The Parties. This Agreement is between the Authorized Users and DGI. DGI agrees to provide Authorized Users with a non-exclusive, non-transferable license to have access to and use of the B.R.I.D.G.E. website (www.bridgetodata.org). An Authorized User includes: (i) an entity or individual granted access to B.R.I.D.G.E. based on remittance of a subscription fee permitting a predetermined number of users, (ii) an individual affiliated with the entity or individual mentioned in Section (i) who has been verified and validated after completing a personal profile, (iii) a DGI employee, (iv) the B.R.I.D.G.E. website administrator, or (v) anyone DGI has authorized to have access to B.R.I.D.G.E. All Authorized Users must use B.R.I.D.G.E. in a manner consistent with its intended purposes and as described below.
DGI, LLC Responsibilities:
B.R.I.D.G.E. TO DATA® Services. Subject to the terms and conditions of this Agreement, DGI will make reasonable efforts to ensure the B.R.I.D.G.E. website is available for searches by Authorized Users subject to scheduled and unscheduled maintenance and the limitations herein.
Unauthorized Access. In the event that the Authorized User determines that another party has gained unauthorized access to the B.R.I.D.G.E. website, the Authorized User shall immediately notify DGI of this breach. DGI will take action as may be needed to maintain the restricted access of B.R.I.D.G.E. to Authorized Users only.
Availability of Access. If Authorized User has a subscription to B.R.I.D.G.E., DGI shall use reasonable efforts to notify the Authorized User by posting or e-mailing any scheduled maintenance or upgrade work which may make the B.R.I.D.G.E. website unavailable for periods of time greater than two (2) hours. DGI does not warrant that the B.R.I.D.G.E. website will be available to any Authorized User on a continuous twenty-four (24) hour basis. Authorized User recognizes that the traffic of data through the Internet may cause delays while using the B.R.I.D.G.E. website and shall not hold DGI liable for delays or failure in performance resulting from any cause beyond its control or which are ordinary in the course of Internet use.
Authorized User Responsibilities:
Payment. Authorized User, granted access via a fee-based subscription, agrees to promptly and timely pay DGI the fee for service. All payments shall be made in U.S. Dollars.
The Authorized User may do the following:
a. Conduct searches on the B.R.I.D.G.E. website.
b. Save search(es) and compare search results for multiple log-in sessions on the B.R.I.D.G.E. website.
c. Print a limited number of hard copies of any search output, of which copies may be used internally or for personal use but MAY NOT be sold, rented, licensed, published, or otherwise transferred to any other third party.
d. Use B.R.I.D.G.E. to demonstrate or conduct searches in a classroom provided that the search results are not distributed as a hard copy for unauthorized users.
e. Use B.R.I.D.G.E. as an epidemiological or database designing teaching tool in a classroom, provided that the search results are not distributed as a hard copy for unauthorized users.
f. Contact a database manager directly via contact information provided in a database profile.
The Authorized User MAY NOT do the following:
a. Decompile, disassemble or reverse engineer the proprietary software of B.R.I.D.G.E.
b. Sell, distribute, or commercially exploit the B.R.I.D.G.E. website, B.R.I.D.G.E. software, or any B.R.I.D.G.E. website content (e.g., database profiles, search comparisons).
c. You may not share, transfer, assign, or sublicense your login username and password to anyone to access content on www.bridgetodata.org website.
e. Use B.R.I.D.G.E. in any way unless and until the Authorized User has expressly agreed to the terms of the Agreement contained herein which govern the license granted to the Authorized User.
f. Provide or facilitate unauthorized access to B.R.I.D.G.E. or transfer their subscription.
g. Monitor B.R.I.D.G.E. for availability and performance for any purpose whatsoever including, but not limited to, the collection of performance samples over a period of time in a manner that, in DGI’s sole and absolute discretion, puts an unreasonable load on DGI’s online resources or adversely impacts other Authorized Users.
The Subscription. Authorized User shall provide to DGI truthful and accurate information with respect to all aspects of a subscription and shall inform DGI of any inaccuracies or material changes with respect to any such information within two (2) business days of Authorized User’s learning of the same.
Cancellation. If Authorized User is not satisfied with the purchase of a subscription, please visit online at www.bridgetodata.org, e-mail us at firstname.lastname@example.org, or call us at +1 (571)-402-1576 for customer service. Please note that DGI does not offer refunds in the event of the following:
- Voluntary cancellation of subscription or modification of subscription to less number of users prior to the renewal or expiration period.
