Terms of Use

Agreement to Terms of Use

The terms and conditions set out hereinafter (collectively, “Terms of Use”) apply to the Geometric Data Analytics, Inc. (“GDA”) website located at https://geomdata.com and all related sites linked therewith by GDA and its subsidiaries and affiliates (collectively, “Site”). The Site is the property of GDA and its licensors. By using the Site, you agree to the Terms of Use; if you do not agree to the Terms of Use, do not use the Site.

GDA expressly reserves the right, at any time, in its sole and exclusive discretion, to modify, amend, add, and delete portions of the Terms of Use. It is your responsibility in use of the Site to review the Terms of Use so that you are fully informed of them, including any changes that have been made by GDA subsequent to any earlier uses of the Site by you. Your continued use of the Site subsequent to such changes means that you accept and agree to the Terms of Use incorporating such changes.

As long as you comply with the Terms of Use, GDA grants you a non-exclusive, non-transferable privilege to enter and use the Site.

Content and Usage of the Site

All text, graphics, photos, artwork, sounds, music, trademarks, service marks, logos, visual interfaces, machine interfaces, software, programs, and computer code that is contained on the Site including its form, arrangement, relationship, expression, elements, design, selection, structure, perceptible character, and specification (collectively, “Content”) is owned, controlled, or licensed to or by GDA, and is protected by proprietary rights under applicable intellectual property and unfair competition laws.

Except to the extent expressly authorized by the Terms of Use, you may not copy, republish, reproduce, publicly display, post, upload, translate, encode, transmit, or distribute to any other computer, server, processor, network, website, webpage, or medium, for publication, distribution, or commercialization, any part of the Site or Content, without the express prior written consent by GDA.

You may not use or attempt to use any automatic devices, methods, algorithms, or programs, or manual counterparts thereof, to copy, monitor, access, or capture any Content or portion of the Site, to obtain or attempt to obtain any information, files, or computer code by any means not purposely made available by or through the Site. You may not attempt to obtain unauthorized access to (i) the Site, or any part or feature thereof, (ii) servers, systems, or networks connected to the Site, or (iii) services offered on or through the Site, by any unlawful means. You may not breach or attempted breach any authentication or other security measures on the Site or any network that is connected to the Site. You may not use any devices, methods, algorithms, programs, or other means to interfere or attempt to interfere with the proper operation of the Site, or authorized use of the Site by others. You may not use or attempt to use the Site or any Content for any purpose that is unlawful or prohibited by the Terms of Use or that infringes the rights of GDA or others.

You agree that you will use the Site and Content only in a lawful manner.

Software Functionality and Performance

The Content on the Site includes GDA’s IM3UNE™ software, providing an early stage and developmental tool for monitoring and modeling the Covid 19 pandemic, including hospitalization forecasts/predictions at different geographical resolution, and utilizing JHUAPL-Bucky software licensed from Johns Hopkins University Applied Physics Laboratory as a component of (the IM3UNE™ software and the JHUAPL-Bucky software, collectively, “Software”). 

These Terms of Use are not a license of the Software; instead, they govern the use and output of the Software (“Results”). To the extent that any Results of the Software, including copies or substantial portions of the Software, may be attributed to GDA, the following provisions of these Terms of Use shall apply.

THE SOFTWARE AND RESULTS ARE NOT INTENDED FOR USE IN THE EVENT OF A MEDICAL EMERGENCY. 

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL GDA, OR ITS AFFILIATES OR SERVICE PROVIDERS, BE LIABLE FOR ANY CLAIM, DAMAGES, LOSS, OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OF OR OTHER DEALINGS IN THE SOFTWARE.

The Results of the Software may include projections that are subject to the quality and availability of the data provided by the user.  Accordingly, the Results may only be useful for short-term projections at a county, state or national level to an extent that is constrained by data quality, modeling assumptions, and model calibration. 

