSE OR ANY DATA, SOFTWARE, OR OTHER CONTENT THAT YOU OBTAIN ON SYNAPSE, EXCEPT TO THE EXTENT AS MAY BE EXPLICITLY PERMITTED BY A SYNAPSE USER WITH RESPECT TO DATA, SOFTWARE, OR OTHER CONTENT PROVIDED BY SUCH SYNAPSE USER.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
16. Limitation of Liability
IN NO EVENT WILL SAGE BIONETWORKS OR ITS OFFICERS, DIRECTORS, LICENSORS, OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICE OR ANY CONTENT
OR DATA (INCLUDING USER MATERIALS) MADE AVAILABLE THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA,
OR OTHER INTANGIBLE LOSSES (EVEN IF Sage Bionetworks OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES).
THE MAXIMUM TOTAL LIABILITY OF Sage Bionetworks AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS under these terms or otherwise in connection with the service and any content OR DATA (INCLUDING USER MATERIALS), WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $50.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SAGE BIONETWORKS, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SAGE BIONETWORKS, SAGE BIONETWORKS' AND ITS LICENSORS' AND SUPPLIERS' LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17. Consent to Electronic Communications
By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and
information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you
electronically will satisfy any legal communication requirements, including that such communications be in writing.
18. General Legal Notices
Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.
These Terms are governed by the laws of the State of Washington, excluding conflict of laws principles. Any controversy or claim arising out of or relating to the Service or these Terms must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in King County, Washington and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Washington law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.
These Terms, including all Policies, constitute the entire agreement between you and Sage Bionetworks concerning Synapse, as well as all Content and Data (including User Materials) available on or through Synapse. These Terms supersede all prior agreements or communications between you and Sage Bionetworks regarding the subject matter of these Terms.
19.
Questions & Contact Information
If you have any questions or concerns about the Service, or these Terms, you may contact Sage Bionetworks through our website by [www.sagebase.org] or
write us at:
Sage Bionetworks
Attn: Jonathan Izant
1100 Fairvew Ave N
Seattle WA 98109