PLATFORM TERMS OF USE
IMPACT LABORATORY SERVICES, INC.
PLATFORM TERMS OF USE
Last Updated: February 12, 2025
These Platform Terms of Use (“Terms”) are a binding agreement between Impact Laboratory Services, Inc. (“Impact Laboratories”) and the client identified in the order (“Client”, “you”, or “your”) for Impact Laboratories’ services that include certain Impact Laboratories software tools (“Impact Laboratories Services”) executed under a separate written agreement between Client and Impact Laboratories (the “Service Agreement”) that references these Terms and governs Client’s, and its employees’ and agent’s, access to and use of the My Green Lab Certification Hub and/or the ACT Audit Portal and the proprietary tools, guides, standards, data, and other materials made available through such platforms (collectively, the “Platform”). These Terms are provided exclusively with the provision of services under the Service Agreement and apply to any access and use of the Platform by Client, including you on behalf of Client. These Terms supersede any other terms, agreements, or understandings, whether written or oral, that relate to your access to and use of the Platform. However, if the parties have entered a separate written and executed agreement that expressly governs access to and use of the Platform, the terms of that separate agreement will control to the extent of any conflict with these Terms. For clarity, to the extent applicable, references throughout these Terms to Impact Laboratories’ licensors, include My Green Lab (“MGL”).
PLEASE CAREFULLY READ THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS IN THEIR ENTIRETY, DO NOT ACCESS OR USE THE PLATFORM OR ANY COMPONENT THEREOF. IF YOU ARE AN INDIVIDUAL ACCESSING THE PLATFORM ON BEHALF OF CLIENT, THEN BY CLICKING “ACCEPT THE TERMS” AND USING THE PLATFORM ACCESSING, DOWNLOADING AND/OR USING THE TOOLS AND/OR ACCESSING ANY DATA OR INFORMATION MADE AVAILABLE THROUGH THE PLATFORM, YOU REPRESENT AND WARRANT (i) YOU ARE ACCESSING THE PLATFORM ON BEHALF OF YOUR ORGANIZATION AS ITS AUTHORIZED REPRESENTATIVE OR EMPLOYEE, (ii) YOU AND YOUR ORGANIZATION HAVE ENTERED INTO A VALID SERVICE AGREEMENT WITH IMPACT GOVERNING THE PROVISION OF THE IMPACT SERVICES; (iii) THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THESE TERMS, (iv) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, (v) YOU WILL COMPLY WITH THESE TERMS AND ANY APPLICABLE PROVISIONS OF THE SERVICE AGREEMENT, AND (vi) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS PERSONALLY OR ON BEHALF OF THE ORGANIZATION YOU HAVE NAMED AS THE USER UPON REGISTRATION (IF YOU WILL BE THE ACCOUNT ADMINISTRATOR (AS DEFINED BELOW)) OR ON BEHALF OF THE ENTITY THAT HAS NAMED YOU AS AN AUTHORIZED REPRESENTATIVE (AS DEFINED BELOW) UNDER SUCH ENTITY’S ACCOUNT, AND TO BIND THAT ENTITY TO THESE TERMS.
Impact Laboratories reserves the right, from time to time, in its sole discretion, to revise, modify, or update these Terms. When changes are made, Impact Laboratories will provide you with notice either by email or through the Platform. We will also update the “Last Updated” date at the top of the Terms. Impact Laboratories may require you to provide consent to the updated Terms in a specified manner before further use of the Platform. If you do not agree to any change(s) after receiving notice of such change(s), you agree to stop using the Platform. Otherwise, your continued use of the Platform constitutes your acceptance of such changes. PLEASE REGULARLY CHECK THE PLATFORM TO VIEW THE CURRENT TERMS.
Access and Use of the Platform.
Platform.
Your access and use of the Platform, including any results therefrom, is contingent on Client’s timely and full payment of the applicable fees set forth in the applicable order. Impact Laboratories reserves the right to suspend or limit your access to portions of the Platform (including any results) should you fail to remit timely payment.
User Content; Results.
Types of Content and Results.
How User Content Submitted and How User Content and Results are Verified/Validated. What type and how User Content is to be submitted to the Platform in connection with the Impact Laboratories Services, and how the Results are verified are set forth in the then-current versions of the My Green Lab Certification Standard and the ACT Verification Standard, as applicable.
Special Provisions Applicable to Users Outside the United States. We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States: (i) you consent to having your personal data transferred to and processed in the United States; and (ii) if you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals, you will not engage in commercial activities through the Platform.
Rights and ownership.
