Legal | Terms of Use

MonQcle Terms of Use

February 2020, Version 3.0

Terms of Use Overview

  1. Introduction
  2. Account
  1. Eligibility
  2. Use
  3. Terminating Your Account
  4. Changes to the Terms of Use
  5. Account and Password
  1. Rights
  1. Proprietary Rights Owned by Temple University
  2. Proprietary Rights Owned by Users
  3. Privacy Policy
  1. Rules
  1. General Rules
  2. Compliance with Laws
  3. Sources of Legal Text
  1. Payment
  1. Subscription Plans
  2. U.S. Export Controls
  1. Liability
  1. Limitation of Liability
  2. No Warranties
  3. Indemnity
  4. Damages
  5. Disclaimer
  1. Other Contract Terms
  1. Assignments
  2. Notice to U.S. Government End Users
  3. Choice of Law
  4. Force Majeure
  5. Survivability
  6. Severability
  7. Amendments and Waiver
  8. Notices
  9. Entire Agreement

Introduction

Thank you for using MonQcle. Please read these Terms of Use (“Terms”) carefully. By using MonQcle, you are agreeing to these Terms. This is a legal agreement. These Terms of Use also include our Privacy Policy and Acceptable Use Policy.

MonQcle is owned and operated by the Center for Public Health Law Research at Temple University’s Beasley School of Law, located at 1819 N. Broad Street, Barrack Hall Suite 300, Philadelphia, PA, 19122. The Center for Public Health Law Research at Temple University’s Beasley School of Law will be referred to as “CPHLR” under these Terms. MonQcle is Software as a Service and will be referred to as the “Service” under these terms. Users of this Service will be referred to “User” or “you” under these Terms.

Account

  1. Eligibility

Users of the free trial version are still bound to these Terms.

For every paid subscription to use the Service, you must:

  1. Agree to the Terms; and
  2. Provide true, complete, and up-to-date contact information.

By using the Service, you represent and warrant that you meet all the requirements listed above and that you will not use the Service in a way that violates any laws or regulations. CPHLR may refuse, close accounts of any users, and change eligibility requirements at any time. If you create an account on the behalf of a company or other entity, you are representing that you have the authority to accept these Terms on their behalf.

  1. Use

For purposes of this agreement, your use begins when you create a free trial account or a paid account with the Service and continues as long as you maintain your subscription and your right to access the system and store information on it, subject to the terms of any service agreement that may accompany your account subscription.

  1. Terminating Your Account

You or CPHLR may terminate this agreement at any time and for any reason by giving notice to the other party. CPHLR may suspend the Service to you at any time, with or without cause. If CPHLR terminates your account without cause, you will be refunded according to our Payment Policy. CPHLR will not refund you if your account is terminated for cause, such as a violation of these Terms, the Acceptable Use Policy, or the Privacy Policy. Once terminated, we may permanently delete your account and all data associated with it.

  1. Changes to the Terms of Use

CPHLR may change any of the Terms by posting a revised Terms of Use on MonQcle.com. The new Terms will be effective immediately and apply to any continued or new use of the Service. We may change the Service and any of its features at any time.

  1. Account and Password

You are responsible for any use of an account you have access to whether or not you authorized the use. You must immediately notify CPHLR of any unauthorized use of your account. You are also responsible for keeping your account name and password confidential. We are not responsible for any losses due to stolen passwords.

Rights

  1. PROPRIETARY RIGHTS OWNED BY TEMPLE UNIVERSITY

You shall respect our proprietary rights in the Service and the software used to provide the Service, including our patents, trademarks, and copyrights. Subject to any existing service agreement between you and CPHLR, you grant to CPHLR a paid-up, royalty free, world-wide, delegable and transferable license to all data you create and store on the MonQcle. CPHLR may display, repackage, reanalyze, publish or sell the data without payment or notice to the user.

  1. Proprietary Rights Owned by Users

CPHLR retains the right to view any data maintained in the system. Your access to your data is contingent upon maintaining a paid or other subscription agreement with CPHLR. CPHLR reserves the right to delete data that has been created by a user whose subscription has lapsed.

  1. Privacy Policy

We may use and disclose your personal account information according to the MonQcle Privacy Policy. The MonQcle Privacy Policy is considered a part of these Terms.

Rules

  1. General Rules

By accepting these Terms, you promise to follow the following general rule: You will not violate our Acceptable Use Policy and Privacy Policy, which are considered a part of these Terms. If you violate either of these general rules, CPHLR may suspend or terminate your account. If you have reason to believe anyone is violating any of these Terms, please notify CPHLR immediately.

