Legal

Privacy Policy

Updated 1/03/2013

This Privacy Policy applies to all of the products, services and websites offered by Rhiza Labs (“Rhiza”).

If you have any questions about this Privacy Policy, please write to us at:

Privacy Officer
Rhiza Labs
5850 Ellsworth Ave, Suite 200
Pittsburgh, PA 15232
USA

Information we collect and how we use it

We offer a number of services that do not require you to register for an account or provide any personal information to us, such as registration-free portions of flutracker.rhiza.com, www.rhiza.com, and our online websites operated by Rhiza Labs, its customers and partners.
In order to provide our full range of services, we may collect the following types of information:

Information you provide
– When you sign up for a Rhiza Insight, Rhiza Upshot, Rhiza FluTracker, Community Catalog or Rhiza Folio account, we ask you for personal information (such as your name, email address and an account password). When you subscribe to a mailing list, submit a contact form online or participate in our online forums, we will ask you for personal information. We may combine the information you submit under your account with information from other Rhiza services or third parties in order to provide you with a better experience and to improve the quality of our services.

Cookies – When you visit Rhiza Labs, Rhiza Insight websites, Rhiza Upshot websites, Community Catalog websites, Rhiza Folio websites and flutracker.rhiza.com, we send one or more cookies – a small file containing a string of characters – to your computer or other device that uniquely identifies your browser. We use cookies to improve the quality of our service.

Log information – When you access Rhiza services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.

User communications – When you send email or other communications to Rhiza, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.

Affiliated Rhiza services on other sites – We offer some of our services on or through other web sites. Personal information that you provide to those sites may be sent to Rhiza in order to deliver the service. We process such information under this Privacy Policy. The affiliated sites through which our services are offered may have different privacy practices and we encourage you to read their privacy policies.

Links – Rhiza may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our services and for market research purposes.

Rhiza only processes personal information for the purposes described in this Privacy Policy. In addition to the above, such purposes include:

  • Providing our services
  • Auditing, research and analysis in order to maintain, protect and improve our services;
  • Ensuring the technical functioning of our network;
  • Protecting the rights or property of Rhiza or our users; and
  • Developing new services.

Rhiza processes personal information on our servers in the United States of America. In some cases, we process personal information on a server outside your own country. We may process personal information to provide our own services. In some cases, we may process personal information on behalf of and according to the instructions of a third party, such as one of our customers or partners.

Choices for personal information

When you sign up for a particular service that requires registration, we ask you to provide personal information.

We will not collect or use sensitive information for purposes other than those described in this Privacy Policy and/or in the supplementary service privacy notices, unless we have obtained your prior consent. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Rhiza features and services may not function properly if your cookies are disabled.

You can decline to submit personal information to any of our services, in which case Rhiza may not be able to provide those services to you.

Information sharing

Rhiza only shares personal information with other companies or individuals outside of Rhiza in the following limited circumstances:

  • We have your consent. We require opt-in consent for the sharing of any sensitive personal information.
  • We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
  • We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of Rhiza, its users or the public as required or permitted by law.

If Rhiza becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will ensure the confidentiality of any personal information involved in such transactions and provide notice before personal information is transferred and becomes subject to a different privacy policy.

We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users who visited a certain webpage, for example. Such information does not identify you individually.

Please contact us at the address below for any additional questions about the management or use of personal data.

Enforcement

Rhiza regularly reviews its compliance with this Privacy Policy. Please feel free to direct any questions or concerns regarding this Privacy Policy or Rhiza’s treatment of personal information by contacting us through this web site or by writing to us at:

Privacy Officer
Rhiza Labs
5850 Ellsworth Ave, Suite 200
Pittsburgh, PA 15232
USA

When we receive formal written complaints at this address, it is Rhiza’s policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Rhiza and an individual.

Changes to this Privacy Policy

Please note that this Privacy Policy may change from time to time and we will post updates to this policy to our website.

