These Terms of Service are a contract between you and DeerLab, Inc. By using DeerLab you represent that you have read and understood, and you agree to, all of these Terms of Use.
A valid credit card is required for paying accounts. Free trial accounts are not required to provide a credit card number. The DeerLab Site is billed in advance on a annual basis in accordance with our pricing schedule and all annual payments are nonrefundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
If you sign up for a paid account and you don't cancel that account, you will be billed annually starting on the day the service starts. If you cancel prior to the processing of your next annual invoice, you will not be charged.
An upgrade from the free trial plan to any paying plan will end your free trial. You will be billed immediately upon upgrading.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the DeerLab Site and payments made by you herein.
DeerLab reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. DeerLab may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that DeerLab has no obligation to prescreen or monitor your access to or use of the DeerLab Site or any information, materials or other content provided or made available through the DeerLab Site, but has the right to do so. You hereby agree that DeerLab may, in the exercise of DeerLab' sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.
If a user violates any of the terms outlined below, we reserve the right to cancel accounts or bar access to accounts without notice.
You are solely responsible for properly canceling your Account. To do this, select the gear icon at the top right of every page once logged in. If you need help, please contact DeerLab via the chat window at the bottom right of each page.
An email or phone request to cancel your Account shall not result in cancellation.
You can cancel your Account at any time from the "Account" pages. The account owner is the only user that has access to this page. On the page there is an account cancellation link. Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from DeerLab once your account is cancelled. Please be aware that DeerLab may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.
Cancellations will take effect immediately. Upon the commencement of a new service period, the DeerLab Site will terminate without additional notice, and you will not be charged for any subsequent service periods. You will not be provided any refunds for unused time on your service period.
DeerLab, in its sole discretion, has the right to suspend or terminate your Account if you breach these Terms of Service. DeerLab may refuse to provide you any current or future use of the DeerLab Site, or any other DeerLab service. Any termination of your Account will result in the deactivation or deletion of your Account, denied access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from DeerLab once your Account is terminated; however DeerLab may for a time retain residual information in our backup and/or archival copies of our database.
DeerLab reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the DeerLab Site (or any part thereof) with or without notice.
Prices of all DeerLab plans, including but not limited to monthly or annual subscription plan fees to the DeerLab Site, are subject to change. If the price of your plan does change, your fees will not.
DeerLab shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the DeerLab Site.
DeerLab reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current DeerLab Site, including the release of new tools and resources, shall be subject to the Terms of Service.
We claim no intellectual property rights over the material you provide to the DeerLab Site. Your profile remains yours.
DeerLab does not prescreen Content, but DeerLab and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the DeerLab Site.
The look and feel of the DeerLab Site is © 2013-2021 DeerLab, Inc. all rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from DeerLab.
You Agree To Indemnify And Hold DeerLab, Inc. (dba DeerLab), Its Parents, Subsidiaries, Affiliates, Officers, Partners And Employees, Harmless From Any Claim Or Demand, Including Reasonable Attorneys' Fees, Made By Any Third Party Due To Or Arising Out Of Your Use Of The Service, Use Of Your Account By Any Third Party, The Violation Of The Terms Of Use By You, Or The Infringement By You, Or Any Third Party Using Your Account, Of Any Intellectual Property Or Other Right Of Any Person Or Entity.
The DeerLab Site and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether expressed or implied. DeerLab is a distributor and not a publisher of the content supplied by third parties; as such, DeerLab exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Site. Without limiting the foregoing, DeerLab specifically disclaims all warranties and representations as the publisher of any content transmitted on or in connection with the Site or on Sites that may appear as links on the Site, or as the manufacturer of the products provided as a part of, or otherwise in connection with, the Site, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by DeerLab nor any of its affiliates, employees, officers, directors, agents, or the like shall create a warranty. Price and availability information is subject to change without notice.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of law provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of DeerLab.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS DEERLAB FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCLUDING, BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE OR INFRINGEMENT AGAINST DEERLAB, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY PROVISIONS OF THESE TERMS OF USE, YOUR MISUSE OF THE DEERLAB SOFTWARE AND SERVICES, OR YOUR UNAUTHORIZED MODIFICATION OR ALTERATION OF THE DEERLAB SOFTWARE AND SERVICES OR RELATED SOFTWARE.
YOU UNDERSTAND AND AGREE THAT THE DEERLAB SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DEERLAB MAKES NO WARRANTY THAT USE OF THE DEERLAB SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES DEERLAB MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE DEERLAB SERVICES (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE DEERLAB SERVICES WILL BE CORRECTED OR THAT THE DEERLAB SOFTWARE OR DEERLAB SERVICES WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, DEERLAB DOES NOT WARRANT THAT THE DEERLAB SERVICES OR THE DEERLAB SERVERS THAT PROVIDE YOU WITH DATA AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DEERLAB ALSO ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO, VIRUSES THAT MAY INFECT SOFTWARE OR HARDWARE OWNED OR LICENSED BY YOU. DEERLAB, ON BEHALF OF THEMSELVES AND THEIR SUPPLIERS, DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE DEERLAB SOFTWARE AND SERVICES, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS.
Because some jurisdictions do not permit the exclusion of implied warranties, the last sentence of this section may not apply to you.
IN NO EVENT WILL DEERLAB OR THEIR PARTNERS, ADVERTISERS, ASSOCIATES AND SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, MISUSE OF USER INFORMATION, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE DEERLAB SOFTWARE, OR USE OF THE DEERLAB SERVICES THROUGH YOUR ACCOUNT BY ANYONE ELSE, EVEN IF DEERLAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL DEERLAB'S TOTAL CUMULATIVE LIABILITY TO YOU AND ANYONE WHO USES THE DEERLAB SERVICES THROUGH YOUR ACCOUNT, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW, EXCEED THE AGGREGATE AMOUNT YOU PAID TO DEERLAB IN THE PRECEDING TWELVE MONTHS. YOU UNDERSTAND THAT THESE LIMITATIONS OF DEERLAB AND THEIR SUPPLIERS' LIABILITY ARE A FUNDAMENTAL PART OF THIS AGREEMENT.