LabArchives® Terms of Use

LAST UPDATED: June 18, 2020

PLEASE READ THE FOLLOWING TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THE LabArchives SERVICES. USE OF THE LabArchives SERVICES WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE LabArchives SERVICES.

As a LabArchives user, you may have access to LabArchives products via an institutional enterprise license, in which case, these Terms of Use may be superseded by the agreement in place with your institution or company.

Description of Service

The LabArchives services (“Services”) comprise ELN, Inventory, and Scheduler, including API access to the Services.

LabArchives ELN is a service for the online management of laboratory data, and includes sharing and collaboration features. You can create and edit content within the account you establish with the Service and if you choose to do so, you can publish and share such content.

LabArchives Inventory is a service for the online management of laboratory inventory data and includes order request workflow and management features. You can add and edit inventory information with the inventory account you create or to which you are added, as well as link information from Inventory to content in Notebooks for which you have access and edit rights.

LabArchives Scheduler is a service for the online management of resources (equipment, rooms, etc.) used by an organization. It provides management tools to set up resources, schedules, and specify user privileges. Users can reserve a resource in accordance with administrative options.

You may connect to the Services using any supported internet browser. You are responsible for obtaining access to the internet and the equipment necessary to use the Services.

Modification of Terms of Use

We may modify the Terms upon notice to you at any time. These modifications may include, without limitation, eliminating the free accounts for individual users and requiring payment to use the Services. You will be provided notice of any such modification by email or by LabArchives publishing the changes on the website Terms of Use. You will be provided the option to terminate your use of the Services if the Terms are modified in a manner that substantially affects your use of the Services. Your continued use of the Services after notice of any change to the Terms will be deemed to be your agreement to the amended Terms. If you terminate your use of the Services, no refunds will be issued.

User Registration Obligations

In consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration process (“Registration Data”); and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, outdated or incomplete, or if LabArchives has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, LabArchives may terminate your LabArchives account and deny you access to the Services.

Personal Information and Privacy

Personal information you provide to LabArchives through the Services is governed by the LabArchives Privacy Policy. Your election to use the Services indicates your acceptance of the terms of the LabArchives Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your LabArchives account and you agree to inform us immediately of any unauthorized use of your account by emailing support@labarchives.com or by calling us on any of the numbers listed on the online support page. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your account, or otherwise.

Communications from LabArchives

LabArchives sends users of the Services certain communications such as service announcements, administrative messages and newsletters. You may opt-out from receiving newsletters from LabArchives, but you may not opt-out from receiving service announcements and administrative messages.

Restrictions on Use

You shall not: (a) transfer or otherwise make available to any third party the Services; (b) provide any service based on the Services; (c) use the third party links to websites without agreeing to the terms and conditions of such websites; or (d) post links to third party websites or use the logo, company name, or other proprietary information from such websites, etc. without express written permission.

Spamming and Illegal Activities

You are solely responsible for the content of your transmissions through the Services. You agree not to use the Services for illegal purposes, or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, offends religious sentiments, promotes racism, contains viruses, or that infringes or may infringe the intellectual property or the proprietary or other similar rights of another or is otherwise objectionable. You agree not to use the Services for the transmission of “junk mail,” “spam,” “chain letters,” “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services in contravention of this paragraph.

Inactive User Accounts

We reserve the right to terminate free accounts that are inactive for a continuous period of 120 days. We will provide you prior notice of such termination by email.

User Generated Content

You may store, transmit or publish content created by you using the Services (which you, or your institution or employer, may own, depending on the agreement you have with your institution or employer). However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s), as the case may be. By making any copyrighted/copyrightable content available on the Services you affirm that you have the consent, authorization or permission, as the case may be, from every person who may claim any rights in such content to make such content available in such manner. You expressly agree that LabArchives will have the right to block access to or remove such content made available by you if LabArchives receives complaints concerning any illegality or infringement of third party rights in such content. By using the Services and transmitting or publishing any content using the Services, you expressly consent to the determination of questions of illegality or infringement of third party rights in such content by the agent designated by LabArchives for this purpose.

FERPA (Family Educational Rights and Privacy Act of 1974)

To the extent that the student data LabArchives holds is subject to the Family Educational Rights and Privacy Act of 1974 (FERPA), LabArchives will comply with FERPA with respect to such information. FERPA provides guidelines for the handling, storage and release of student data. It protects the privacy of education records, the right of a student to inspect and review his/her academic records and the ability to amend records that are deemed inaccurate.

Trademark

The name and logo of LabArchives are registered trademarks of LabArchives, LLC. You agree not to display or use, in any manner, the LabArchives trademarks without LabArchives’ prior permission.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. LabArchives EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WTH RESPECT TO THE SERVICES. LabArchives MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM LabArchives, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY.

Limitation of Liability

YOU AGREE THAT LabArchives SHALL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF LabArchives HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH LabArchives RELATED TO THE SERVICES SHALL BE TERMINATION OF SUCH SERVICES. IN NO EVENT SHALL LabArchives’ LIABILITY TO YOU IN RESPECT OF ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY IN CONNECTION WITH THE SERVICES, EXCEED THE FEES PAID BY YOU FOR SUCH SERVICES DURING THE IMMEDIATELY PRECEDING TWELVE MONTH PERIOD PRECEDING THE DATE OF CLAIM.

Third Party Data Storage

LabArchives will have no liability of any kind as a result of the deletion, modification, destruction, damage, loss of or failure to store or encrypt any data which is stored on your or your institution’s local or third party storage systems.

Indemnification

You agree to indemnify and hold harmless LabArchives, and its members, officers, directors, employees and agents, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violation of any provisions of the Terms, or any other claim related to your use of the Services.

Arbitration

Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, applying the substantive law of the State of California. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, LabArchives may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

Suspension and Termination

LabArchives may suspend your account or temporarily disable access to all or part of the Services in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of accounts should be made to support@labarchives.com within thirty days of notification of the suspension or disabling. LabArchives may terminate a suspended or disabled account after thirty days. In addition, LabArchives reserves the right to terminate your account upon reasonable belief that you have violated any of these Terms. LabArchives will also terminate your account upon your request.

Termination of your LabArchives account will include denial of access to all Services and deletion of your account information such as your email ID and password.

Maintenance of Data Post Termination

Upon termination of your access to the Services, LabArchives will maintain all of your data in a “Read Only” format for a period of no less than 3 years. Access to your data post termination may involve LabArchives sharing its proprietary information with you. In such event, you will be required to sign a non-disclosure agreement in order that LabArchives may protect its proprietary information.

End of Terms of Service