Terms of Use

In order to use this website and the services made available on the site, you must first agree to these Terms of Use. You may not use the site or the services if you do not accept these Terms. By using our public site, you understand and agree that we will treat your use of the site and our services as acceptance of these Terms.

Last Updated: 14^th December, 2020

License. All Pistoia Alliance FAIR Toolkit content made available for download from the Pistoia Alliance FAIR Toolkit (i.e. any text or images) is licensed under the Creative Commons Attribution 4.0 International (CC BY 4.0) license. For further details, see “Copyright and Limited License to Site and Site Materials” below.

Legal Notices. This website (the “website” or “site”) and the services made available on the site (the “services”) are provided by Pistoia Alliance, Inc. (“Pistoia”) as a public service to our users. Please carefully review the following basic rules that govern your use of the website. Please note that your use of the site constitutes your unconditional agreement to follow and be bound by these Terms of Use. If you do not agree to them, do not use the website or the services, provide any materials to the site or download any materials from it. Pistoia reserves the right to update or modify these Terms at any time without prior notice to you (the “User”). Your use of the site following any such change constitutes your unconditional agreement to follow and be bound by these Terms as changed. For this reason, we encourage you to review these Terms of Use whenever you use this website.

These Terms of Use apply to the use of this website and do not extend to any linked third-party sites. These Terms and our Privacy Policy, which is hereby incorporated by reference, contain the entire agreement (the “Agreement”) between Pistoia and you with respect to this site. Any rights not expressly granted herein are reserved.

Permitted and Prohibited Uses. This website provides access to the Pistoia FAIR Toolkit for Life Science Industry (“FAIR Toolkit”), supporting FAIR Implementation by industry in the field of life sciences. You may not use the website or the FAIR Toolkit to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data. You may not upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret, or disclose via the website any information the disclosure of which would constitute a violation of a confidentiality obligation on your part. You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject Pistoia’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of Pistoia’s website. You are strictly prohibited from communicating on or through this site any unlawful, harmful, offensive, threatening, abusive, libellous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

You may not use the website in a way that harms Pistoia or Pistoia’s members, affiliates or vendors, or other users of the site.

Copyright and Limited License to Site and Site Materials. The website and all materials on the website, including without limitation any Pistoia and third party logos and all specifications, requirements and other documents, videos, text, graphics, pictures, information and other content are the proprietary property of Pistoia, its licensors and/or other contributors to the FAIR Toolkit.

The FAIR Toolkit materials available for download from this web site are made available under the Creative Commons Attribution 4.0 International (CC BY 4.0) license. Any use of the FAIR Toolkit in violation of the terms of such license is prohibited and will result in license termination.

Trademarks. Pistoia, Pistoia Alliance, the Pistoia logo, the FAIR Toolkit^(T) name and logo, and any other product or service name or slogan contained in the website are trademarks of Pistoia and its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Pistoia or the applicable trademark holder, provided, however, that you may use the FAIR Toolkit name and logo in association with FAIR Toolkit materials and derivative works so long as you comply with such trademark usage guidelines as Pistoia may from time to time make available. Use of any other Pistoia trademark is subject to the trademark license agreement(s) you may have with Pistoia and your compliance with any applicable Pistoia trademark usage guidelines. You may not use any metatags or any other “hidden text” utilizing “Pistoia,” “Pistoia Alliance” or any other confusingly similar name, trademark or product or service name of Pistoia without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the website are the property of their respective owners. Reference to any product vendors, laboratories, auditors, test tools, products, services, processes or other information, whether by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by Pistoia.

FAIR Toolkit Submissions. Contributions of additional materials to the FAIR Implementation for Life Science Industry project for possible inclusion in the FAIR Toolkit are welcome. If you would like to make a contribution, please contact Ian Harrow at ian.harrow@pistoiaalliance.org. Please note that Pistoia does not want to receive confidential or proprietary information from you.

Use of Personally Identifiable Information. This site is not configured to accept an data or information, personal or otherwise.

Indemnification. You agree to defend, indemnify and hold harmless Pistoia, its employees, directors, officers, affiliated companies, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use or misuse of the site, including, without limitation, your violation of these Terms of Use.

Termination. These Terms of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms, you must cease use of this website. If you’re dissatisfied with this website, its content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using this website. Pistoia reserves the right to terminate or suspend your access to and use of this site, or parts of this site, without notice, if we believe, in our sole discretion, that such use is (i) in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where Pistoia has reason to believe that you are in violation of these Terms of Use.

WARRANTY DISCLAIMER. THE PISTOIA WEBSITE, SERVICES, AND ASSOCIATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PISTOIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. PISTOIA MAKES NO REPRESENTATIONS OR WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PISTOIA MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES. PISTOIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS OR SERVICES INCLUDED ON THIS SITE.

IN NO EVENT SHALL PISTOIA OR ANY OF ITS AFFILIATED COMPANIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE SITE OR THE SERVICES, EVEN IF PISTOIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. PISTOIA SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE SITE. YOUR PARTICIPATION IN THE SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PISTOIA OR THROUGH PISTOIA, ITS EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

Liability Limitation. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL PISTOIA OR ANY OF ITS AFFILIATED COMPANIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR FOR ANY INFORMATION OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PISTOIA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

PISTOIA’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE WEBSITE WILL NOT EXCEED TEN THOUSAND U.S. DOLLARS ($10,000.00). YOU AGREE AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT PISTOIA WOULD NOT PROVIDE THE SITE OR SERVICES ABSENT SUCH LIMITATION.

General. Pistoia is based in the United States. Pistoia makes no claims that the content on the site is appropriate or may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed in all respects by the laws of the State of Delaware, excluding Delaware’s conflicts of laws provisions. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms. A party may give notice to the other party only in writing at that party’s principal place of business, attention of that party’s principal legal officer, or at such other address or by such other method as the party shall specify in writing. Notice shall be deemed given upon personal delivery or facsimile, or, if sent by certified mail with postage prepaid, 5 business days after the date of mailing, or, if sent by international overnight courier with postage prepaid, 7 business days after the date of mailing. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of Pistoia to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Pistoia’s rights with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to this Agreement or your use of this site must be brought in the state or federal courts of the State of Delaware, and you consent to the exclusive personal jurisdiction and venue of such courts.

Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises. These Terms set forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter. The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach.

Links to Other Materials. This site may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that Pistoia offers such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products or services referenced therein, and Pistoia reserves the right to note its lack of affiliation, sponsorship, or endorsement on this site. If you decide to access any of the third-party sites linked to this site, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, Pistoia cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

Notification of Possible Copyright Infringement. In the event you believe that material or content published on the site may infringe on your copyright or that of another, please provide detailed written notice of such possible infringement to:

Errol Sandler, Secretary
Pistoia Alliance, Inc. c/o Virtual, Inc.
401 Edgewater Place, Suite 600 Wakefield MA 01880, USA