This Agreement applies whether you are accessing the LAMPS Platform via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a “Device”). This Agreement governs the use of the content related to the Platform. These terms and conditions regarding your use of the Platform constitute a legally binding agreement between you and HC Info. In this Agreement, the term “Platform” includes all content of any nature within the Platform. By using the Platform, you understand, acknowledge and agree that you will abide by the terms of this Agreement. This Agreement will remain in full force and effect as long as you are a user of the Platform. The words “use” or “using” in this Agreement, means any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Platform, transmit, receive or exchange data or communicate with the Platform, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Platform, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content. This is the entire and exclusive Agreement between you and HC Info regarding use of the Platform and it cannot be modified, except as specifically described below in Section 2.
2. Modifications: We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes in the Platform and/or e-mail you or notify you upon login about these changes; the form of such notice is at our discretion. Once we post them on the Platform, these changes become effective immediately and if you use the Platform after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
3. Ownership Of Intellectual Property: The contents and output of the Platform, including all software, design, source code, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, data, analytics, results, reports (including both graphical and tabular output), all functions including water management plan creation, notifications, and auditing; proprietary information and all copyrightable or otherwise legally protectable elements and output of the Platform, including, without limitation, the selection, sequence and “look and feel” and arrangement of items, and all HC Info trademarks, service marks and trade names (individually and/or collectively, “Materials”), are the property of HC Info, its Affiliates, and any of their successors and assigns, and any of their respective licensors, suppliers, and service providers, and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties.
In regards to any data input into the Platform and the data output of the Platform (collectively the “Data”), HC Info does not and will not sell or share such Data that a user enters or imports into the Platform. A user’s Data is used by HC Info for analytics and reports for that particular user’s benefit. HC Info takes all commercially reasonable measures to protect the confidentiality, availability, and security of the Data. However and notwithstanding the foregoing, HC Info may apply analytics and/or machine learning for aggregate, anonymous Data, across all user sites. This may take into account the location(s) of a user’s site(s), which HC Info will limit to a 3-digit zip code in order to protect each user’s identity. This aggregate Data may also be used, free of charge or for a charge, for public health research or made available to government health officials, universities, or other researchers to study. Lastly, HC Info may use the Data for product enhancement purposes including but not limited to discovering key relationships between water quality parameters and the like.
Unless the context clearly requires otherwise or we explicitly say so in writing, the “Platform” includes “Materials” as detailed above as well. Water Management Plans (WMPs), Validation Data Analytics (VDA), and Sensor Data Analytics (SDA) are sold by HC INFO on a site specific basis. Therefore, the purchase of access to a WMP, VDA, or SDA site from HC Info gives you a nonexclusive, nontransferable right to use the Platform WMP, VDA, or SDA sections to which access was purchased for one building or multiple buildings located on one campus, during the term purchased. For the avoidance of doubt it is understood that this limitation does not apply to the Platform’s Training Bundles and e-Learning Courses, which are sold on a per-user basis. Access to the Platform and any content, data, analytics, results or reports generated from it shall be used only by the registered users and may not be donated, sold, distributed, or commercially exploited in any form. You must not alter, delete or conceal any copyright or other notices contained in the Platform, including notices on any Materials you download, transmit, display, print or reproduce from the Platform. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use, any Materials without the express prior written consent of HC Info. Any unauthorized or prohibited use of any Materials may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content from the Platform that infringes the copyright rights of others and will disable the access to the Platform and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others. We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement of this Platform and to promptly end any infringement that might occur. If you believe that the Platform contains elements that infringe your copyrights, please notify us immediately.
4. Rules of Conduct: Your use of the Platform is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Platform, or knowingly condone use of this Platform by others, in any manner that is, attempts to, or is likely to:
- be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
- affect us adversely or reflect negatively on us, the Platform, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Platform;
- be used for advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation;
- use the Platform for the purpose of developing a product or service that competes in any manner with the Platform services;
- transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
- “frame,” “mirror,” copy or otherwise enable third parties to use the Platform or any component thereof as a service bureau or other outsourced service;
- forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
- violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; or use the Platform in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Platform or the rights of use and enjoyment of the Platform by any other person, firm or enterprise; or
- collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Platform, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
- allow you to continue to use exported LAMPS control measures as part of your facility’s management software after the expiration of your WMP. In the event your LAMPS WMP is not renewed, you understand and agree that the exported LAMPS control measures must be removed from your facility management software within ninety (90) days of the expiration of your WMP. Please review Section 10 below regarding Exporting Control Measures. The Export feature of the Platform exports key control measure fields into a spreadsheet for the purpose of importing the measures into facility work order, CMMS, or other management software (Facility Management Software).
