CAS Terms of Use
Terms and Conditions for the CAS Fatigue Risk Model
THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF CIRCADIAN SOFTWARE PRODUCTS AND TOOLS THAT WE DELIVER OR OTHERWISE MAKE AVAILABLE TO YOU (“PRODUCTS”), INCLUDING THE PRODUCTS ACCESSED THROUGH THE WEBSITE webcas.circadian.com THAT WE MAKE AVAILABLE TO YOU. BY ELECTRONICALLY ACCEPTING THESE TERMS AND CONDITIONS OR OTHERWISE USING THE PRODUCTS, YOU (“YOU,” “YOUR”) ARE ENTERING INTO AN AGREEMENT (“AGREEMENT”) WITH CIRCADIAN TECHNOLOGIES, INC. (“WE,” “US, “OUR”) UNDER THE TERMS AND CONDITIONS BELOW. THIS AGREEMENT DOES NOT APPLY TO PRODUCTS THAT YOU LICENSE FROM US PURSUANT TO AN ORDER THAT WE ACCEPT; IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, “YOU” AND “YOUR” REFERS TO THAT COMPANY.
Intellectual Property Provisions
All content provided within or via this Site is protected by various United States, state, and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner. The content of this Site may not be “framed” or “mirrored.” All trademarks presented on or via this Site are owned by their respective owners and may not be used by you in any way.
All content provided within or via this Site is protected by various United States, state, and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner. The content of this Site may not be “framed” or “mirrored.” All trademarks presented on or via this Site are owned by their respective owners and may not be used by you in any way.
Warranty Disclaimer
All content, tools, functions, and services provided via this Site are provided on an “as is” basis, and Circadian disclaims any and all warranties, express or implied, including those warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Such disclaimers may be limited by the laws of your state, and if so limited, may not apply to you. No warranties of validity regarding any of the content provided herein on this Site are made and the operators of this Site have not independently verified the validity of any of the content presented herein on this Site. It is your duty to independently engage in due diligence to verify any and all claims presented within this Site.
Accident Prediction Tools
From time to time, Circadian may provide software or other tools that can be used to predict whether accidents are likely to happen (“Accident Prediction Tools”). These Accident Prediction Tools may not accurately predict the timing of accidents since such accidents are inherently unpredictable and may result from a wide variety of factors and conditions. Any Accident Prediction Tools provided by Circadian for use on the Site should be used only as one tool to assist you in making your own determination of when accidents may occur. Circadian assumes no responsibility or liability for any accidents that may occur whether or not such accidents are or are not predicted through the use of Circadian’s Accident Prediction Tools.
From time to time, Circadian may provide software or other tools that can be used to predict whether accidents are likely to happen (“Accident Prediction Tools”). These Accident Prediction Tools may not accurately predict the timing of accidents since such accidents are inherently unpredictable and may result from a wide variety of factors and conditions. Any Accident Prediction Tools provided by Circadian for use on the Site should be used only as one tool to assist you in making your own determination of when accidents may occur. Circadian assumes no responsibility or liability for any accidents that may occur whether or not such accidents are or are not predicted through the use of Circadian’s Accident Prediction Tools.
Limited License for Personal Use
You are allowed to make one copy of the content of this Site made available to you by downloading such material into the cache of your personal computer. You may not reproduce or distribute any content provided by this Site. Your license to use a personal copy of this Site is revocable by the operators of this Site at any time upon notice to you at your last known email address or by the posting of a general notice on this Site to all users. Your license is terminated automatically upon your breach of any term or condition provided herein these Terms.
You are allowed to make one copy of the content of this Site made available to you by downloading such material into the cache of your personal computer. You may not reproduce or distribute any content provided by this Site. Your license to use a personal copy of this Site is revocable by the operators of this Site at any time upon notice to you at your last known email address or by the posting of a general notice on this Site to all users. Your license is terminated automatically upon your breach of any term or condition provided herein these Terms.
Termination of Service
We reserve the right to terminate any and all service provided to you at any time without notice for any reason we deem fit. We also reserve the right to discontinue the use of any Materials or modify any Materials with no notice to you.
We reserve the right to terminate any and all service provided to you at any time without notice for any reason we deem fit. We also reserve the right to discontinue the use of any Materials or modify any Materials with no notice to you.
Prohibited Content
You may not engage in any conduct that is harmful to this Site, or our members or visitors, or their computers.
You may not engage in any conduct that is harmful to this Site, or our members or visitors, or their computers.