- A payment is not processed.
- Stalling, slowing, or inability to access the website for a period of time that is ordinary in the course of Internet use or during pre-announced periods of website maintenance.
b) DGI reserves the right to terminate this Agreement should Authorized User violate any Term of Use in this Agreement, or, at DGI's sole discretion, for any reason other than a breach of this Agreement, provided that DGI notifies Authorized User not less than thirty (30) days in advance. A percentage of the subscription fee based on duration of use shall be refunded to Authorized User in the event of any such termination by DGI other than a termination for breach of this Agreement in which case Authorized User will not be entitled to any refund whatsoever.
Intellectual Property Ownership
Authorized User acknowledges and agrees that the entire content of B.R.I.D.G.E. is copyrighted or trademarked intellectual property of DGI, or that DGI has the right to use the same from the owners thereof. Authorized User shall not make any use whatsoever of any copyrighted or trademarked material from B.R.I.D.G.E. except in accordance with the terms of the Agreement expressly stated herein. DGI grants to the Authorized User a non-exclusive, non-transferable license to access B.R.I.D.G.E. identified upon registration. B.R.I.D.G.E. and the associated materials (other than portions in the public domain), including the documentation, are the property of DGI or other third parties and are protected by law, including, but not limited to, US copyright laws and international treaty provisions. Authorized User hereby acknowledges that DGI is the sole owner of or otherwise has rights to B.R.I.D.G.E. and the associated materials and that as such DGI has the right to grant the license hereunder. No title is transferred by this license or by the payment of any fee. DGI retains title to and/or rights in the entirety, without limitation, of B.R.I.D.G.E., and any other materials hereunder, including, without limitation, all copies and audiovisual aspects thereof and all rights to patents, copyrights, trademarks, trade secrets and other intellectual property rights inherent therein and appurtenant thereto. The Authorized User's rights and usage are limited to the Authorized User and its Authorized Users alone and do not extend to any subsidiary or parent corporation of Authorized User, or to any other related or affiliated organizations of Authorized User. Any rights not expressly granted under this Agreement are reserved to DGI. Authorized Users agree to abide by the Copyright Act of 1976 as well as any contractual restrictions, copyright restrictions, or other restrictions provided by publishers and specified in the database profiles or Services accessible by B.R.I.D.G.E.
Choice of Law. This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Virginia without giving effect to the rules or principles of conflict of laws thereof and to the extent permitted by applicable law, all parties consent to the exclusive jurisdiction of courts situated in Arlington County in the Commonwealth of Virginia in any action arising under this Agreement.
Indemnification. Excluding claims arising out of or relating to the violation by DGI of any third-party copyright, trade secrets, or trademark, the Authorized User, to the extent permitted by applicable law, agrees to indemnify DGI and hold it harmless from and against any and all claims of Authorized Users or other third parties arising out of or related to the use of the B.R.I.D.G.E. website.
