Terms Of Service

The following Terms of Service apply when you use the Tresata HEALTHi iOS application (the “Service”) provided by Tresata Inc. (or “Tresata”). Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Service. If you do not agree to these Terms of Service, you may not access or use the Service. Tresata may terminate your use of the Service and/or take appropriate legal actions if you violate these Terms of Service.

PRIVACY POLICY

Tresata respects the privacy of its users. Please refer to our Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy.

USE RESTRICTIONS

Tresata grants you a limited, non-exclusive, non-transferable license to access, use, and privately display the Service and the features, information, pictures and other data contained therein only for personal, non-commercial purposes.

Your permission to use the Service is conditioned upon your agreement that you will not:

  • use the Service in a manner that is inconsistent with applicable law;
  • access, tamper, or use any non-public areas of our Service without authorization;
  • interfere or attempt to interfere with the proper functioning of the Service; and
  • engage in automated use of the Service, or take any action that we deem to impose or to potentially impose an unreasonable large load on our Service.

INTELLECTUAL PROPERTY

Tresata retains all right, title and interest in and to the Service, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights unless explicitly stated otherwise. Except as otherwise provided in this agreement, you may not, and may not permit others to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of the Service; (ii) sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit the Service; or (iii) circumvent or disable any security or technological features of the Service.

ACCESS

Tresata may discontinue, suspend, terminate or block access to this Service at any time in its sole discretion. Tresata has no obligation to compensate you for any discontinuation, suspension, termination or blockage of access to this Service.

DATA SOURCES

All data displayed regarding COVID cases, deaths and testing are attributed to JHU CSSE COVID-19:  git@github.com:CSSEGISandData/COVID-19.git and available under the Creative Commons Attribution 4.0 license: https://creativecommons.org/licenses/by/4.0/

Testing data sourced from JHU CSSE COVID-19 is attributed to The COVID Tracking Project and available under the Creative Commons Attribution 4.0 license: https://creativecommons.org/licenses/by/4.0/

US Census Bureau: https://www.census.gov/data.html

US NBER: https://data.nber.org/data/county-adjacency.html

Robert Wood Johnson Foundation: https://www.countyhealthrankings.org/explore-health-rankings/rankings-data-documentation

HIFLD: https://hifld-geoplatform.opendata.arcgis.com/datasets/hospitals/data

State & Local Governments and local news reports.

REFERENCES

RT.Live- Implementation of Rt: https://github.com/k-sys/covid-19/blob/master/Realtime R0.ipynb

LINKS TO OTHER SITES

The Service may provide you with links to third party websites. Tresata has no control over and is not responsible for these websites or the materials, information, goods, or services available on these websites. If you elect to visit these websites, you do so at your own risk.

DISPUTE JURISDICTION

If you seek to file a legal claim against us, you agree to file and resolve it exclusively in a federal court located in the state of North Carolina. You also agree that the laws of the State of Delaware and, to the extent applicable, the laws of the United States of America will govern these Terms of Service, as well as any legal claim that might arise between you and us (without reference to conflict of laws principles). You agree to submit to the personal jurisdiction of, and agree that the venue is proper in, the courts located in the state of North Carolina, in any legal action or proceeding relating to us or these Terms of Service.

DISCLAIMERS

Your use of the Service is at your sole risk. We provide the Service on an “as is” and “as available” basis, and we expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that our services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure.

LIMITATION OF LIABILITY

Tresata will not be liable to you or to any other party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether you were advised of the possibility of such damage.

INDEMNIFICATION

You shall indemnify and hold harmless Tresata from and against all claims and liabilities (including claims by third parties) and costs and expenses (including attorneys fees) incident thereto or incident to successfully establishing the right to indemnification, for injury or death of any person or persons, including your employees, if any, arising out of or in any way relating to your breach of the terms of this License and/or your utilization of the Service, whether or not arising in tort or occasioned by the negligence of Tresata, except to the extent of any obligation, liability, claim or remedy in tort due to the recklessness or willful misconduct of Tresata. Your obligations under this indemnity will survive the expiration, termination, completion or cancellation of this License.

GENERAL PROVISIONS

These Terms of Service, and any other document expressly incorporated herein, set out the entire agreement between you and Tresata concerning the and they replace all earlier agreements and understandings between you and Tresata. If any part of these Terms of Service is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible Tresata’s original intentions and the remainder of these Terms of Service shall remain valid and enforceable. Tresata’s failure to exercise or enforce any of its rights under these Terms of Service does not waive Tresata’s right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by Tresata.

EFFECTIVE DATE & CHANGES

These Terms of Service are effective July 30, 2020.

These Terms of Service may be updated from time to time for any reason. We will notify you of any changes to our Terms of Service by posting the new Terms of Service here. You are advised to consult this Terms of Service regularly for any changes, as continued use is deemed approval of all changes.

Contact

If you have any questions concerning these Terms of Service, you may contact us at curious@tresata.com.

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