THE RESULTS OF THE SOFTWARE THEREFORE ARE UNDERSTOOD AND AGREED TO BE PROVIDED “AS IS” AND “AS AVAILABLE.” GDA EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, PROMISES OR GUARANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OF, CONCERNING, OR RELATING TO THE RESULTS, AND THEIR ACCURACY, PREDICTIVE CHARACTER, USE, AND RELIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GDA, AND ITS AFFILIATES AND SERVICE PROVIDERS, HEREBY DISCLAIM AND WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE RESULTS.

The Results of the Software project at a population level and not for a specific individual. THE RESULTS DO NOT MAKE OR CONSTITUTE ANY MEDICAL DIAGNOSES, DO NOT PRESCRIBE ANY TREATMENT OR PROPHYLACTIC ACTION, AND ARE NOT INTENDED TO BE RELIED ON WITH RESPECT TO INDIVIDUAL MEDICAL CONDITIONS, DISEASE SUSCEPTIBILITY, TREATMENT OPTIONS, PROGNOSES, OR OUTCOMES. If you have a medical emergency, you should contact your healthcare provider or local emergency number immediately.

With respect to the Software and Results, you further agree that:

(i) you will not use or attempt to use the Software or Results in connection with or furtherance of any criminal or civil violations of applicable regional, state, federal, or international laws, regulations or other government requirements, including, without limitation: theft or infringement of copyrights, trademarks, trade secrets or other forms of intellectual property; fraud; forgery, theft or misappropriation of funds, credit cards or personal information; and threats of physical harm or harassment; 

(ii) you will not use or attempt to use the Software or Results in any manner that has the purpose and/or effect of malicious confusion of public health messaging; and

(iii) you will not use or attempt to use the Software or Results to violate the security of any network, service or other system. Examples of correspondingly prohibited activities include, without limitation: hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software.

User Privacy and Personal Data

The Software as provided by GDA does not collect, permanently store, or transmit any personal data, and GDA does not know or obtain the identity of users of the Software.

Copyright and Permission Notices Required By Licensed JHUAPL-Bucky Software

The copyright and permission notices, regarding the JHUAPL-Bucky software licensed by GDA from Johns Hopkins University Applied Physics Laboratory, are set forth below, in compliance with the appertaining license:

Copyright (c) 2020 The Johns Hopkins University Applied Physics Laboratory LLC.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "JHU Software"), to deal in the JHU Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the JHU Software, and to permit persons to whom the JHU Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the JHU Software.

THE JHU SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE JHU SOFTWARE OR THE USE OR OTHER DEALINGS IN THE JHU SOFTWARE.

Comments and Submissions

GDA welcomes your comments. All comments, suggestions or other information sent by you to GDA or its advertisers or business partners concerning the Software, whether solicited or not, shall be the property of GDA, including all intellectual property rights therein, and you expressly acknowledge and agree that any such submissions are made without any expectation or obligation of any review, compensation or consideration by GDA hereunder.

Indemnification

You hereby agree to indemnify and hold harmless GDA, and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors, contractors and/or others involved with the Software, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of these Terms of Use or your use of any products, services or information obtained from the Site, Content, Software, or Results.

Rights, Remedies, and Recourse for Violation of Terms of Use

You agree that in the event of your failure to comply with the Terms of Use hereof, GDA shall have the right to immediately terminate your access to the Site and your use of the Software, and to the extent of any unlawful actions in breach of the Terms of Use hereof, GDA shall have and retain all lawful rights, remedies, and recourse against you for such breach.

Applicable Governing Law

These Terms of Use shall be interpreted, construed, and governed in all respects by and in accordance with the laws of the State of North Carolina, U.S.A., without regard to its conflicts of law principles. 

With respect to any legal action relating to or arising in connection with the Site, Content, Software, or Results, you hereby consent and submit to the exclusive jurisdiction of the State and Federal courts located in North Carolina, with venue in Wake County, North Carolina U.S.A.