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Website Terms of Use

Data Driven Health and its websites including FluDemic™ (referred to herein as Application) provide an evolving public resource of data-driven insights for COVID-19 and Influenza among others. Their platforms include multiple clinical and non-clinical data sources, intended to assist individuals, stakeholders, and organizations in decision-making.

The FluDemic™ website has links to other Federal and State agencies, and in a few cases links to private organizations. The inclusion of external hyperlinks does not constitute endorsement or recommendation by the U.S. Government, HHS, or CDC of the linked Web resources or the information, products, or services contained therein. Please refer to each individual resource (found in the About section) for privacy and copyright information.

Available data and information is changing daily, and so the models and output of the sites that we link to will likely change given new data, a change in modeling approach, or other reasons. Those sites provide further information about any limitations of their models and the information provided.

Contingent upon your compliance with these Terms of Use, you are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use this Application and its content for noncommercial personal use and for no other purpose. Data Driven Health reserves the right to bar, restrict, or suspend any user’s access to this or related Applications, and to terminate this license at any time for any reason. Data Driven Health reserves any rights not explicitly granted in these Terms of Use.

Unless otherwise stated in these Terms of Use, you may not (1) modify, adapt, alter, translate, create derivative works of this Application; (2) copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell; (3) sublicense, transfer, decompile, reverse engineer, or incorporate into any information retrieval system, this Application, any Application content, or any portion thereof; (4) interfere in any manner with the operation of this Application; (5) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to this Application; (6) create a database by downloading and storing our software; (7) use any robot, spider, site search/retrieval application or other manual or automatic device to index, retrieve, “scrape,” “data mine” or in any way gather information from this Application or reproduce or circumvent the navigational structure or presentation of this Application. Further, you may not (1) use this Application for any unauthorized or illegal purpose or activity, (2) interfere with the proper working of this Application, or (3) interfere with any other person’s use and enjoyment of this Application.

These terms of use constitute a legally binding agreement between you and Data Driven Health regarding your use and access to this Application. By using this Application, you agree to the Terms of Use. Data Driven Health reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use on this Application. You are responsible for regularly reviewing the Terms of Use posted to this Application.

This Application’s Privacy Policy is incorporated by this reference.

Certain features of our Application may be available only with registration, login, and/or paid subscription. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and must be kept confidential. Data Driven Health is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information.

For information about Data Driven Health’s use and protection of your personal information, please read the Data Driven Health Privacy Policy which is incorporated into and made a part of these Terms of Use.

You warrant that you will abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Application, and will not interfere with the use and enjoyment of this Application by others or with Data Driven Health’s operation and management of this Application. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on this Application, including without limitation any information required to be provided through a registration form. If any false, inaccurate, untrue, unauthorized, or incomplete information is submitted by you, Data Driven Health reserves the right to terminate your access and use of this Application. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using this Application, or otherwise defame or harm any party, including Data Driven Health through your use of this Application.

The Content of this Application includes, without limitation, (1) trademarks, service marks, logos, brands, brand names, trade dress, trade names, and other distinctive identification of Data Driven Health; (2) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, images, photographs, audio and video materials; and (3) the design, structure, selection, compilation, assembly, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through this Application. The Content is the property of Data Driven Health, its licensors, sponsors, partners, content providers, or other third parties, and is protected by law, treaties, and regulations. The reproduction, transmission, sale, distribution, publication, broadcast, circulation, or dissemination of any Content by you or by you through any other person or entity is prohibited.

Use of the internet and this Application is solely at your risk and is subject to all applicable local, state, national, and international laws and regulations.  Data Driven Health does not guarantee the confidentiality or security of any communication or other material transmitted to or from this Application over the internet or other communication networks. Data Driven Health shall not be obligated to update this Application or the Content, and Data Driven Health shall not be liable for omissions, typographical errors, or out-of-date information which may appear on this Application.

This Application may provide links (including any link through an on-line banner advertisement) to other sites on the internet. These other sites are maintained by third parties over which Data Driven Health exercises no control. The appearance of any such third-party links is not intended to endorse any particular company or product. If you decide to access any of the third-party sites linked to this Application, you do so entirely at your own risk.

This Application and the content are provided "as is" and "as available."  Neither Data Driven Health, its affiliates, subsidiaries, employees, officers, or trustees nor any of its agents, representatives, suppliers, advertisers, promotional partners, or licensors (collectively "Application parties") provide any express or implied representation or warranty of any kind, including without limitation, any representation or warranty that (1) this Application or the content, or any results that may be obtained by you, are complete, accurate, reliable or non-infringing; (2) access to this Application will be uninterrupted, timely, secure, or error free; (3) the quality of any products, services, information or other material purchased or obtained by you through this Application will meet your expectations; or (4) the content will remain unchanged or accessible on the Application. All warranties, express or implied, are disclaimed to the fullest extent permitted by law including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property.

The Application parties shall not be liable, and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising (1) out of the use of or inability to use the Application and/or any content; (2) from any interruption in the availability of the Application and/or content; (3) from any loss of data and/or from any equipment failure; (4) out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from the Application, or transactions entered into, through or from the Application; (5) from unauthorized access to or alteration of your transmissions or data; (6) from statements or conduct of any third party on the Application; (7) from any delay or failure of the Application arising out of causes beyond Data Driven Health’s control; (8) out of the use of, reference to, or reliance on, the content; (9) out of any third party materials, information, products and services contained on, or accessed through, the Application; (10) out of any content, materials, accuracy of information, and/or quality of the products, services or materials provided by or advertised on third party websites; or (11) out of any other matter relating to the Application or content. In the event you are dissatisfied with, or dispute, these Terms of Use, the Applications and/or the Content, your sole right and exclusive remedy is to terminate your use of the Applications, even if that right or remedy is deemed to fail of its essential purpose.

To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless Data Driven Health from and against all claims arising from or in any way related to your use of the Application and/or the Content, a violation by you of these Terms of Use, or any other actions connected with your use of the Application and/or Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees. Data Driven Health will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to Data Driven Health other than under this Section.

These Terms of Use will take effect at the time you begin using the Application. Data Driven Health reserves the right, with or without notice, at any time and for any reason to deny you access to the Application or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with or violate them. You may terminate these Terms of Use at any time by ceasing to use the Application, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the Application, including any Content, in your possession.

These Terms of Use and all matters regarding your use of the Application shall be governed by, construed in accordance with, and enforced under the laws of the State of Florida without regard to choice of law principles of any jurisdiction. We may without notice to you assign our rights and duties under these Terms to any party at any time. Failure to enforce or insist on strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. You agree that any legal action or proceeding between us and you in any way related to these Terms shall be brought exclusively in a court of a competent jurisdiction sitting in southern Florida. Any cause of action or claim you may have against or involving us must be commenced within one year after the claim or cause of action arises. Neither the course of conduct between the parties nor trade practice shall modify the provisions of these Terms. The invalidity or unenforceability of any provision shall not in any way affect the validity or enforceability of the rest of these Terms. These Terms constitute the entire agreement between you and us regarding your use of this Application, and it supersedes all prior agreements, representations, proposals and other communications with respect to this Application and its content.

Waiver and Severability. The failure of Data Driven Health to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.