6. Content: The Platform service and any deliverables, and any updates or maintenance releases thereof provided by us under this Agreement shall be made available only on a hosted basis and delivered only through electronic transfer. HC Info may host, allow access to or distribute webinars, reports, audits and other educational materials consisting of selected text, audio, video, and photographic content (“Content”) from the Platform that is provided over the Internet or hosted on the Internet. The Content may also be in the form of podcasts (“Podcasts”) which may include as part of the Content an associated audio, video and/or photographic file where the audio and/or video file may be downloaded and played from a user’s Device or transferred to a portable listening device. Certain software and hardware may be required for users to download and view and/or play our Content. Content is protected by U.S. Federal and State laws, and applicable foreign laws, regulations and treaties, and all rights in and to the Content are reserved to HC Info or the content provider. Content is available for your use only and you may not copy and/or transfer to a Device or through a Device to another Device. You shall not, nor will you allow any third party to, reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any Content except as expressly authorized in this Section. By your access to and use of the Content, you understand, acknowledge and agree that the Platform, HC Info and its Affiliates do not warrant that its Content will operate on all user equipment. Please see the “Disclaimer and Limitations of Liability” section below for further details.
8. Indemnification: Each party to this Agreement will be responsible for the negligent acts or omissions of its own employees, officers, or agents in the performance of this Agreement. Neither party will be considered the agent of the other and neither party assumes any responsibility to the other party for the consequences of any act or omission of any person, firm, or corporation not a party to this Agreement.
9. Exporting Control Measures: The LAMPS WMP control measure export feature exports key control measure fields into a spreadsheet for the purpose of importing the measures into facility work order, CMMS, or other management software (Facility Management Software). You understand that control measures in a given category (e.g., Domestic Water Maintenance) will be exported only if at least one measure in that category has been opened (in WMP Configuration, Control Measures) and saved by clicking the “Update” button. You are responsible for checking LAMPS for control measure updates and updating your control measures in both LAMPS and your work order software. You agree to use the exported control measures only for the site for which the water management plan (WMP) was purchased and to remove the control measures from your Facility Management Software within ninety (90) days of the expiration of your LAMPS WMP subscription. During the export process you will be asked to click through and agree to these terms for Exporting Control Measures.
10. Emails: When you purchase a LAMPS product, are assigned an e-Learning course in LAMPS, or are added to a LAMPS WMP, VDA site, SDA site, Training Center, or Partner Center, you agree to receive emails from us (LAMPS Emails). After a LAMPS order is placed, a receipt or invoice is automatically emailed to the purchaser. From time to time, we may email special messages to all LAMPS users, or users of specific LAMPS products, regarding updates to content or functions, upcoming training webinars, site problems or maintenance, or other matters pertaining to the use of LAMPS. WMP users with configuration privileges can elect to receive notification emails about control measure verification that is not entered, overdue, or due soon. SDA users can elect to receive notification emails summarizing sensor data readings and/or notification emails about readings outside alarm levels. We may also send reminder emails about WMP, VDA, or SDA site renewals as a courtesy. We will endeavor to continue sending LAMPS Emails but it is not our responsibility or obligation to do so and we may cease sending them at any time, for any reason. Therefore, you are expected to calendar and track your own deadlines. HC INFO is not intended to be nor should it be the only source you rely on regarding control measure or other deadlines that must be met in a timely manner, site renewal reminders, or sensor reading reports or alerts. SDA alarms in the LAMPS Platform could be triggered much later than when the readings actually occurred; delays could be caused by the time interval at which the Platform checks the server account for readings, the time lag between the sensor and the controller, the time lag between the controller and your server account, and/or the API or other functionality of your server account. Given this, HC INFO assumes no responsibility for liability for any errors or omissions regarding LAMPS Emails. The information contained in LAMPS Emails is provided to you on an “as is” basis with no guarantees of completeness, accuracy, usefulness or timeliness and without any warranties of any kind whatsoever, express or implied. HC INFO does not warrant that LAMPS Emails and any information contained within them will be uninterrupted, error-free, omission free or free of viruses or other harmful items. If you wish to stop receiving reminder emails pertaining to WMP, VDA, SDA site renewals, you can have your username (email address) removed from the WMP, VDA, or SDA site, or downgraded by changing the user type to “Non-Configuration” or “Audit/Read Only.” To stop receiving control measure verification notification emails, you can uncheck the control measure category boxes under your name on the “Manage Control Measure Verification Notification Emails” page in WMP Configuration, Control Measures. To stop receiving special messages emailed from LAMPS, you can cancel your LAMPS account. To stop receiving SDA report or alarm notification emails, you can change the settings for the applicable SDA notification(s) by clicking “Manage SDA Notification Emails” in the SDA section of site Configuration Step 2.
