INNOVATIONDOCK TERMS OF USE

  1. ACCEPTANCE OF TERMS

    InnovationDock, Inc. (hereafter called "InnovationDock") provides its services (“Service” or “Services”) to you, subject to the following Terms of Use ("TOU"). As used in these Terms of Use, "InnovationDock services," "our services", or "the services" means the services provided by InnovationDock to facilitate collaborative innovation; the services include all features and functionalities, website, and user interfaces, as well as all content and software associated with our services which may be updated by us from time to time without notice to you. When using InnovationDock services, you and InnovationDock shall be subject to any guidelines or rules applicable to such services; all such guidelines and rules are hereby incorporated into the TOU. These Terms of Use, which include our Privacy Policy (see Section 6) govern your use of InnovationDock services. By using, visiting, or browsing the InnovationDock services, you accept and agree to these Terms of Use.

  2. CHANGES TO TERMS OF USE

    InnovationDock may, from time to time, change these Terms of Use, including the Privacy Policy. Such revisions shall be effective immediately; provided however, for existing members, such revision shall, unless otherwise stated, be effective 30 days after posting. InnovationDock will include the date of revision on posted Terms of Use and Privacy Policy.

  3. DESCRIPTION OF SERVICES

    InnovationDock currently provides users with services to help with collaborative innovation in science, technology, engineering, and medicine to accelerate human health solutions. Unless explicitly stated otherwise, any new features that augment or enhance the current services, including the release of new InnovationDock properties, shall be subject to the TOU. You understand and agree that the Services are provided "as-is" and “as-available”, and that InnovationDock does not guarantee, represent, or warrant that our services will be uninterrupted or error-free. InnovationDock assumes no responsibility for deletion, misdelivery or failure to store any user data including but not limited to users' posted content, communications, and personalization settings.
    In order to use our services, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device. InnovationDock assumes no responsibility for altered or failed display, formatting, or printing of InnovationDock website content due to any reason including but not limited to your use of incompatible browsers, computers, mobile devices, and printers.

  4. YOUR REGISTRATION OBLIGATIONS

    In consideration of your use of InnovationDock services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the services' registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or InnovationDock has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, InnovationDock has the right to suspend or terminate your account and refuse any and all current or future use of the services (or any portion thereof).

  5. MEMBERSHIP AND BILLING

    1. Membership information You must be an individual authorized by the entity or institution that is your place of work or employment in order to start, maintain, and stop the InnovationDock membership as an Innovation Provider or Innovation Seeker or both or to post content on InnovationDock web site, sign contracts, agreements, and payment authorizations on behalf of the entity or institution that is your place of work or employment. You can view the specific details of your membership with InnovationDock at any time after opening your account. Simply sign into your InnovationDock account, and click on My Profile in top navigation.
    2. Non-transferability License to InnovationDock services through membership is granted expressly and exclusively to the registered individual, whose information is used for account registration. This access to the services is explicitly non-transferable to any other person, business, institution, organization, group, or entity.
    3. Billing By starting your InnovationDock membership, you are expressly agreeing that we are authorized to charge you the membership fee associated with the services you chose during registration. The membership is FREE until the amounts for Innovation Provider and Innovation Seeker membership fees are determined in the future. InnovationDock will inform you by e-mail about the membership fee amounts and effective dates at least 30 days prior to their going into effect.
    4. Ongoing Membership Your InnovationDock membership will continue in effect unless and until you cancel your membership or we terminate it.
    5. Cancellation You may cancel your InnovationDock membership at any time, and cancellation will be effective immediately. You will continue to have access to our services till the end of the current billing period. We do not provide refunds or credits for any partially used membership periods.
    6. Restart If you have cancelled your InnovationDock membership, you may restart it at any time. To restart your membership, log into your InnovationDock account, confirm your payment method, and reactivate your membership. You will be billed the membership fee at the then-current rate plus any applicable tax to the Payment Method you provide to us during restart (or to a different Payment Method if you change your account information).

  6. INNOVATIONDOCK PRIVACY POLICY

    Registration Data and certain other information about you are subject to our Privacy Policy.

  7. MEMBER ACCOUNT, PASSWORD AND SECURITY

    You will have a password and account designation upon completing the Services' registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify InnovationDock of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. InnovationDock cannot and will not be liable for any loss or damage arising from your failure to comply with Section 6.

