FACTS.CIRCADIAN.COM TERMS OF SERVICE
This Conditions of Use instrument constitutes the Terms of Service Agreement, hereinafter referred to as the "Agreement", and is a legally binding Agreement between you, ("You") the visitor or user of the facts.circadian.com website, hereinafter referred to as the "Site", and Circadian International, Inc ("CIRCADIAN"/"Us"/"We" and words to that effect), the corporate owner and operator of this Site.
As a condition precedent to you being able to use any of the tools, functions and services provided to you by this Site at no charge or fee, or to purchase a membership at this Site or pay a fee to obtain access and use of additional services or products offered by CIRCADIAN, or to purchase any product created by third parties and offered via this Site, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any component of this Site, or use any tools, functions or services that this Site offers, register as a member, or view any text or graphics, or purchase any product or service, such activities on your part expressly means that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once and refrain from using any tool or service presented on our Site.
General Site Overview
We provide online software tools and various information relating to assessing the probability that an individual was impaired by fatigue at the time of an incident, accident, error or operational deviation, and the probability that that level of fatigue in that individual was the proximate cause of that incident, accident, error or operational deviation ("FACTS"/ "Fatigue Accident/Incident Causation Testing System"/ "Software"/ "Online Tools") and words to that effect. Please see our disclaimer for important information regarding the information that we provide.
Special Legal Guidelines
You must respect the trademarks, trade dress, and copyright as well as any patent and any and all intellectual property rights of any person or entity. You must also not violate the right of publicity, right of privacy or other similar rights. You may not defame any person or entity or violate any laws of any nature or jurisdiction while visiting our site or using any tool or service that we provide to you.
You must follow any and all posted guidelines and rules of conduct regarding this Site, and any such guidelines and rules are incorporated by reference into this document as if fully set forth herein.
You agree to hold us harmless and defend and indemnify us regarding any civil claim of any nature filed or threatened against us due to your violation of this section or your alleged or proven violation of any law of any nature in any jurisdiction.
We may deny you access to the Site at anytime for any reason without prior notice to you.
We may discontinue part or all of our Site at anytime for any reason without prior notice to you.
Much of our Site will be available only to those parties who have purchased a membership to our Site.
You may not impersonate any third person or entity at any time.
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.
Disclaimer Regarding Functionality
All content, tools, functions and services provided via this Site are provided on an "as is" basis and this Site 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 this Site are made and the operators of this Site have not independently verified the validity of any of the content presented herein this Site. It is your duty to independently engage in due diligence to verify any and all claims presented within this Site.
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 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 this Agreement.
Not Permitted for Use in Litigation
You agree and understand that FACTS or any of the data and information provided on this Site or downloaded from this Site is not designed to be used, and You agree that you will not use this Site or information obtained from this Site, in the litigation of accidents and incidents where fatigue impairment is alleged by a party to the action.
CIRCADIAN does not represent or warrant that the calculated overall probability of fatigue impairment derived by FACTS rises to the level of a reasonable degree of scientific or medical certainty required by a court of law, since it is not designed to consider all the relevant evidence that may be available in a litigated case. FACTS is specifically designed for statistical assessments of fatigue impairment in a population of people or employees involved in incidents, accidents or other events, but not for the use of litigating any claim concerning any action, error or performance of any individual.
Promulgation of CIRCADIAN, or any of its employees, affiliates or associations, including Dr. Martin Moore-Ede, as an expert based on FACTS software, data, fatigue probability scores or other information obtained on or from this Site is misrepresentation.
Your use of this Site (or the use of this Site by any of your associates, partners or employees or contractors including expert witnesses) is expressly conditioned on your agreement not to use FACTS, or any of the content or data derived from this Site, or the fact of our current or previous engagement by opposing counsel in other matters as a means of enhancing or diminishing our credibility in conjunction with any appearance before a trier of fact.
Should information become known that would make your continued use of this Site inappropriate we reserve the right to deny your use of this Site.
You agree to hold Circadian, its affiliates, employees, directors, officers, shareholders, consultants and agents harmless from all liabilities, costs (including attorneys fees), and expenses relating to your use of this Site, as well as expenses (and those of our legal counsel) incurred by reason of any action taken or committed to be taken by us in good faith. In no event will CIRCADIAN (or any of its affiliated companies or partnerships, employees, shareholders or partners) be liable for incidental or consequential damages even if we have been advised of the possibility of such damages.
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 any service or modify any service with no notice to you. You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.
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.
Links to Third Party Sites
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 supports a legal cause of action.
Limitation of Liability
We are not responsible for any damages arising from your use of this Site, or any 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 us harmless from any loss or harm of any nature due to your usage of this Site or any tool or service that we provide 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 us, you agree that damages will be limited to that precise amount of money that you have paid us for services rendered to you.
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 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 manufactures are solely responsible for all warranties and guarantees of any and all nature.
This Agreement 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 this Agreement 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) this Agreement. 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 this Agreement 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 this Agreement. 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 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.
This Site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.
We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this Site or elsewhere. Any usage of this Site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.
We may post user guidelines or rules on our site. If we do publish such materials, they are hereby incorporated into this Agreement as if fully set forth herein.
Notices to you may be issued via electronic mail or by surface mail, at our sole selection.
Neither party shall be 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, 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. We are 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.
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.
Circadian International, Inc.
Attn: Dr Martin Moore-Ede
2 Main Street, Suite 310
Stoneham, MA 02481
 It should be noted that FACTS is not designed to be used, nor should be used, in the litigation of accidents and incidents where fatigue impairment is alleged by a party to the action. CIRCADIAN does not represent or warrant that the calculated overall probability of fatigue impairment derived by FACTS rises to the level of a reasonable degree of scientific or medical certainty required by a court of law, since it is not designed to consider all the relevant evidence that may be available in a litigated case. FACTS is specifically designed for statistical assessments of fatigue impairment in a population of people or employees involved in incidents, accidents or other events. As such it can serve as a useful tool in data-driven Fatigue Risk Management Systems.