If you have any additional questions or concerns about this Privacy Policy, please feel free to contact us any time through this web site or at:

Privacy Officer
Rhiza Labs
5850 Ellsworth Ave, Suite 200
Pittsburgh, PA 15232
USA

End User License Agreement

Updated 7/30/2009

THIS END USER LICENSE AGREEMENT (EULA) GOVERNS YOUR USE OF THE RHIZA SOFTWARE AND THE INFORMATION COMMONS VIA RHIZA’S ONLINE SERVICE. YOUR USE OF THE SOFTWARE OR ONLINE SERVICE CONSTITUTES YOUR ACCEPTANCE OF THE EULA. ALL CAPITALIZED TERMS CONTAINED IN THIS EULA HAVE THE MEANINGS SET FORTH IN THE MASTER SERVICES AGREEMENT BETWEEN RHIZA AND RHIZA’S CUSTOMER.

1. LICENSE GRANT.

1.1. RHIZA hereby grants to you a non-exclusive, non-transferable license to use the Online Service as provided by RHIZA to RHIZA’s Customer to access the Information Commons and such portions of the Software as are publicly available via the Online Service.
1.2. Your rights under Section 1.1 of this EULA are contingent upon Customer’s full payment of all license and service fees for the Software and Services.

2. RESTRICTIONS.

You may not:

2.1. License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Software, except as is generally available to all users of the Online Services.
2.2. Use, display, copy, distribute and create derivative works from the Content or products and services contained or made available to you in the course of using the Software and the Online Service in any way, except as permitted by the applicable license terms from the owner of such Content.
2.3. Build a competitive product or service or a product using similar ideas, features, functions or graphics of the Software or Online Service.
2.4. Use the Software, Online Service or Information Commons for outsourcing, or in competition with RHIZA.
2.5. Decompile, disassemble, attempt to discover the source code or reverse engineer any portion of the Software that RHIZA does not provide in source code form, or permit any third parties to do so.
2.6. Use the Software, Online Service or Information Commons to send spam or otherwise duplicative, unsolicited or fraudulent messages in violation of applicable laws.
2.7. Use the Software, Online Service or Information Commons to send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights.
2.8. Use the Software, Online Service or Information Commons to send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.
2.9. Use the Software, Online Service or Information Commons to attempt to gain unauthorized access to the Software or its related systems or networks.
2.10. Interfere with or disrupt the integrity or performance of the Information Commons or the data contained therein.
2.11. Remove, obliterate or cancel from view any copyright, trademark, confidentiality or other proprietary notice appearing on any portion of the Software or documentation related to Services, or fail to reproduce and include the same on all documentation related to Services.

3. USER OBLIGATIONS.

3.1. You agree to abide by this EULA including any materials available on the RHIZA website, including but not limited to RHIZA’s privacy policy. RHIZA reserves the right to modify its privacy policy in its reasonable discretion from time to time.
3.2. You agree to implement and maintain all such administrative, physical and technical safeguards as may be necessary to prevent unauthorized users from gaining entry or access to the Software, Online Service and Information Commons.
3.3. You must within five (5) business days install or accept any RHIZA-installed updates, upgrades or modifications to Software provided by RHIZA and discontinue all use of previous versions of the Software.
3.4. You are responsible for all activity occurring on your website and you will abide by all applicable laws, treaties and regulations in connection with your use of the Software, Online Services, and Information Commons, including those related to privacy, international communications and the transmission of technical or personal data.
3.5. You will: (i) notify RHIZA immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) notify RHIZA immediately and use reasonable efforts to stop any copying or distribution of Content that you know of or suspect.

4. ACCOUNT INFORMATION AND DATA; NO PRIVACY IN DATA.

4.1. RHIZA is not responsible for any data, information or material that you submit to the Software or the Information Commons. You are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all such Customer Data.
4.2. RHIZA may permit you to include license terms for use by third parties of Content that you post to the Information Commons. You acknowledge and agree that once you select license terms for any Content that you upload to the Information Commons, you may not be able to subsequently change those terms. RHIZA is not responsible for enforcing any license between you and a third party governing use of your Content.
4.3. The Information Commons includes Content posted by other users of the Information Commons. RHIZA is not responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, or intellectual property ownership of such Content.
4.4. RHIZA is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.
4.5. You acknowledge that the Information Commons is a peer-to-peer, public, information-sharing network. All Customer Data that you upload may be available to others indefinitely. The Information Commons is not for private Customer Data.