Automatic Viewing or Usage of this Site
You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.
You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.
Links to Third-Party Sites
We may provide links to third-party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies. Please carefully review the terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage of such third-party sites.
We may provide links to third-party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies. Please carefully review the terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage of such third-party sites.
Submissions
All submissions, such as letters, comments, advice, questions, and other communications similar in nature to those you might write to a magazine or periodical (but not personal information) become the property of this Site. All submissions are non-confidential in nature. We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication and we may edit the submissions for space requirements. You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations. You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions support a legal cause of action.
All submissions, such as letters, comments, advice, questions, and other communications similar in nature to those you might write to a magazine or periodical (but not personal information) become the property of this Site. All submissions are non-confidential in nature. We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication and we may edit the submissions for space requirements. You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations. You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions support a legal cause of action.
Content Issues
We are not responsible for any content provided to us by our Site clients or any third parties or entities. We do not screen content provided by our Site clients or any third parties or entities and you agree that we do not have any duty to do so prior to such being published on our Site. We are not liable for any content that may be obscene, indecent, misleading, fraudulent, racist, intolerant, harmful, or otherwise objectionable where such content has been displayed due to the actions of one or more of our users or any third party or entity. You agree to hold us harmless regarding any claims arising from your exposure, or the exposure of your family members, loved ones, or computers, to any such content.
We are not responsible for any content provided to us by our Site clients or any third parties or entities. We do not screen content provided by our Site clients or any third parties or entities and you agree that we do not have any duty to do so prior to such being published on our Site. We are not liable for any content that may be obscene, indecent, misleading, fraudulent, racist, intolerant, harmful, or otherwise objectionable where such content has been displayed due to the actions of one or more of our users or any third party or entity. You agree to hold us harmless regarding any claims arising from your exposure, or the exposure of your family members, loved ones, or computers, to any such content.
You understand and agree that use of the Internet means that you are subject to the risk of receiving or viewing harmful offensive content and files. We do not promise that we will review and edit all content for safety, quality, accuracy, or decency that you encounter via our Site.
We do not endorse any of the products that you may purchase via our Site, and we are not responsible for any product liability issues regarding those products. All warranties regarding such products are limited solely to the warranties provided by the manufacturers and the law, and the manufacturers are solely responsible for all warranties and guarantees of any and all nature.
Jurisdiction/Arbitration
These Terms will be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies, or claims arising out of or relating to these Terms will be resolved through mandatory binding arbitration conducted in Boston, Massachusetts, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) these Terms. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in these Terms will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will initially bear its own costs and attorneys' fees, but the prevailing party shall be reimbursed by the other party for all attorneys’ fees, witness fees, and arbitration costs. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of these Terms. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. In the event that the amount in controversy is within the jurisdictional amount of the small claims court located in Boston, MA, the matter may be settled in the small claims court without any obligation to submit the cause of action to mandatory, binding arbitration as set forth herein. The jurisdictional limit for small claims in Massachusetts is two thousand dollars. You agree to waive any and all claims in excess of two thousand dollars if you agree to proceed to small claims court in Massachusetts to resolve any claim between yourself and us.
These Terms will be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies, or claims arising out of or relating to these Terms will be resolved through mandatory binding arbitration conducted in Boston, Massachusetts, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) these Terms. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in these Terms will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will initially bear its own costs and attorneys' fees, but the prevailing party shall be reimbursed by the other party for all attorneys’ fees, witness fees, and arbitration costs. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of these Terms. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. In the event that the amount in controversy is within the jurisdictional amount of the small claims court located in Boston, MA, the matter may be settled in the small claims court without any obligation to submit the cause of action to mandatory, binding arbitration as set forth herein. The jurisdictional limit for small claims in Massachusetts is two thousand dollars. You agree to waive any and all claims in excess of two thousand dollars if you agree to proceed to small claims court in Massachusetts to resolve any claim between yourself and us.
Limitation of Liability
CIRCADIAN IS not responsible for any damages arising from your use of thE Site, or any MATERIALS, tools, functions, or services that this Site provides to you, whether the cause of action be based on tort, breach of contract, or any other legal theory, including punitive, actual, indirect, incidental, or consequential damages of any nature or due to any cause of any nature. You agree to hold CIRCADIAN harmless from any loss or harm of any nature due to your usage of this Site or any tool or service that CIRCADIAN provideS to you. You agree that you will never sue or cause this Site to be sued for any reason or any legal theory whatsoever. Should you file any lawsuit against CIRCADIAN, you agree that damages will be limited to that precise amount of money that you have paid us for services rendered to you, IF ANY.