  8. MEMBER CONDUCT

    You understand that you, and not InnovationDock, are solely and entirely responsible for all information including but not limited to data, text, messages, names, e-mail addresses, payment methods, and other materials ("Content") that you upload, enter, post, e-mail, transmit or otherwise make available via the Services. InnovationDock does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will InnovationDock be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available via the Services.
    You understand that all the innovations, RFPs, search queries, e-mails, and attachments that you post or transmit through InnovationDock MUST BE NON-CONFIDENTIAL ONLY. You must verify the NON-CONFIDENTIAL nature of each innovation or RFP before posting it on the InnovationDock web site. InnovationDock does not control the Content posted via the Services and, as such, assumes NON-CONFIDENTIALITY of such Content. Under no circumstances will InnovationDock be liable in any way for any confidential Content, including, but not limited to, for the posting of any confidential Content, or for any loss or damage of any kind incurred as a result of the exposure or use of any confidential Content posted, e-mailed, transmitted or otherwise made available via the Services.
    You understand that all innovations and RFPs that you may post on InnovationDock must stand as complete and informative on their own, as posted, without the need to be directed to an external source or resource, including but not limited to outside websites and databases. Under no circumstances will InnovationDock allow your posting of external links in lieu of details expected to make your postings of innovations or RFPs complete or informative on their own.
    You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
    You understand that while you, the account owner, have full access to InnovationDock Services, you must abide by rules of membership, non-transferability, and security of your account privileges. InnovationDock may monitor, review, and assess posted content and usage statistics associated with your account. InnovationDock reserves the right to suspend or cancel your current or future membership and/or your posted content in its sole discretion if it suspects misuse of its Services through your entering, posting or transmitting any content that InnovationDock determines to be (a) inappropriate, (b) not based in science, technology, engineering, or medicine, (c) not relevant to accelerating human health solutions, (d) not considered complete or informative (see above) or (e) not suitable for your account type.

  9. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

    Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

  10. INDEMNITY

    You agree to indemnify and hold InnovationDock, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Services, your use of the Services, your connection to the Services, your violation of the TOU, or your violation of any rights of another.

  11. NO RESALE OF SERVICES

    You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Service, or access to the Services.

  12. MODIFICATIONS TO SERVICES

    InnovationDock reserves the right at any time and from time to time to modify or temporarily discontinue the Services (or any part thereof) with or without notice. You agree that InnovationDock shall not be liable to you or to any third party for any modification, suspension or temporary discontinuance of the Services. In the event of permanent discontinuance of the Services, liability is limited to the paid subscription price, pro-rated to the amount of time remaining on the subscription.

  13. TERMINATION

    You agree that InnovationDock, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services, for any reason, including, without limitation, for lack of use or if InnovationDock believes that you have violated or acted inconsistently with the letter or spirit of the TOU. InnovationDock may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this TOU may be effected without prior notice, and acknowledge and agree that InnovationDock may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that InnovationDock shall not be liable to you or any third-party for any termination of your access to the Services.

  14. LINKS

    The Services may provide, or third parties may provide, links to other Internet websites or resources. Because InnovationDock has no control over such sites and resources, you acknowledge and agree that InnovationDock is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that InnovationDock shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

  15. INNOVATIONDOCK'S PROPRIETARY RIGHTS

    You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by InnovationDock, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
    InnovationDock grants you a personal, non-transferable, and non-exclusive right and license to use the Services. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by InnovationDock for use in accessing the Services.
    Furthermore, you understand that the Content is protected by copyright and other laws in both the United States and elsewhere. Under the terms of this agreement, it is expressly forbidden to distribute the Content or any portion thereof by any means, including but not limited to electronic and print, to any person or entity that does not have a valid account or is not enrolled within your own account. InnovationDock reserves the right to cancel your and/or your organization's license without refund if it is determined that you have violated this portion of the agreement.

  16. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    • YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INNOVATIONDOCK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    • INNOVATIONDOCK MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INNOVATIONDOCK OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

  17. LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT INNOVATIONDOCK SHALL NOT BE LIABLE 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 (EVEN IF INNOVATIONDOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.

  18. EXCLUSIONS AND LIMITATIONS

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.

  19. TRADEMARK INFORMATION

    InnovationDock is a registered trademark of InnovationDock, Inc.

  20. GENERAL INFORMATION

    The TOU constitute the entire agreement between you and InnovationDock and govern your use of the Services, superseding any prior agreements between you and InnovationDock. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOU and the relationship between you and InnovationDock shall be governed by the laws of the State of California without regard to conflict of law provisions. The failure of InnovationDock to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    The section titles in the TOU are for convenience only and have no legal or contractual effect.

Version 1.0. © 2017 InnovationDock. All rights reserved.