11. File Storage: LAMPS products that provide a mechanism and space for uploading files do so only as a courtesy. It is not our responsibility or obligation to provide document storage and we may cease doing so at any time, for any reason. We may also limit the number and size of files uploaded to the Platform. Further, although we endeavor to protect all LAMPS data and files, the Platform is not intended to be a document storage service. You should not rely on the Platform as the only place to store any document or file. You are expected to back up to your computer hard drive any files uploaded to the Platform. HC INFO assumes no responsibility or liability for lost or damaged files or for uninterrupted access to them.
12. Sensor Data Analytics: To use LAMPS sensor data analytics (SDA) and reports, you may need to enter the credentials of your server/sensor account from which you want to receive sensor/controller data into LAMPS. You give HC Info permission to store your account login information, receive data from the sensors/controllers in your server account, and use that data in LAMPS analytics per Section 3 above and other terms of this Agreement. Your server account password will be encrypted and inaccessible to other LAMPS users. HC Info will never ask for this password. HC Info is not responsible, legally or financially, for the accuracy of the data provided by the sensors, controllers, or cloud application associated with your server account. If the readings appear incorrect, check your sensor and other equipment and software, or consult with your server account provider.
13. API: Use of HC Info’s Application Programming Interface for its LAMPS Platform, together with any accompanying or related documentation and other materials (“API”), is subject to the following terms, conditions, and restrictions:
- Your use of the API is non-exclusive, non-transferable, non-sublicensable, and revocable.
- You may use the API solely for the purpose of sending data to, receiving data from, making calls to, or otherwise communicating and interoperating with the LAMPS Platform in accordance with the terms of this Agreement.
- The API is solely for your internal use, and you may not distribute or disclose the API to any third party.
- To use and access the API, you must obtain API credentials from HC Info (a “Key”). You may not share the Key with any third party, shall keep your Key and all login information secure, and shall use the Key as your sole means of accessing the API.
- To access the API documentation (“API Documentation”), you must obtain API Documentation login credentials from HC Info. You may not share the API Documentation login credentials or API Documentation with any third party and shall keep your API Documentation login credentials and the API Documentation secure.
- You will not and shall not attempt to: (i) interfere with, modify, or disable any features, functionality or security controls of the LAMPS Platform or the API, (ii) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms for the LAMPS Platform or the API, or (iii) reverse engineer, decompile, disassemble or derive source code, underlying ideas, algorithms, structure or organizational form from the LAMPS Platform or the API.
- You shall not use or assist your customers or any third party in using the API or any other software to circumvent any usage restrictions in the Platform’s user interface, including individual login requirements.
- You are not permitted to use the API in any manner that does or could potentially undermine the security or performance of the LAMPS Platform, the API, or any data or information stored or transmitted using the LAMPS Platform or the API.
- You shall not use or assist your customers or any third party in accessing or using the API or the LAMPS Platform in order to monitor the availability, performance, or functionality of any of the API or the LAMPS Platform or for any similar benchmarking purposes.
- You will respect and comply with the technical and policy-implemented limitations of the API. Without limiting the foregoing, you shall not violate any explicit rate limitations on calling or otherwise utilizing the API.
- You shall not make any modifications to any data transmitted using the LAMPS Platform or the API.
- Except to the extent required by applicable law, neither you nor your software application(s) will (i) modify the content of any data received from the LAMPS Platform (“LAMPS Data”) in a manner that adversely affects the integrity of the LAMPS Data; (ii) disclose LAMPS Data to any third party, or (iii) use LAMPS Data for any unauthorized purpose.