DISCLAIMER
THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL AND CLERICAL ERRORS. CIRCADIAN EXPRESSLY DISCLAIMS ANY OBLIGATION(S) TO UPDATE THIS SITE OR ANY OF THE MATERIALS ON THIS SITE. CIRCADIAN DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. CIRCADIAN RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. CIRCADIAN MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS, AND THE PROGRAMS, SERVICES, TOOLS, OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS TECHNICAL ADVICE OF ANY MANNER.
Force Majeure
Circadian shall be not liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, pandemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. Circadian is not responsible for server downtime under any circumstances.
Circadian shall be not liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, pandemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. Circadian is not responsible for server downtime under any circumstances.
Intellectual Property Notices
You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent, or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be “willful” in nature.
You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent, or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be “willful” in nature.
All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of state, federal and international laws, and regulations.
MARKETING EMAILS
We may, from time to time, send you emails regarding our service so that we can directly communicate with you regarding issues we determine to be relevant. We may also provide you with promotional information about our tools and services, as well as tools and services offered by our partners. An opt-out procedure is provided with each mailing regarding general offers or information. You must accept emails from us that deal with specific issues regarding your account. This is because we may need to contact you if there is a change in the service that we are providing you or if we need to respond to an inquiry that you have sent us regarding a customer service issue or other important concern.
Contacting Us
Surface Mail:
CIRCADIAN® Technologies, Inc.
2 Main Street, Suite 340
Stoneham, MA 02180
USA
2 Main Street, Suite 340
Stoneham, MA 02180
USA
CIRCADIAN.COM PRIVACY POLICY
Circadian.com, and its owner, CIRCADIAN® Technologies, Inc., a member of the international network of CIRCADIAN™ companies, are both committed to protecting your privacy and the security of your personal identifying information. This Privacy Policy details how we use your personal identifying information. This Privacy Policy may be modified at any time without notice to you. Please review this document each time you visit us or use any of our tools or services.
We will never reveal your personal information to any third party or entity--except under the following circumstances.
- If a governmental agency, or an attorney, subpoenas your private information, or makes a formal request for discovery pursuant to any legal action, or pending legal action.
- If our attorney requests such information relevant to a current or pending legal matter in which you are a potential or actual party or otherwise contributed in some way to the causation of the legal matter.
Cookies
Please note that we employ the use of cookies. Currently, we employ cookies when users create user accounts, but we may further employ cookies to assist the functionality of other tools, services, and functions in the future.
Cookies are small programs that enhance your use of the Internet, in general, and specifically, we use cookies to enhance your usage of our functions.
As you employ our functions, your username, password, and email address are recorded in our database. A session cookie is written to your browser for the purpose of maintaining an authenticated session with you, the user.
The information gathered is not shared with third parties. You may turn off your cookies by adjusting the appropriate setting on your browser.
Please consult the HELP menu of your browser to learn how to turn your cookies off. Cookies do not reveal personal information and if you turn off your cookies you may find your enjoyment of the Internet, and our site, to be reduced or impaired.
General Information
In order to seek out and repair functionality issues with our servers and related programming, we may use your email and IP addresses for evaluation and diagnostic purposes.
We may also use your email and IP addresses to automatically recognize you should you contact us or use our tools and services. Groups of email and IP addresses are also gathered so that we may have broad demographic information.
You may be required to complete online registration forms that provide us with contact information (such as your name and street address), your email address, and your phone numbers.
We may, from time to time, send you emails regarding our service so that we can directly communicate with you regarding issues we determine to be relevant. We may also provide you with promotional information about our tools and services, as well as tools and services offered by our partners. An opt-out procedure is provided with each mailing regarding general offers or information. You must accept emails from us that deal with specific issues regarding your account or membership. This is because we may need to contact you if there is a change in the service that we are providing you or if we need to respond to an inquiry that you have sent us regarding a customer service issue or other important concern.
Naturally, should you purchase a product or service through Circadian.com, we will require sufficient information from you so that we can complete the transaction. Such information could include a credit card number and related account and billing data, invoice-related information, and other data required for processing the order. We will also update such data should you grant us permission to bill you or your credit card for recurring charges, such as monthly or other types of periodic payments. All information of this nature is maintained by us in a secure database and transmitted across the Internet from you to us using secured transmission encryption.
Please contact us if you should have any questions, comments or concerns about this privacy policy.
