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August 2020
These Terms of Service (“Terms”) govern your (“You” or “Your”) access to and use of the ResponsiBLUE mobile application (“App”). The App is made available by the Regents of the University of Michigan (“Michigan”). These Terms govern Your access to and use of the App.
1. App
As used in this Agreement, “App” means the ResponsiBLUE application made available by Michigan. The App is designed to collect COVID-19 symptom information in support of the Michigan’s community public health and safe return to campus.
2. Your Access
The App is intended for use by members of the U-M community. Access to the App requires authentication using U-M credentials (uniqname and password or “Level One”).
BY USING THE APP, YOU EXPLICITLY CONSENT TO THE COLLECTION OF CERTAIN PERSONAL INFORMATION, IN ACCORDANCE WITH AND AS MORE PARTICULARLY SET OUT IN THE PRIVACY POLICY, FOR THE PURPOSE OF PROVIDING THE FOREGOING AND ANY FUTURE FUNCTIONALITY OF THE APP AND FOR ANY OTHER PURPOSE IDENTIFIED IN THE PRIVACY POLICY.
Regardless of the physical location from which You access or use the App, You will be considered to be accessing or using information technology of the University of Michigan.
3. Intellectual Property Rights
The content available on the App is subject to copyright. Reproduction, processing, dissemination and use of any kind require written consent from Michigan. The App is also protected by various intellectual property rights. As between You and Michigan, Michigan holds the copyright and all other intellectual property rights and interests in the App. You are granted a non-exclusive limited license to use the App as described in this Agreement for personal, noncommercial purposes and any terms that were provided with the App. You are not permitted to use, reverse-engineer or otherwise exploit the App beyond the grant of license.
4. Code of Conduct
As a condition of your access and use, you agree that you may use the App only for lawful purposes and in accordance with these Terms. In addition to any other terms and conditions of this Agreement and of Your obligation to responsibly use Michigan Information Technology systems (including, but not limited to, SPG 601.07 Responsible Use of Information Resources), YOU AGREE TO ABIDE BY THE FOLLOWING:
- You will not share access credentials, or otherwise authorize any third party to access or use the App on Your behalf.
- You will not engage in unlawful, illegal, or fraudulent activity, including, without limitation, by engaging in unauthorized access or unauthorized use of the App or any accounts, computers, or networks related to the App.
- You will not damage, disrupt, interfere with, diminish, or render inaccessible or unusable the App, or attempt to do so, or encourage or assist others to do so.
- You will not attempt to circumvent or violate the security of the App in any way.
- You will not use the App to perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data.
- You will not use the App to abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
- You will not use the App to libel or defame others.
- You will not resell or charge others for the App, either directly or indirectly.
5. Suspension and Termination of Your Use of the App
If You breach or violate the terms of this Agreement, Your access to and use of the App may be suspended or terminated.
6. Changes to Agreement
Michigan may make changes to this Agreement. Michigan will inform You that changes have been made via the following web page https://its.umich.edu/computing/web-mobile/responsiblue/terms-of-service. You should routinely check the web page to find out if any changes have been made that affect Your use of the App. Unless otherwise specified, changes made to this Agreement will be effective when they are posted to the web page. BY ACCESSING THE APP FOLLOWING THE POSTING OF CHANGES, YOU AGREE TO ALL SUCH CHANGES.
7. Monitoring
Michigan may monitor Your use of the App to assess compliance with the terms of this Agreement and or other state or federal requirements. For more information on data collection and use, see the App’s Privacy Policy.
8. Disclaimer and Limitation of Liability
THE APP IS BEING PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT.
YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THIS APP DOES NOT PROVIDE OR INTEND TO PROVIDE MEDICAL ADVICE, AND THAT SUCH ADVICE IS THE RESPONSIBILITY OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONAL. THE APP IS NOT INTENDED TO BE USED IN PLACE OF PROFESSIONAL MEDICAL ADVICE, JUDGMENT, DIAGNOSIS, OR TREATMENT. SHOULD YOU HAVE ANY HEALTH RELATED ISSUED OR QUESTIONS DURING YOUR USE OF THE APP, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. THE APP DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT, OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND THE COMPANY PARTIES. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF YOUR USE OF THE APP OR BECAUSE OF SOMETHING YOU READ OR LEARNED THROUGH THE APP. DO NOT USE THE APP FOR ANY EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE SEVERE SYMPTOMS OR A MEDICAL EMERGENCY, CALL 911 (OR, IF LOCATED OUTSIDE THE USA, YOUR LOCAL EMERGENCY HOTLINE) IMMEDIATELY. IF YOU NEED NON-EMERGENCY MEDICAL TREATMENT, PLEASE CONTACT YOUR PHYSICIAN DIRECTLY.
NOTHING IN THIS AGREEMENT OR OTHERWISE IS INTENDED TO, AND MICHIGAN DOES NOT, WAIVE ANY GOVERNMENTAL OR OTHER IMMUNITIES OR DEFENSES THAT MAY BE GRANTED, APPLICABLE, OR AVAILABLE TO MICHIGAN IN ANY WAY WHATSOEVER.
9. Governing Law
This Agreement will be governed by and construed in accordance with the laws of the state of Michigan.
10. General
Your access to and use of App are governed by this Agreement. In the event You have any questions about this Agreement, contact the ITS Service Center.
If any part of this Agreement is determined to be invalid or unenforceable then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement will continue in effect. The failure of Michigan to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. You are prohibited from assigning this Agreement or transferring Your rights under this Agreement to anyone else.