- You will maintain and handle all LAMPS Data in accordance with privacy and security measures reasonably adequate to preserve the confidentiality and security of all LAMPS Data.
14. Updates: At no charge to you, HC Info may at its sole discretion, install software updates deemed reasonably necessary to address errors, bugs, or other performance issues in the Platform, or to improve functions in the Platform (collectively, “Updates”). Updates (if any) shall be subject to the same terms and conditions of this Agreement.
15. Retention of Data: HC Info retains customer data entered into WMP and VDA sites for at least one year after a site expires. One year after termination of access to the Platform, we shall have no obligation to store customer-entered data and may, at our option, permanently delete or destroy the Materials and all data and information contained therein or associated therewith.
16. Refunds: If you are not completely satisfied with the LAMPS product you purchased or renewed, email [email protected] within 15 days of your order to request a cancellation of your subscription and refund of the price you paid. We will terminate your subscription and refund 100% of the purchase price we received, including the amount for the 15 days you had access, unless the refund request is for a water management plan that has been downloaded to a PDF or for an e-Learning course that has been completed, in which case no refund will be provided unless required by law. If the refund request is not submitted to [email protected] within 15 days of purchase, a refund will not be provided for the pre-paid remainder of the term, whether payment was for one year or a multi-year renewal, unless required by law.
17. Ads and Malware: We took great care and pride in creating the Platform. We are always on the lookout for technical glitches that effect how the Platform functions. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Platform – and that is beyond our control. If you experience any unusual behavior while using the Platform, it may be the result of Malware on your computer. Malware – short for MALicious softWARE – is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything is working properly, sometimes Malware programs on your personal computer may interfere with your use of the Platform. Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us.
19. Disclaimer and Limitations of Liability: IMPLEMENTING THE RECOMMENDATIONS IN THE PLATFORM OR ANY WATER MANAGEMENT PLAN, RESULTS, METRICS, REPORTS, AUDITS OR INFORMATION GENERATED FROM IT WILL NOT GUARANTEE THE ABSENCE OF LEGIONELLA OR ANY PATHOGEN, THUS THE RECOMMENDATIONS, PLANS, RESULTS, METRICS, REPORTS, AUDITS AND OTHER INFORMATION SHOULD IN NO WAY BE INTERPRETED AS A GUARANTEE AGAINST ILLNESS, INCLUDING LEGIONNAIRES’ DISEASE. IT IS NOT REALISTIC OR POSSIBLE TO ELIMINATE ALL RISKS. THE PLATFORM DOES NOT CONTAIN ALL AVAILABLE PROCEDURES, METHODS, RECOMMENDATIONS OR MEASURES FOR THE CONTROL OF LEGIONELLA BACTERIA OR OTHER PATHOGENS. FOR MORE INFORMATION, REFER TO BOOKS AND SCIENTIFIC PAPERS ON THE SUBJECT. IN ADDITION, IF LEGAL, MEDICAL, ENGINEERING, OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICES OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. THE PLATFORM, ITS RECOMMENDATIONS, PLANS, RESULTS, METRICS, REPORTS, AUDITS, API, AND OTHER INFORMATION ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE PLATFORM WILL BE AVAILABLE FOR USE, OR THAT ALL FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE PLATFORM. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL CONTENT, FEATURES, AND FUNCTIONS OF THE PLATFORM. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HC INFO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE PLATFORM OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. IN NO EVENT WILL THE LIABILITY OF HC INFO, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR LICENSEES ARISING OUT OF OR RELATED TO THE PLATFORM EXCEED THE SUM OF FEES PAID BY YOU FOR ACCESS TO THE PLATFORM. IN NO EVENT WILL HC INFO HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL LOSSES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT IN THE EVENT OF HC INFO’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, YOU AGREE THAT THE TERMS IN THIS LIMITATION OF LIABILITY SECTION REPRESENT A REASONABLE ALLOCATION OF RISK.
20. Law that Applies to this Agreement; Miscellaneous Terms: This Agreement, together with any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and HC Info and supersedes any and all prior or inconsistent understandings relating to the Platform and your use of the Platform. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Platform, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). This Agreement and your use of the Platform is governed by, construed and enforced in accordance with the internal substantive laws of the State of Washington (notwithstanding the State’s conflict of laws provisions) applicable to contracts made, executed and wholly performed in Washington, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of Washington and King County and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE PLATFORM OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.