Terms of Service

Effective Date: 01/01/2022
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The following Terms of Use sets forth COLABORATORY INC.’s (“Colaboratory,” "we", "our") terms and conditions for the site at colaboratory.io (the “Site”) and the Colaboratory software application. By accessing, viewing, downloading, or otherwise using the Site, the Colaboratory software application, or any webpage or service available via the Site (collectively, the “Services”), you, the user of the Site, acknowledge and agree to be bound by the following Terms of Use (the "Terms of Use"). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, DO NOT CONCLUDE THIS AGREEMENT, AND DO NOT USE OR ACCESS (OR CONTINUE TO USE OR ACCESS) THE SITE, VIEW, DOWNLOAD, OR OTHERWISE USE ANY colaboratory WEBPAGE, INFORMATION OR SERVICES THEREIN. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.  THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Portions of our Site allow you to use online forms.  Please remember that many of these forms are sent via email or other methods and may not be secure against interception across the internet.   

COMMUNICATIONS WHICH YOU TRANSMIT VIA THE SITE ARE NOT CONFIDENTIAL.  YOU ARE RESPONSIBLE FOR YOUR OWN COMMUNICATIONS AND THE CONSEQUENCES OF SUCH POSTINGS, SUBMISSIONS, OR TRANSMITTALS.  DO NOT USE THE SITE TO TRANSMIT ANY INFORMATION THAT YOU WISH TO KEEP PRIVATE.  

1. Intellectual Property Notices
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Site Content

All content on the Site, including the logo, articles, materials, documents, other text and graphics (collectively, the "Site Contents") is the intellectual property of Colaboratory. The Site Contents available on the Site is protected by trademark, trade dress, copyright, and patent laws of the U.S. The Site Contents may not be copied, imitated, used, or disseminated in whole or in part, without the prior written permission of Colaboratory. You may view, print, copy, and download portions of the Site Contents solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records. Colaboratory reserves the right to revoke this authorization at any time.

You may not reverse engineer, decompile, modify, reproduce, distribute, publish, or disassemble any portion of the Site except and only to the extent that such activity is expressly permitted by Colaboratory.

Users posting their own content on the Site pursuant to the terms of these Terms of Use retain the copyright in such material, but they are deemed to have given Colaboratory a license to the material sufficient for the purposes of operating the Site, which means Colaboratory may copy the material for backup and archival purposes, display it on the Site, use for targeted in site advertising and/or lead generation, allow viewers to view it (including by downloading a copy to the viewer's machines) and edit it for length or compliance with the rules applicable to User postings on the Site. This license is perpetual, worldwide, royalty-free, transferable as part of any transfer of the Site in whole or in part, and fully-paid up. Colaboratory also has the right to remove, at its sole discretion, any User or Content Provider content from the Site at any time for any purpose, without any notice, and without any liability.

The services provided by Colaboratory through the Site require the use of potentially copyrightable material such as photographs, video recordings, audio recordings, and works of authorship. Copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to if they have a good-faith belief that their protected works are being infringed. If you want to send us notices or service of process, please contact us:

ONLINE at:  support@colaboratory.io

OR BY MAIL at:colaboratory, Inc.Attn: DMCA Agent55 Monument Circle, Suite 200Indianapolis, IN 46204

Please write: “Infringing Content” on the envelope or cover sheet to speed up processing of your request. To be effective, your notification to us must be in writing and include:

1. A physical signature of the owner of an exclusive right that is allegedly infringed, or of a person authorized to act on behalf of the owner;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site;
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3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
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4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
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6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Service Eligibility

You represent and warrant that you: (a) are not under the age of 18; (b) have not previously been suspended or removed from Colaboratory; (c) are not a direct competitor of Colaboratory; (d) have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party; and (e) that you understand that the use of the Site is at your own risk. The Site Contents on Colaboratory may not be appropriate or functional for use outside the United States of America. Users located outside the United States use the Site understanding this limitation.

3. General Terms of Use

You must provide correct and complete personal and business information as requested by us on the Site. As part of your use of the Site, you may be required to submit certain content (including any name, contact information, business information, and other personal information). By submitting any information to us, you represent and warrant that such submission is accurate, complete, current, and is not in violation of any contractual restrictions or other third party rights.

Colaboratory exercises no control over any content you or others submit while using the Site. While we reserve the right to, we are not obligated or responsible for monitoring, editing, screening, or removing any content you or others submit while using the Site. Colaboratory has no obligation to verify the identity of any users when they are connected to Colaboratory or to supervise the content which has been provided by users. We may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise misappropriating your information, you must immediately inform Colaboratory by contacting us at support@colaboratory.io.

We value hearing from you, and are always interested in learning about ways we can improve the Site, or the services we offer. If you choose to submit comments, ideas, feedback, or your contact information, you agree that we may use them without restriction and without any compensation, attribution or accounting to you.

Prohibited Conduct

You agree that you will NOT:

• Violate all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.
• Use inaccurate or provide false information in your profile, including providing an image that is not your likeness or a head-shot photo for your profile.
• Create a false profile or make any misrepresentations about your identity, or any other aspect of your profile.

• Create a profile for another individual, or use another individual’s credentials to access the Services.
• Use any device, a robot, spider, script, automated process, or manual process or other means to harvest information about other users, or any content from the Site.
• Transmit, install, upload or otherwise transfer any virus, malware, or other item or process to the Site that in any way affect the use, enjoyment or service of the Site.