5. INTELLECTUAL PROPERTY RIGHTS.

5.1. RHIZA retains all Intellectual Property Rights and protections in the Software and Online Service. Portions of the Software, Online Service, and Information Commons may be licensed by others to RHIZA, in which case the terms of the third party license agreements shall apply.
5.2. You retain all Intellectual Property Rights in any Customer Data. However, you understand and agree that the Information Commons is a peer-to-peer network in which all materials are available to all users.
5.3. Title and Intellectual Property rights in and to any Content displayed by or accessed through the Information Commons belongs to the respective Content owner. Such Content may be protected by copyright or other intellectual property laws and treaties, and may be subject to the terms of use of the third party providing such Content.

6. TERMINATION/SUSPENSION.

6.1. Your rights to use the Software, Online Service, and Information Commons shall automatically terminate if you breach any term of this EULA. RHIZA may suspend your service and/or terminate this EULA as set forth in the Master Service Agreement between Customer and RHIZA, of if that Master Service Agreement is terminated. Sections 2, 4 and 5 of this EULA survive termination.
6.2. If you breach any term of this EULA, in addition to other remedies RHIZA is entitled to seek injunctive relief without the need to post any bond or demonstrate actual damages.

7. GOVERNING LAW.

7.1. This EULA is governed by Pennsylvania law, without giving effect to principles of conflict of laws. All claims arising under this EULA must be brought in courts located in Allegheny County, Pennsylvania. By using the Software, Online Service, or Information Commons, you expressly consent to the exclusive jurisdiction of those courts under this EULA.

Data Feed Subscription License Agreement

Updated 09/21/09

THESE TERMS AND CONDITIONS MAY CHANGE PERIODICALLY, SO CHECK BACK OFTEN.

THIS LICENSE AGREEMENT is made and entered into by and between Rhiza Labs, LLC (“we”, “us”, “Rhiza Labs” or “RL”) and you.

H1N1 Information, Confidentiality

Information furnished by Rhiza Labs to User is intended for User’s sole and exclusive use and shall be considered proprietary information, ownership of which shall remain with Rhiza Labs and Recombinomics, LLC. User shall be fully responsible for maintaining confidentiality of account access information and for all charges made to User’s account.

Licenses

1. We grant you the non-exclusive, non-transferable right to exhibit and display on your single domain World Wide Web site (“Site”) or in one single application (“Application”) the H1N1 Data per your subscription. A single domain is defined as either a single TLD or any single 3rd level subdomain of a TLD. For example. www.mydomain.com, www.mydomain.net, mysite.mydomain.com and yoursite.mydomain.com are examples of four single domains, each requiring a separate subscription. A single Application is defined as a software application created for use on a computer or mobile device.

2. You understand that the Content will include H1N1 related information and that we may change, eliminate or discontinue any of the Content at any time in our sole discretion.

3. You agree that the Service is furnished and shall be used solely for Educational, Non-Profit, Government or Commercial use as accurately represented by User. User agrees to truthfully represent the nature of User’s use and email address, and the truthfulness of any information provided by User during the use of this website.

