Acceptance of Terms
By registering as a user of the App, you (“you,” “your”) you are agreeing to participate in the daily symptom monitoring program administered pursuant to (1) the Duke Compact, (2) campus guidelines set forth at Return to Duke, and/or (3) Duke’s COVID-19 safety plans for specified in-person activities, each as applicable to you (collectively “COVID-19 Safety Plans”). Please note that these terms do not apply to information we collect, receive, or accesses outside of the App. The App is for use for those who are participating in Duke’s Symptom Monitoring Program.
Scope of App Services
The App is designed to collect COVID symptom information being carried out as part of the COVID-19 Safety Plans. While the App seeks to be reliable, you should always feel free to communicate with firstname.lastname@example.org regarding questions.
The App is designed to be accessed from the United States. Users from outside the U.S. should not use this App.
No Medical Advice
THIS APP IS TO ENABLE THE SYMPTOM MONITORING PROGRAM ONLY. THE APP IS NOT FOR TREATMENT PURPOSES AND IS IN NO WAY INTENDED TO TAKE THE PLACE OF TALKING TO YOUR DOCTOR. IF YOU HAVE A MEDICAL QUESTION OR CONCERN, PLEASE SPEAK TO YOUR DOCTOR. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY FACILITY.
You promise that:
- You are at least 18 years old or your guardian signing on your behalf is at least 18 years old.
- You live in the United States.
- You are able to agree to contracts and be legally bound by them. If you are not able to agree to and be legally bound by contracts, your guardian is able to be bound by contracts is agreeing to these Terms on your behalf. The person that is able to be bound is responsible for ensuring your compliance with these Terms.
- You will be responsible for your use of the App.
- You will keep your username and password or other credentials, secret, and not tell anyone what they are or let anyone else use them.
- You will tell Duke promptly if you believe your user name or password or other credentials are no longer secret, and you will change your password immediately to protect the privacy of your information and the security of the App.
- You understand and agree that Duke is not responsible to you, and will not be liable to you for your use or misuse of the App, and you will protect Duke, and will defend, indemnify and hold harmless Duke and its employees and agents, against any claims by anyone related to your use, misuse, or failure to use the App.
- You agree that the App, or any component of the App will NOT be used:
- In an illegal, inflammatory, defamatory, obscene, or hateful manner;
- To promote violence, discrimination on the basis of race, religion, gender, nationality, disability, age, or similar characteristics; or to infringe or breach the rights of any third party;
- To threaten, abuse, harass, embarrass, alarm, defraud, or annoy another person;
- To transmit any computer code, including (without limitation) any virus, worm, Trojan, time-bomb, logger, spyware, ransomware, or other harmful program or code that is intended, designed, or anticipated to cause harm or disruption to computers or networks, or any unsolicited promotional or advertising materials or "spam"; or
- In a manner otherwise contrary to the nature and purpose of the App.
IP, Copyright and Digital Millennium Copyright Notice
The content available on the App is subject to global copyright. Reproduction, processing, dissemination and use of any kind require written consent from Duke. The App is also protected by various intellectual property rights. As between You and Duke, Duke or its licensors hold the copyright and all other intellectual property rights and interests in the App. You are granted a non-exclusive limited license to use the App as described in these Terms for personal, noncommercial purposes and any terms that were provided with the App. You are not permitted to use, reverse engineer or otherwise exploit the App beyond the grant of license.
Changes to Terms
Duke reserves the right to modify these Terms at any time. All changes will be effective immediately upon posting to the App. By accessing the App following the posting of changes, you agree to all such changes. Each update to the Terms will include the date of revision. These Terms were last updated on July 23, 2020.
Enforcement of Terms
If any of the provisions of these Terms are held to be unenforceable, the remaining provisions will be unimpaired, and the unenforceable provision will be automatically replaced by an enforceable term or provision that comes as close as possible to the intention underlying the unenforceable term or provision. These Terms are subject to and do not alter any other agreements you have entered into with Duke.
Duke has the right to determine whether there has been a violation of these Terms. If we determine the Terms have been violated, we have the right to determine the action that will be taken. The action to be taken may include (but not be limited to):
- Immediate termination of your right to use the App. The termination may be temporary or permanent.
- Immediate invalidation of any executed authorization forms.
- Issuance of a warning or other communication to you.
- Legal proceedings against you, including seeking of damages (including indemnity) recovering all costs and losses suffered as a result of your violation of the Terms.
- Other forms of legal proceedings against you.
- Referral to law enforcement agencies for further action.
We will not be liable for any damages as a result of the foregoing actions.
The App is controlled by Duke, which is located in the United States. By accessing the App, you agree that all matters relating to your use of this App shall be governed by the statutes and laws of the State of North Carolina, and the federal laws of the United States of America without regard to the conflicts of laws principles thereof. The application of the United Nations Convention of Contracts for the International Sale of Goods, and the model Uniform Computer Information Transactions Act approved by the National Conference of Commissioners on Uniform State Laws (as enacted and/or modified into any state law in the U.S.A.), are expressly excluded and shall not apply. The App is designed to be accessed only from the United States, which may have privacy laws that are less protective than the laws of the country in which you are located, if you are outside of the United States. If you access the App from outside of the United States, you do so on your own initiative. By using the App, you consent to the processing of your data in the United States for the purposes described in these Terms, and any documentation regarding the App.