Confidentiality.
Your use of the Platform is subject to the confidentiality terms set forth in the Services Agreement and will apply to all Confidential Information exchanged or disclosed under these Terms (without regard to any earlier termination or expiration of the Services Agreement). For clarity, the Platform, Impact Laboratories Materials, and any proprietary or confidential methods, processes, standards, tools, or guides used by Impact Laboratories in connection with the Platform and the Impact Laboratories Services constitute Impact Laboratories’ Confidential Information (as defined in the Services Agreement). All User Content submitted by Client or its Authorized Representatives through the Platform constitutes Client’s Confidential Information. You agree to treat Impact Laboratories’ Confidential Information with the same level of care as you use to protect Client’s confidential information, but no less than reasonable care, and to use such information only as permitted under these Terms and the Services Agreement. You will not use Impact Laboratories’ Confidential Information for any other purpose. The confidentiality obligations set forth herein will survive the termination of these Terms and your access to the Platform.
Disclaimers of Warranties.
Term.
Subject to your compliance with these Terms and the Services Agreement, you may access the Platform until the expiration or termination of the order covering the applicable Impact Laboratories Services, at which time, your right to use the Platform will terminate immediately.
Survival.
Any of the Terms that are, by their nature, intended to survive termination will survive termination, including without limitation 0 (Restrictions), 0 (Restrictions), 0 (Ownership), 0 (Third Party Content), 0 (Rights and Ownership), 0 (Confidentiality), 0 (Disclaimers of Warranties), and this Section. Section titles are for convenience only and have no legal effect.
PLATFORM TERMS OF USE
Last Updated: February 12, 2025
These Platform Terms of Use (“Terms”) are a binding agreement between Impact Laboratory Services, Inc. (“Impact Laboratories”) and the client identified in the order (“Client”, “you”, or “your”) for Impact Laboratories’ services that include certain Impact Laboratories software tools (“Impact Laboratories Services”) executed under a separate written agreement between Client and Impact Laboratories (the “Service Agreement”) that references these Terms and governs Client’s, and its employees’ and agent’s, access to and use of the My Green Lab Certification Hub and/or the ACT Audit Portal and the proprietary tools, guides, standards, data, and other materials made available through such platforms (collectively, the “Platform”). These Terms are provided exclusively with the provision of services under the Service Agreement and apply to any access and use of the Platform by Client, including you on behalf of Client. These Terms supersede any other terms, agreements, or understandings, whether written or oral, that relate to your access to and use of the Platform. However, if the parties have entered a separate written and executed agreement that expressly governs access to and use of the Platform, the terms of that separate agreement will control to the extent of any conflict with these Terms. For clarity, to the extent applicable, references throughout these Terms to Impact Laboratories’ licensors, include My Green Lab (“MGL”).
PLEASE CAREFULLY READ THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS IN THEIR ENTIRETY, DO NOT ACCESS OR USE THE PLATFORM OR ANY COMPONENT THEREOF. IF YOU ARE AN INDIVIDUAL ACCESSING THE PLATFORM ON BEHALF OF CLIENT, THEN BY CLICKING “ACCEPT THE TERMS” AND USING THE PLATFORM ACCESSING, DOWNLOADING AND/OR USING THE TOOLS AND/OR ACCESSING ANY DATA OR INFORMATION MADE AVAILABLE THROUGH THE PLATFORM, YOU REPRESENT AND WARRANT (i) YOU ARE ACCESSING THE PLATFORM ON BEHALF OF YOUR ORGANIZATION AS ITS AUTHORIZED REPRESENTATIVE OR EMPLOYEE, (ii) YOU AND YOUR ORGANIZATION HAVE ENTERED INTO A VALID SERVICE AGREEMENT WITH IMPACT GOVERNING THE PROVISION OF THE IMPACT SERVICES; (iii) THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THESE TERMS, (iv) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, (v) YOU WILL COMPLY WITH THESE TERMS AND ANY APPLICABLE PROVISIONS OF THE SERVICE AGREEMENT, AND (vi) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS PERSONALLY OR ON BEHALF OF THE ORGANIZATION YOU HAVE NAMED AS THE USER UPON REGISTRATION (IF YOU WILL BE THE ACCOUNT ADMINISTRATOR (AS DEFINED BELOW)) OR ON BEHALF OF THE ENTITY THAT HAS NAMED YOU AS AN AUTHORIZED REPRESENTATIVE (AS DEFINED BELOW) UNDER SUCH ENTITY’S ACCOUNT, AND TO BIND THAT ENTITY TO THESE TERMS.