• Transmit, install, upload or otherwise transfer any virus, malware, or other item to the Site that in any way affect the use, enjoyment or service of any user's or colaboratory employee's computer or other medium used to access the Site.
• Transmit, install, upload or otherwise transfer any material to the Site that is fraudulent, inaccurate, offensive, violent, lewd, salacious, explicit, discriminatory, illegal, infringing, hateful, pornographic or sexually suggestive. colaboratory reserves the sole discretion to determine the nature of the material.
• Transmit, install, upload or otherwise transfer to the Site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).

• Modify the information, including headers, found on the Site.
• Remove any copyright, trademark or other proprietary rights notices contained in or on our Service.
• Transmit, install, upload or otherwise transfer to the Site any unauthorized advertisement or communication, including but not limited to spam, and phishing emails.

• Engage in any action that imposes an unreasonable or disproportionately large load on the Site, or that colaboratory determines is detrimental to the use and enjoyment of the Site.
• Use the Site for any unlawful or defamatory means.
• Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.

• Collect, use, copy, or transfer any information obtained from colaboratory without the consent of colaboratory.
• Share or disclose information of others without their express consent.
• Override any security feature of the Services.

4. INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COLABORATORY AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, LICENSORS, DIRECTORS, SUPPLIERS, OTHER PARTNERS, EMPLOYEES AND REPRESENTATIVES FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY TO OR ARISING OUT OF YOUR USE OF THE SITE, OR YOUR USE OF OR CONNECTION TO COLABORATORY (INCLUDING ANY USE BY YOU ON BEHALF OF A THIRD PARTY). WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO PARTICIPATE IN OR ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

WE RESERVE THE RIGHT TO DENY SERVICE TO ANYONE, AT ANY TIME, AND FOR ANY REASON, AS ALLOWED BY LAW, OR FOR ANY OTHER REASON.

5. DISCLAIMER OF WARRANTIES

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

YOUR USE OF THE SITE AND THE SITE'S CONTENTS IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING THE INFORMATION AND SERVICES PROVIDED BY COLABORATORY ARE ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. COLABORATORY DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COLABORATORY MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE, ANY CONTENT ON THE SITE, OR SERVICES.

COLABORATORY MAKES NO WARRANTY OR REPRESENTATION THAT: (a) COLABORATORY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF COLABORATORY WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, SITE CONTENTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN COLABORATORY WILL BE CORRECTED. IN PARTICULAR, COLABORATORY'S OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. COLABORATORY DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, COLABORATORY DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTION, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE COLABORATORY SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SITE CONTENTS FROM COLABORATORY, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

COLABORATORY IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF COMMENTS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH COLABORATORY TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE COLABORATORY SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON COLABORATORY MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.

COLABORATORY DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS COLABORATORY SERVICES BY OTHER USERS; THEREFORE, COLABORATORY DECLINES ALL LIABILITY FOR INACCURATE INFORMATION; FRAUD; NEGLIGENCE; WILLFUL MISCONDUCT; OR ANY OTHER INAPPROPRIATE USE OF COLABORATORY.

COLABORATORY DOES NOT GUARANTEE AND IS NOT OBLIGATED TO GUARANTEE THE AVAILABILITY, ACCESSIBILITY, OR USABILITY OF OUR SITE. COLABORATORY, IN OUR SOLE DISCRETION, MAY INTERRUPT THE AVAILABILITY, ACCESSIBILITY, OR USABILITY OF OUR SERVICES, WITHOUT NOTICE, AT ANY TIME, WITHOUT ANY LIABILITY.

6. LIMITATION OF LIABILITY

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

TO THE FULL EXTENT PERMITTED BY LAW, COLABORATORY IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH COLABORATORY, EVEN COLABORATORY HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE COLABORATORY; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM COLABORATORY; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON COLABORATORY, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) COLABORATORY CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, RELY UPON, MODIFY OR DISTRIBUTE.

7. Termination of Service

We reserve the right, at our sole discretion, to terminate any and all service provided to you at any time without notice for any reason.  We also reserve the right, at our sole discretion, to discontinue any service or modify any service without notice, at any time, and without liability.  We shall not be liable to you or any third party if we terminate your access and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your access.  You agree that any material breach of these Terms of Use will result in irreparable harm to colaboratory for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, colaboratory will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs.  You waive any requirement for the posting of a bond or other security if colaboratory seeks such an injunction.

8. Advertisements and Promotions

colaboratory may run advertisements and promotions from third parties on the Site.  Your correspondence or business dealings with, or participation in promotions of, advertisers other than colaboratory found on or through the Site, including delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.  colaboratory is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-colaboratory advertisers on the Site.

9. Third Party Content

You may find links to other Internet sites or resources on the Site.  You acknowledge and agree that colaboratory is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any contents, advertising, products, or other materials on or available from such third party sites or resources (the "Third Party Content").  colaboratory will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such Third Party Content available on or through any such third party site or resource, even if one or more pages of the third party site is/are framed within our Site.

10. Use of Third Party Applications

From time to time, colaboratory uses third party applications, hardware, software, and services in providing functionality to you. For the purposes of providing functionality to you—including but not limited to email delivery, and user use data— colaboratory will pass data—including, but not limited to, contact data, email addresses, and other stored information—to third parties. colaboratory is not required to disclose third parties involved in any of the above described transactions or features.

11. Controlling Law

Indiana law and controlling U.S. federal law govern any action related to the Terms of Use and/or your use of the Site. Choice of law rules of any jurisdiction will not apply to any dispute under the Terms of Use. You and colaboratory agree to submit to the personal and exclusive jurisdiction of the courts located within Marion County, Indiana.

12. Entire Agreement

These Terms of Use contains the full understanding between the parties and supersedes all prior representations or agreements, whether oral or written, with respect to such matters.  If any provision of the Terms of Use is held invalid by any law or regulation of any government, or by any court, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms of Use will remain in full force and effect.