Terms of Service
Effective: February 12, 2021
1. ACCEPTANCE OF THE TERMS OF SERVICE
1.1 Project Beacon COVID-19 LLC (herein referred to as the “Project Beacon,” “we,” “us” or “our”) provides and makes available this website (the “Website”). Project Beacon permits users of the Website to check the availability of appointments to receive COVID-19 vaccines from third parties located within the Commonwealth of Massachusetts (each, a “Vaccine Provider”) and determine the locations of Vaccine Providers. All use of the Website is subject to the terms and conditions contained in these Terms of Service (the “Terms of Service”). Please read these Terms of Service carefully. By accessing, browsing or otherwise using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of this Agreement, you will not access, browse or use the Website.
1.2 You understand and agree that we may change these Terms of Service at any time without prior notice. You may read a current, effective copy of these Terms of Service at any time by selecting the “Terms of Service” link on the Website. The revised Terms of Service will become effective at the time of posting, which date will be set forth at the beginning of these Terms of Service. Any use of the Website after such date will constitute your acceptance of such revised Terms of Service. If any change to these Terms of Service is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Website.
1.3 PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST PROJECT BEACON ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
1.4 Project Beacon is not authorized to provide services requiring professional licensure, does not offer any medical treatment or perform any clinical health services, and does not provide any medical advice. THE WEBSITE AND ITS CONTENT (DEFINED BELOW) ARE NOT INTENDED OR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT, CHOICE OF TREATMENT, OR FOR DETERMINING THE ELIGIBILITY FOR OR AVAILABILITY OF ANY COVID-19 VACCINE. NO HEALTH CARE PROVIDER/PATIENT RELATIONSHIP IS CREATED BETWEEN PROJECT BEACON AND AN INDIVIDUAL WHEN AN INDIVIDUAL USES THE WEBSITE.
1.5 Your access to and use of the Website is also subject to our Privacy Policy, the terms and conditions of which are hereby incorporated herein by reference.
2. USE OF THE WEBSITE; USER CONTENT
2.1 Content. This Website contains material, including but not limited to software, data, text, graphics, and images (collectively referred to as the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third parties. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under these Terms of Service. No other use is permitted without our prior written consent. No Content should be construed as a recommendation or endorsement of a particular Vaccine Provider or other healthcare professional. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms of Service, your right to access and/or use the Content and Website will automatically terminate and you will immediately destroy any copies you have made of the Content.
2.2 Trademarks. The trademarks, service marks, and logos of Project Beacon (the “Project Beacon Trademarks”) used and displayed on this Website are registered and unregistered trademarks or service marks of Project Beacon. Other company, product, and service names located on the Website may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”, and, collectively with the Project Beacon Trademarks, the “Trademarks”). Nothing on this Website or in these Terms of Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the prior written consent of Project Beacon specific for each such use. The Trademarks may not be used to disparage Project Beacon or the applicable third party, Project Beacon’s or such third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without our prior written consent. All goodwill generated from the use of any of the Project Beacon Trademarks will inure to our benefit.
2.3 Restrictions. You agree not to: (a) take any action that imposes an unreasonable load on the Website’s infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Website; (d) delete or alter any material posted on the Website by Project Beacon or any other person or entity; (e) frame or link to any of the materials or information available on the Website; (f) violate any applicable local, state, national or international law, or any regulations having the force of law; (g) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or (h) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Website. Certain elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by Section 2.1 of these Terms of Service. None of the Content for this Website may be retransmitted without the express written consent from Project Beacon for each and every instance.