  1. Compliance with Other Laws

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. If you or your work are subject to any other laws, regulations or contracts, and you use the Service, CPHLR will not be liable if the Service does not meet those requirements.

  1. Sources of Legal Text

You understand that many commercial and non-commercial providers of legal text protect the information they provide under copyright or contractual provisions. As a user of the Service, you agree to abide by these stipulations and to load and store in the MonQcle only digital legal text that has been obtained from a non-restricted source or entered manually from a published source. User will indemnify and hold harmless CPHLR in the case that a licensor or copyright holder claims that the user has violated its rights.

Payment

  1. SUBSCRIPTION PLANS

The subscription plan amounts may be changed at any time by CPHLR. We will notify you of any changes that impact your subscription.

  1. U.S. EXPORT CONTROLS

The software that supports the Service is subject to United States export controls. None of the software may be downloaded or otherwise exported in violation of United States export laws. You are downloading and using the software at your own risk.

    Liability

    1. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS THAT RESULTS FROM YOUR USE OF THE SERVICE, INCLUDING ANY DOWNLOADS FROM THE SERVICE. THE CENTER FOR PUBLIC HEALTH LAW RESEARCH AT TEMPLE UNIVERSITY’S BEASLEY SCHOOL OF LAW, AND ITS EMPLOYEES WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES UNDER ANY CIRCUMSTANCES, EVEN IF THEY ARE BASED ON NEGLIGENCE OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

    1. No Warranties

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE PROVIDE THE MATERIAL ON THE SERVICE AS IS. WE DO NOT PROVIDE WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

    1. Indemnity

    You agree to indemnify and hold the Center for Public Health Law Research at Temple University’s Beasley School of Law harmless for any losses (including attorney fees) that result from claims made that are not allowed under these Terms due to a Limitation of Liability or other provision within these Terms. You also agree to indemnify and hold CPHLR harmless from any losses (including attorney fees) that result from third-party claims that you or a person using your account acted in violation of any of these terms.

    1. Damages

    If CPHLR files an action against you for breach of these Terms and CPHLR prevails, CPHLR is entitled to recover reasonable attorney fees and any damages or other relief awarded.

    1. DISCLAIMER

    MonQcle is intended to help users create datasets containing information on the state of the laws by using the policy surveillance processes. We do not provide legal representation or advice. The information available on published sites powered by MonQcle should not be considered legal advice or a substitute for obtaining legal advice from an attorney who can represent you. If you have specific legal questions, we recommend that you consult with an attorney familiar with the laws of your jurisdiction.

     Other Contract Terms

    1. Assignment

    You may not assign any of your rights under these Terms to anyone else. CPHLR may assign its rights to any other individual or entity at its discretion.

    1. Notice to U.S. Government End Users

    The Service, including all documents associated with the Service, are “Commercial Item(s)” as defined at 48 C.F.R. Section 2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (1) only as Commercial Items, (2) with the same rights as all other end users, and (3) according to the Terms. Published and Unpublished rights are reserved under the copyright laws of the United States.

    1. Choice of Law

    The laws of the Commonwealth of Pennsylvania, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service. You agree to venue in the state or federal courts of Pennsylvania.

    1. Force Majeure

    The Center for Public Health Law Research at Temple University’s Beasley School of Law will not be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to: strikes, riots, blockades, war, terrorism, natural disasters, acts of God, changes to laws or regulations, or acts of hackers or third-party internet service providers.

    1. Survivability

    Even if the agreement is terminated, the following sections will still continue to apply: Proprietary Rights Owned by the Center for Public Health Law Research at Temple University’s Beasley School of Law, Proprietary Rights Owned by Users, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

    1. Severability

    If a section of these Terms is found to be unenforceable, that section will be removed or edited as necessary. The rest of the Terms will still stand.

    1. Amendments and Waiver

    Any amendments to these Terms will not be effective until we post the revised Terms to the Service. If CPHLR does not immediately take action on a violation of these Terms, CPHLR is not giving up any rights under the Terms. CPHLR still may take action.

    1. Notice

    Any notice to you will be effective when it is posted on the Service. Any notice to CPHLR will be effective when delivered to the Center for Public Health Law Research at Temple University’s Beasley School of Law, located at 1819 N. Broad Street, Barrack Hall Suite 300, Philadelphia, PA, 19122, or any addresses that may be posted later to MonQcle.com. In the event of a security breach, CPHLR will notify you of the breach and provide a description of the event.

    1. Entire Agreement

    These Terms, our Acceptable Use Policy and our Privacy Policy (all of which are incorporated into these Terms by reference), and any additional terms or service agreements you have agreed to make up the entire agreement and supersede all prior agreements and understandings.