4. You agree to pay for the service subscribed to pursuant to this Agreement

5. The rights granted to you are also limited as follows:

  • You may not use the Content except as we have agreed in this Agreement;
  • You may not edit, alter, modify or prepare any derivative works of the Content except to display the Content on your single domain World Wide Web site or single Application.
  • You may not imply, directly or indirectly, including by using the Content together with content provided by you or others, that we provide, endorse, sponsor, certify or approve of other content included within the Site or any products or services advertised in or near the Content;
  • You may not resell, sublicense, retransmit or otherwise distribute any of the Content in its raw or unaltered form or format;
  • You may not resell, sublicense, retransmit or otherwise distribute any images created from the Content except to exhibit and display on your Site or Application.
  • You will not exhibit or display the Content together with any content (including advertising) that is adult-themed, tobacco-related, alcohol-related, gambling-related (other than promotional contests) or related to “get-rich-quick” or similar schemes;
  • You will not use the Content as all or part of any streaming video or audio content or for video delivery by any means other than static display on the Site;
  • We will have the right to review and approve the manner in which the Content is displayed on the Site. Our review and approval will not be unreasonably withheld or delayed.
  • You agree not to use the Content or services to violate law.
  • You agree that the data may not be used in competitive services without our written permission. You may not create competitive services or functionality with the Content we provide without our written permission.

Copyright, Storage and Ownership of Service

1. You understand and agree that, as between us and you, we are the sole owner of all right, title and interest in and to the Content, including all copyrights therein, and our Marks. All uses of the Marks shall inure to our benefit. Once this Agreement has been terminated, you will delete all Content and Marks from the Site.

2. You hereby transfer, convey and assign to us, and agree to cause your officers, directors, employees and agents to transfer, convey and assign to us, all right, title and interest in or to any and all intellectual property in which you acquire an interest which, under this Agreement, is owned by us. You also agree to execute and to cause your officers, directors, employees and agents to execute any documents that we may request for the purpose of evidencing, enforcing, registering or defending our ownership of that intellectual property.

Events Beyond Rhiza Labs’s Control

Rhiza Labs, shall not be held responsible for any failure or malfunction in power or communications nor the failure or refusal of third party transmission intermediaries to perform, continue or renew their contractual arrangements with Rhiza Labs, nor inability to perform occasioned by such or by labor strife, war, riot or other events beyond the control of Rhiza Labs. If the Service or delivery thereof is disrupted by any such event(s), Rhiza Labs’s obligations hereunder shall be suspended during the period of occurrence for such disrupting event(s).

Performance / Indemnification

User hereby agrees that it will well and truly indemnify and save harmless Rhiza Labs, from all manners of suit, actions, damages, charges and expenses, including attorney and counsel fees, which Rhiza Labs, may sustain by reason of User’s use of this Content. User’s breach of any of the terms, covenants or conditions of the Agreement, or other claims against Rhiza Labs, arising from this Agreement. Rhiza Labs’s failure to perform this Agreement, resulting from any event(s) not specified above, shall cause it to be liable to User in a maximum aggregate amount not to exceed the cost of service paid for by User at the time of failure, if any, and still unused by User. This shall be the exclusive remedy hereunder. User agrees to use the Content consistent with the terms and conditions contained herein and shall not disclose the account information or password to any unauthorized person.

No Warranties

RHIZA LABS MAKES NO WARRANTIES HEREUNDER, AND THIS DISCLAIMER OF WARRANTIES INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

Disclaimer and Limit of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVICE, ERRORS ON THE SERVICE, AND THE INTERNET GENERALLY. THIS CONTENT IS PROVIDED BY RHIZA LABS, ON AN “AS IS” BASIS. YOU AGREE TO ACCEPT SUCH TERMS, CONDITIONS AND POLICIES AS SET FORTH HEREIN, AS MAY BE AMENDED FROM TIME TO TIME AT RHIZA LABS’ SOLE DISCRETION. RHIZA LABS, AND ITS SUBSIDIARIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RHIZA LABS, AND ITS SUBSIDIARIES DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. RHIZA LABS, AND ITS SUBSIDIARIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM THE LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE CONTENT, ANY DELAYS ON THE CONTENT, ANY PURCHASE OR SERVICE RELATED TO THE CONTENT, OR THE INABILITY TO USE THE SERVICE, ANY PORTION THEREOF, OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RHIZA LABS, OR ANY OF ITS SUBSIDIARIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law

The validity and effect of this Agreement will be governed by and construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania without regard to its rules of conflicts of law. All claims relating to this Agreement will be resolved in the state courts located in Allegheny County, PA and federal courts located in Pittsburgh, PA and you agree to that venue and the exclusive jurisdiction of those courts.

