1. Acceptance of These Terms
These Terms of Use ("Terms") govern your access to and use of the website located at bioradarusa.com and any content, features, dashboards, briefings, and services made available through it (collectively, the "Site"). The Site is operated by BioRadar PBC, a public benefit corporation ("BioRadar," "we," "us," or "our").
By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not access or use the Site.
These Terms apply to the public Site only. Any data, deliverable, or service provided under a separate written agreement — including subscription agreements, data use agreements, memoranda of understanding, or professional services contracts — is governed by that agreement, which controls in the event of any conflict with these Terms.
2. Description of the Site
The Site provides biosurveillance intelligence content, which may include a public biological risk index, interactive dashboards, a free periodic briefing, and related informational materials. This content is derived from a combination of public data sources, licensed data, and BioRadar's proprietary analytical methods.
The Site and its content are provided for general informational purposes only. We may change, suspend, or discontinue any part of the Site at any time without notice.
3. No Medical, Public Health, or Professional Advice
The Site does not provide medical, clinical, diagnostic, emergency, legal, or other professional advice, and must not be relied upon as such.
Biosurveillance signals, indices, forecasts, and briefings are probabilistic analytical outputs. They are not diagnoses, confirmations of disease presence or absence, or a substitute for official guidance from a licensed clinician, a public health authority, or an emergency responder.
Do not use the Site to make or delay any medical, clinical, safety, or emergency decision. In a medical emergency, contact your local emergency services. For public health guidance, consult your relevant government health authority.
You are solely responsible for any action you take, or decline to take, based on content from the Site.
4. Eligibility
You must be at least 18 years old to use the Site. By using the Site, you represent that you meet this requirement and that you have the authority to accept these Terms on behalf of yourself or any organization you represent.
5. Registration and Communications
Certain features, such as the free briefing, may require you to provide an email address or other information. You agree that the information you provide is accurate and current. You are responsible for any activity that occurs under your registration.
By subscribing, you consent to receive the briefing and related communications from BioRadar. You may unsubscribe at any time using the link in those communications. Our handling of your information is described in our Privacy Policy.
6. Acceptable Use
You agree not to:
- Access, scrape, harvest, index, or extract Site content by automated means without our prior written consent;
- Copy, republish, redistribute, resell, sublicense, or commercially exploit any Site content except as expressly permitted in writing;
- Reverse engineer, decompile, or attempt to derive the underlying methods, models, rule sets, or data pipelines behind any content;
- Use the Site to develop or train a competing product, index, model, or dataset;
- Circumvent, disable, or interfere with any security, access-control, or usage-limiting feature of the Site;
- Introduce malware or otherwise interfere with the operation or integrity of the Site;
- Use the Site in violation of any applicable law or regulation, including export controls and sanctions; or
- Misrepresent your identity or affiliation, or use the Site in a manner that could harm BioRadar or any third party.
We may investigate and take appropriate action, including suspending or terminating access, for any suspected violation.
7. Intellectual Property
The Site and all content, features, functionality, indices, methodologies, analytical outputs, text, graphics, logos, and trademarks are owned by BioRadar or its licensors and are protected by intellectual property and other laws.
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your own internal, non-commercial informational purposes. No other rights are granted. All rights not expressly granted are reserved.
"BioRadar" and associated names, logos, and marks are trademarks of BioRadar PBC. You may not use them without our prior written permission.
8. Third-Party Data and Links
The Site aggregates and references data from third-party and public sources and may contain links to third-party websites. We do not control and are not responsible for the accuracy, completeness, availability, or content of any third-party source or site. Reference to a third-party source does not imply endorsement. Your use of any third-party site or data is at your own risk and subject to that third party's terms.
9. Disclaimer of Warranties
THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, BIORADAR DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SITE OR ITS CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY SIGNAL, INDEX, OR FORECAST WILL PROVE CORRECT.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BIORADAR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE.
IN NO EVENT WILL BIORADAR'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE EXCEED ONE HUNDRED U.S. DOLLARS (US$100).
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
11. Indemnification
You agree to indemnify and hold harmless BioRadar and its officers, directors, employees, contractors, and licensors from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Site or your violation of these Terms or any applicable law.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Massachusetts, without regard to its conflict-of-laws rules. You agree that any dispute arising out of or relating to these Terms or the Site will be resolved exclusively in the state or federal courts located in Suffolk County, Massachusetts, and you consent to the personal jurisdiction of those courts.
13. Changes to These Terms
We may modify these Terms at any time. When we do, we will update the "Last Updated" date above. Material changes may be communicated through the Site or by other reasonable means. Your continued use of the Site after changes take effect constitutes acceptance of the revised Terms.
14. Termination
We may suspend or terminate your access to the Site at any time, with or without cause or notice. Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and governing law — will survive.
15. Miscellaneous
If any provision of these Terms is held unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any provision is not a waiver. These Terms, together with the Privacy Policy and any applicable separate agreement, constitute the entire agreement between you and BioRadar regarding the Site. You may not assign these Terms without our consent; we may assign them freely.
16. Contact
Questions about these Terms may be directed to:
BioRadar PBC
PO BOX 8
Waban, MA 02468
Email: legal@bioradarusa.com