Terms of Use

(Last Update: November 12, 2024)

These Terms of Use ("Agreement") describe the terms and conditions applicable to your access and use of the factory.ndp.utah.edu website (the "Website"). You accept this Agreement by using the Website or accessing any content available through the Website. The National Data Platform ("NDP"), a collaboration between the University of Utah, University of California San Diego, and University of Colorado Boulder, may revise this Agreement at any time by posting the updated Terms on the Website. Your continued use of the Website after such changes constitutes your acceptance of the updated Terms.

General Disclaimer, Limitation of Liability, & Indemnity

THE WEBSITE AND ALL CONTENT ON THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE UNIVERSITY OF UTAH, THE UNIVERSITY OF CALIFORNIA SAN DIEGO, THE UNIVERSITY OF COLORADO BOULDER, ALONG WITH THEIR AFFILIATES, SUBSIDIARIES, AND CO-PRINCIPAL INVESTIGATORS INVOLVED IN THE NATIONAL DATA PLATFORM (COLLECTIVELY REFERRED TO AS "NDP") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USERS ARE RESPONSIBLE FOR VERIFYING THE ACCURACY AND COMPLETENESS OF ANY INFORMATION OBTAINED FROM THE WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NDP DISCLAIMS ALL LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ACCESS TO OR USE OF THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USERS AGREE TO INDEMNIFY AND HOLD NDP HARMLESS AGAINST ANY CLAIMS ARISING FROM THEIR USE OF THE WEBSITE.

Monitoring

This system is monitored for security, operational efficiency, and compliance with legal standards. Unauthorized attempts to modify system information or access it unlawfully may result in civil penalties, criminal prosecution, or both.

Data Collection and Privacy

NDP may collect certain information including, but not limited to, IP addresses, URLs, login credentials, client IDs, client secrets, tokens, and other details provided through web forms to enable functionality and enhance the user experience. NDP implements reasonable security measures to protect the confidentiality and integrity of collected information.

Permitted Uses

As long as you agree and comply with the terms of this Agreement, you may view, download, and/or print content from the Website solely for personal, informational, and non-commercial use. You agree not to remove or modify any acknowledgments, credits, or legal notices contained on the Website or in the content. Additionally, you agree not to access the Website by any means other than through a standard web browser on a computer or mobile device. You shall not damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of it. Any use of the Website or its content in a manner not expressly permitted by this Agreement is prohibited.

Proprietary Rights

All rights, titles, and interests in and to the Website and its content are the sole and exclusive property of NDP and its participating institutions. You agree not to reproduce, duplicate, copy, sell, or exploit any part of the Website or its content for commercial purposes without NDP's prior written consent, whether for commercial or non-commercial purposes. Your use of the Website constitutes acknowledgment that it and its content are protected by intellectual property laws and are owned exclusively by NDP.

Trademarks & Copyright

Unauthorized use of any NDP trademark, service mark, or logo is strictly prohibited and may violate federal and state trademark laws. The Website is also protected by international copyright laws. Except as expressly permitted in this Agreement, you may not modify, reproduce, distribute, or create derivative works of the content, design, or layout of the Website without NDP's prior written consent. You agree to respect all copyright notices and intellectual property rights associated with the Website.

Links to Other Sites

Through hyperlinks or other connections, you may gain access to other websites not controlled by NDP. These external sites are provided solely as a convenience, and NDP does not endorse, review, or assume responsibility for the content on these sites. Accessing such links is at your own risk, and once you leave NDP's Website, you are subject to the privacy policies and terms of use of the linked sites. NDP disclaims all liability for any data breaches, losses, or damages that may occur as a result of accessing or using such external sites.

Links to factory.ndp.utah.edu

Unless explicitly stated in a written agreement between you and NDP, you must comply with the following linking policy if you choose to link to the Website: (i) the appearance, position, and other aspects of the link must not damage or dilute the goodwill associated with NDP's name or trademarks; (ii) the appearance, position, and context of the link must not imply any form of sponsorship, endorsement, or affiliation with NDP; (iii) when clicked, the link should display the Website on full-screen without being enclosed within a "frame" on your website; and (iv) NDP reserves the right to revoke its consent to any link at its sole discretion.

Choice of Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, USA, without regard to its conflict of laws principles, except as otherwise required by applicable law. Any disputes related to this Agreement shall be resolved exclusively in the state or federal courts located in Utah, unless otherwise specified by applicable laws in California or Colorado. You agree to submit to the exclusive jurisdiction of the courts in Utah for resolving disputes related to this Agreement.

Changes

NDP reserves the right to modify, suspend, or discontinue any part of the Website at any time, with or without notice. It is your responsibility to review the Terms regularly. Continued use of the Website after any changes constitutes acceptance of the updated Terms.