2.4 External Sites. The Website contains links to third-party websites (“External Sites”), including websites through which you may be able to confirm the availability of and (if you meet the applicable Vaccine Provider’s requirements) schedule an appointment to receive a COVID-19 vaccination. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You may be required to log into your account with the third party responsible for External Sites. Please remember that the manner in which External Sites use, store, and disclose your information is governed solely by the policies of such third parties. You should contact the third party responsible for the applicable External Site if you have any concerns regarding such links or any content located on such External Sites or the policies of such third parties with respect to your use of the External Site or other services of such third party. We will have no liability or responsibility for the privacy practices or other actions of any External Site, and we are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk. We enable certain links to External Sites merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
2.5 User Content and Submissions.
(a) User Content. With respect to the communications or materials you submit to Project Beacon, through the Website or otherwise (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By providing us with any User Content you hereby grant Project Beacon a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, create derivative works of, and otherwise use your User Content in connection with the operation of the Website; the promotion, advertising, or marketing of the foregoing, in any form, medium or technology now known or later developed; and for any other purpose in accordance with applicable law and our Privacy Policy. You understand that the technical processing and transmission of the Service, 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. We are not liable for protection of privacy of email or other information transferred through the Internet or any other network that you may use.
(b) Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website (“Submissions”), provided by you to Project Beacon are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
(c) Usage Data. You hereby authorize Project Beacon and its third-party service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.
(d) Modification, Removal, Preservation and Disclosure. We reserve and retain the right to modify, remove, and/or delete any User Content that in our sole discretion violates these Terms of Service, without prior notice. We may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these Terms of Service; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Project Beacon, our users, and the public.
3. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
3.1 Disclaimer of Warranties. PROJECT BEACON AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE “PROJECT BEACON PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE PROJECT BEACON PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE AND THE CONTENT AT YOUR OWN RISK.
THE PROJECT BEACON PARTIES DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR FREE OR THAT THE WEBSITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO PROJECT BEACON PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE PROJECT BEACON PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
3.2 Limitation of Liability. IN NO EVENT WILL ANY PROJECT BEACON PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PROJECT BEACON PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3.3 State Limitations. SOME STATES DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN SUCH STATES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND THE LIABILITY OF THE PROJECT BEACON PARTIES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
3.4 Medical Advice Disclaimer. PROJECT BEACON DOES NOT OFFER ADVICE REGARDING THE QUALITY OR SUITABILITY OF ANY PARTICULAR VACCINE PROVIDER OR OTHER HEALTHCARE PROFESSIONAL FOR ANY CONDITION, INCLUDING SPECIFIC TREATMENTS OR HEALTH CONDITIONS. WE CANNOT ANSWER UNSOLICITED EMAILS OR OTHER INQUIRIES REQUESTING PERSONAL MEDICAL ADVICE. WHILE THE CONTENT INCLUDES SOME HEALTH-RELATED INFORMATION, THE DATA, SOFTWARE, PHOTOGRAPHS, GRAPHICS, VIDEOS, TEXT, IMAGES, TYPEFACES, SOUNDS AND OTHER MATERIAL INCLUDED IN THE CONTENT OR OTHERWISE AVAILABLE ON THE WEBSITE DESCRIBES GENERAL PRINCIPLES OF HEALTH CARE THAT SHOULD NOT BE CONSTRUED AS SPECIFIC INSTRUCTIONS ON THE USE OF ANY DRUGS, DRUG CANDIDATES, OR VACCINES FOR THE TREATMENT OF ANY MEDICAL CONDITION. IT IS FOR REFERENCE ONLY AND SHOULD NOT BE USED TO DETERMINE TREATMENT FOR SPECIFIC MEDICAL CONDITIONS—ONLY A HEALTH CARE PROVIDER CAN DO THAT. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL PROJECT BEACON BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH GENERAL INFORMATION CONTAINED THEREON, AND RELIANCE THEREON IS SOLELY AT YOUR OWN RISK. YOU ARE ENCOURAGED TO CONFIRM ANY INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE WITH OTHER SOURCES, AND REVIEW ALL INFORMATION AND ADVICE REGARDING ANY MEDICAL CONDITION OR TREATMENT WITH YOUR PRIMARY CARE PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PROJECT BEACON IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, TREATMENT, OR OTHER SERVICES RENDERED BY ANY VACCINE PROVIDER OR OTHER HEALTHCARE PROFESSIONAL, OR FOR ANY CLAIMS (MALPRACTICE OR OTHERWISE) THAT MAY ARISE DIRECTLY OR INDIRECTLY FROM ANY SUCH ADVICE, TREATMENT, OR OTHER SERVICES. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE WEBSITE. IF YOU THINK YOU OR SOMEONE USING THE SERVICE MAY HAVE A MEDICAL EMERGENCY, CALL A DOCTOR OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.
4. INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE PROJECT BEACON PARTIES FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OR RESULTING FROM YOUR BREACH OF THESE TERMS OF SERVICE OR YOUR ACCESS TO, USE OR MISUSE OF THE CONTENT OR WEBSITE. WE WILL PROVIDE NOTICE TO YOU OF ANY SUCH CLAIM, SUIT, OR PROCEEDING. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER WHICH IS SUBJECT TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH CASE, YOU AGREE TO COOPERATE WITH ANY REASONABLE REQUESTS ASSISTING OUR DEFENSE OF SUCH MATTER.
5. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Project Beacon, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Website, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Project Beacon are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND PROJECT BEACON AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PROJECT BEACON AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
c. Pre-Arbitration Dispute Resolution
Project Beacon is always interested in resolving disputes amicably and efficiently, and most Website user concerns can be resolved quickly and to the user’s satisfaction by emailing us at help@beacontesting.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Project Beacon should be sent to Project Beacon COVID-19 LLC, c/o F-Prime Inc., One Main Street, 13th Floor, Cambridge, MA 02142 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Project Beacon and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Project Beacon may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Project Beacon or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Project Beacon is entitled.
d. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Project Beacon and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Project Beacon agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Project Beacon will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Project Beacon will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Project Beacon will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
f. Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
g. Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
h. Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms of Service to the contrary, Project Beacon agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Project Beacon written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
6. TERMINATION OF TERMS OF SERVICE
6.1 We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms of Service and your access to all or any part of the Website or the Content at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website or the Content at any time without prior notice or liability.
6.2 Sections 2 (Use of the Website; User Content), 3 (Limitation of Liability and Disclaimer of Warranties), 4 (Indemnification), 5 (Dispute Resolution By Binding Arbitration), 6 (Termination of Terms of Service), and 8 (Miscellaneous) will survive the termination of these Terms of Service.
7. USER MUST COMPLY WITH APPLICABLE LAWS
7.1 This Website is directed to users in the Commonwealth of Massachusetts, United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
7.2 The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
8. U.S. GOVERNMENT RESTRICTED RIGHTS.
THE CONTENT IS PROVIDED WITH “RESTRICTED RIGHTS.” USE, DUPLICATION, OR DISCLOSURE BY THE GOVERNMENT IS SUBJECT TO THE RESTRICTIONS CONTAINED IN 48 CFR 52.227-19 AND 48 CFR 252.227-7013 ET SEQ. OR ITS SUCCESSOR. USE OF THE WEBSITE OR CONTENT BY THE GOVERNMENT CONSTITUTES ACKNOWLEDGEMENT OF OUR PROPRIETARY RIGHTS IN THE WEBSITE AND CONTENT.
9. MISCELLANEOUS
This Agreement is governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Boston in the Commonwealth of Massachusetts. If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Service, which will remain in full force and effect. Failure of Project Beacon to act on or enforce any provision of these Terms of Service will not be construed as a waiver of that provision or any other provision in these Terms of Service. No waiver will be effective against us unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Project Beacon and you, these Terms of Service constitutes the entire agreement between you and Project Beacon with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to such subject matter. The section headings are provided merely for convenience and will not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. Any information submitted or provided by you to the Website might be publicly accessible. Important and private information should be protected by you. Please contact us at help@beacontesting.com or Project Beacon COVID-19 LLC, c/o F-Prime Inc., One Main Street, 13th Floor, Cambridge, MA 02142 to pose any questions regarding these Terms of Service or the Website.