Non-Assignability

Neither this Agreement nor any rights or obligation hereunder may be assigned by User without our prior written consent.

Privacy

Rhiza Labs, collects information on this site during the purchasing or registration process for business purposes that will allow us to better and more efficiently serve you. Some uses Rhiza Labs makes of this information are processing and verifying purchases, billing, and providing you with up-to-date information on the newest Rhiza Labs products, if so desired. Rhiza Labs, collects this information for internal use only. Rhiza Labs, does not sell or redistribute this information to outside organizations. Rhiza Labs, may at times release aggregate user information to advertisers as may be requested or required. However, any information provided is aggregate information only and specific individual information of the nature provided during the registration process is never given to outside organizations. Rhiza Labs, may disclose user information to law enforcement authorities or as may be required by subpoena. Excepting personal information collected during the purchasing or registration process, information and data you provide may be used by Rhiza Labs or Third Parties to, among other things, retrieve or create the product or service that you have requested. Please be advised that this information may be stored by Rhiza Labs or Third Parties as “preferences” or otherwise and used without restriction. Further, all information submitted is and becomes the exclusive property of Rhiza Labs and by submitting material to Rhiza Labs, you accept responsibility for its accuracy, appropriateness and legality.

Export Controls

The Content may only be used in compliance with applicable statutes or regulations relating to the country of destination, or to the users or the use of the website. By using this website, you are representing and warranting that you are not located in, under the control of, or a national resident of any such embargoed country or on any such denial list. In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export or use the content, and you represent that you have complied with any regulations or registration procedures required by applicable law.

Miscellaneous

This Agreement contains the entire agreement between the parties relating to the subject matter hereof. This Agreement cannot be modified or terminated orally, and no modifications to this Agreement will be binding unless in writing and duly executed by both parties. If any provision of this Agreement is held invalid, unenforceable or illegal for any reason, that provision will be deemed to apply only to the maximum extent permitted by law, and the remainder of this Agreement will remain valid and enforceable in accordance with its terms.

Subscription Fees

User agrees to pay to Rhiza Labs the fees stated or as specified from time to time. Charges will be calculated based upon the subscription package selected. Failure of payment shall render due and payable all sums plus a late payment charge of one and one half percent per month. Fees may be prorated for portions of months. Use of the service beyond the free time or without proper authorization will result in charges to billing or credit card account.
Packages, once purchased, are nonrefundable, regardless of use or lack of use by user.

Once a charge has been processed to a user’s credit card account, the user shall not request his or her credit card company to reverse the charge or charge it back to Rhiza Labs. If user has a legitimate basis to request a credit for a charge previously processed against his or her credit card account, he or she shall request a credit from Rhiza Labs by written notice and resolve the issue directly with Rhiza Labs. Any reversed charges which cause the credit card company to impose a charge back cost against Rhiza Labs shall be reimposed by Rhiza Labs upon user. Such costs may exceed the cost of the reversed item or charge back by many times.

From time to time Rhiza Labs may offer the same or similar products or services at different prices for market testing or promotion.

Term

This Agreement shall remain in effect beginning on signup and it shall remain and continue in effect unless 30 days written notice of termination is received by one party from the other party. The prices and terms are subject to change upon notice by Rhiza Labs to User. Posting of notice on the System shall constitute notice.

Written Notice

Written notice of termination and requests for credit shall be provided in the following manner: email notification to support@rhiza.com in writing and mailed by certified mail to our address at 2730 Sidney Street, Suite 300, Pittsburgh, PA 15203.

Renewal Terms

Monthly subscription packages do not automatically renew. Users will be reminded 30 days prior to subscription package expiration to renew. Failure to renew subscription prior to the package expiration date will result in a lapse in data feed access.

Google Maps API

Your use of any map images provided by Rhiza Labs that utilize Google Map base tiles is governed by the terms of the Google Maps API, located on the following webpage: http://code.google.com/apis/maps/terms.html

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