Disclaimers. Subject to the terms set forth above and all matters relating to the access of any Authorized User to B.R.I.D.G.E. or any of the content therein provided by DGI are provided ''AS IS'', WITHOUT WARRANTY OF ANY KIND TO AUTHORIZED USER OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR AUTHORIZED USER'S PURPOSE OR SYSTEM INTEGRATION; ACCURACY OF INFORMATIONAL CONTENT; NON-INFRINGEMENT; QUIET ENJOYMENT; AND TITLE. AUTHORIZED USER AGREES THAT ANY EFFORTS BY DGI TO MODIFY ITS SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY DGI WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. AUTHORIZED USER FURTHER AGREES THAT DGI SHALL NOT BE LIABLE TO AUTHORIZED USERS OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF DGI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. IF THE B.R.I.D.G.E. WEBSITE INCLUDES ABSTRACTS, AUTHORIZED USERS SHOULD CONSULT THE CITED MATERIALS BEFORE REACHING OR SUGGESTING CONCLUSIONS. THE PRESENCE IN OR ABSENCE FROM B.R.I.D.G.E. OF ANY REFERENCE TO INFORMATION, DATA, EVENTS, RESEARCH, OR DEVELOPMENTS DOES NOT IMPLY THE SPECIFIC EXISTENCE OR THE NON-EXISTENCE THEREOF, NOR DOES CLAIM COMPREHENSIVENESS OR THE ABSENCE OF ERRORS. IN VIEW OF THE ABOVE, ALL LIABILITY IS DISCLAIMED FOR THE ACCURACY, COMPLETENESS OR FUNCTIONING OF THE SUBSCRIPTION WEB SITE AND THE B.R.I.D.G.E. WEBSITE. DGI ASSUMES NO RESPONSIBILITY FOR THE USE OF B.R.I.D.G.E. BY ANY AUTHORIZED USER. IN NO EVENT MAY ANY ACTION BE BROUGHT AGAINST DGI ARISING OUT OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES, DETERMINED WITHOUT REGARD TO WHEN THE AUTHORIZED USER SHALL HAVE LEARNED OF THE DEFECT, INJURY, OR LOSS. DGI SHALL NOT IN ANY EVENT BE LIABLE FOR MORE THAN THE SUBSCRIPTION FEE PAID BY AUTHORIZED USER WHETHER SUCH LIABILITY ARISES FROM BREACH OF WARRANTY, BREACH OF THIS CONTRACT OR OTHERWISE, AND WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Authorized User. In such jurisdictions, DGI's liability is limited to the greatest extent permitted by law.
Severability. If a term or condition of this Agreement is invalid or unenforceable, the remaining terms and conditions will remain in full force and effect; provided, however, that if the deletion of any provision hereof frustrates an essential purpose of this Agreement or material rights of a party, the parties shall seek in good faith alternative provisions or arrangements to achieve the same purposes as the invalid, illegal or unenforceable provision.
Entire Agreement. This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof. Without limiting the generality of the foregoing, it is expressly agreed that the terms of any Authorized User purchase order will be subject to the terms of this Agreement and that any acceptance of a purchase order by DGI will be for acknowledgment purposes only and none of the terms set forth in the purchase order will be binding upon DGI. Any representation, promise, warranty, covenant, or undertaking not expressly set forth in this Agreement shall not be deemed part of this Agreement or otherwise legally effective. This Agreement may be amended or modified only in writing, and shall be effective only after affixation of both parties' signatures.
Knowing Consent and Authority to Consent. The parties knowingly and expressly consent to the foregoing terms and conditions. Each party is authorized to enter into this Agreement on behalf of its respective party.
DGI is committed to protecting the privacy of your personal information. This statement applies with respect to the information that we collect from the B.R.I.D.G.E. website as well as from the DGI office located at 4000 Legato Road, Suite 1100, Fairfax, VA 22033, USA. Amendments to this statement will be posted at the www.bridgetodata.org, and will be effective when posted. Your continued use of this website following the posting of any amendment, modification or change shall constitute your acceptance thereof.
Information Collected. We collect non-personally identifiable information about you in a number of ways, including tracking your activities through your IP address, and computer settings. We do not collect any personally identifiable information about you unless you voluntarily submit such information to us, by, for example, registering for use online or filling out a DGI-sponsored survey. The types of information that may be requested include your name, mailing address, e-mail address, and telephone number.
Use of Information. In general, we will only use the information you provide to us for the purpose for which such information was provided. We may also use this information to convey information to you about DGI and the site administration. Your information may also be used to contact you when necessary.
Use of IP Address. The B.R.I.D.G.E. web site logs IP addresses for system administration purposes. Your IP address can help us diagnose problems with our server and track an end-user's session to give us an idea of which parts of our site end-users are visiting.
Security. Our website has industry standard security measures in place to protect the loss, misuse and alteration of the information under our control. While there is no such thing as "perfect security" on the Internet, we will take all reasonable steps to insure the safety of your personal information.
Other Website Links. B.R.I.D.G.E. contains links to other websites. These websites may not have the same privacy policies as DGI. DGI takes reasonable care in recommending these websites but is not responsible for their content or privacy policies. We urge users to read the privacy statement of an outside website when leaving our website and linking to an outside website that collects personally identifiable information.
Corrections. The Company allows its users the option to change or modify information previously provided. This may be done by emailing the information to email@example.com. We will make reasonable efforts to ensure that your information is removed from or corrected in our records.
Opt Out. You may opt out of receiving communications from us by sending an e-mail to firstname.lastname@example.org.