Impact Laboratories reserves the right, from time to time, in its sole discretion, to revise, modify, or update these Terms. When changes are made, Impact Laboratories will provide you with notice either by email or through the Platform. We will also update the “Last Updated” date at the top of the Terms. Impact Laboratories may require you to provide consent to the updated Terms in a specified manner before further use of the Platform. If you do not agree to any change(s) after receiving notice of such change(s), you agree to stop using the Platform. Otherwise, your continued use of the Platform constitutes your acceptance of such changes. PLEASE REGULARLY CHECK THE PLATFORM TO VIEW THE CURRENT TERMS.
Access and Use of the Platform.
Platform.
- The Platform is a proprietary web-based platform through which Impact Laboratories provides access and use of certain confidential and proprietary materials, as well as software tools that allows Client to upload certain data and information to assist Impact Laboratories in the completion of the Impact Laboratories Services and the delivery of any results. Any upgrades or customizations to tools or features for the Platform are subject to additional costs and requires a separate, mutually acceptable agreement between Client and Impact Laboratories.
- Registration. Accessing and using the Platform requires registration and creation of an account on the Platform (“Account”). In registering for an Account on behalf of an entity as an account administrator (“Account Administrator”), you must identify your organization. To establish an Account as an authorized representative of such entity (“Authorized Representative”), you must be designated as an Authorized Representative of the Account by the relevant Account Administrator and have the authority to bind the entity. In registering for an Account as an Authorized Representative, you must identify your organization and be granted access by the Account Administrator. In registering for an Account, you agree to (A) provide true, accurate, current and complete information as prompted by the Account registration page (“Registration Data”), and (B) maintain and promptly update the Registration Data to keep it accurate, current and complete. You are entirely responsible for maintaining the confidentiality of your password.
- Restrictions. You may not use the Account, username, or password of someone else at any time. You agree to notify Impact Laboratories immediately of any unauthorized use of your account, username, or password. You may be held liable for any losses incurred by Impact Laboratories due to someone else’s use of your Account or password. Impact Laboratories is not liable for any loss that you incur as a result of someone else accessing your Account or using your password, either with or without your knowledge.
- Access and Use Rights.
- Services. Subject to these Terms and any additional terms and policies referenced herein, Impact Laboratories hereby grants you a limited, non-exclusive, non-assignable, non-sublicensable, and non-transferable right, during the Term, to access and use the portion of the Platform for your internal business purposes. Any violation of these Terms will, at Impact Laboratories’ discretion, immediately and automatically terminate the foregoing license without notice to you.
- Impact Laboratories Materials. As part of the Platform and the Impact Laboratories Services, Impact Laboratories may make available or provide certain confidential and proprietary documentation, information, or other materials regarding the use of the Platform, the Impact Laboratories Services, and the applicable certification or label subject to the Impact Laboratories Services (“Impact Laboratories Materials”). Impact Laboratories and its licensors own and reserve all right, title, and interest in and to any and all Impact Laboratories Materials, as well as all know-how, ideas and other intellectual property rights embodied or reflected therein. Any adaptations, translations, enhancements, or derivative works created from or based on the Impact Laboratories Materials, whether by you, your organization, Client, or a third party, will be the sole and exclusive property of Impact Laboratories. To the extent any such derivative works, adaptations, or improvements are created, you hereby irrevocably assign, transfer, and convey to Impact Laboratories all right, title, and interest in and to such derivative works, adaptations, or improvements including all intellectual property rights therein. Upon request, you agree to execute and deliver any documents or take any actions reasonably necessary to perfect or protect Impact Laboratories’ rights in such derivative works, adaptations, or improvements. For clarity, all Impact Laboratories Materials are considered Impact Laboratories’ and its licensors’ confidential information, and your use of such Impact Laboratories Materials is subject to the confidentiality obligations set forth herein.
- Restrictions. You may not use the Platform in any manner or for any purpose other than as expressly permitted by these Terms or in a separate mutually acceptable, duly executed, and delivered written agreement between you and Impact Laboratories that expressly supersedes the purposes set forth in these Terms. You will not, and will not permit any third party, to: (A) reverse engineer, decompile, disassemble, decode, decrypt, re-engineer, reverse assemble, reverse compile or otherwise translate, create, or attempt to recreate or replicate the methodology or the source code of or trade secrets in the Platform or its structural framework (in whole or in part), or perform any process intended to determine the source code for or trade secrets in the Platform; (B) modify, correct, adapt, translate, enhance or create derivative works or improvements based upon any Platform, or otherwise change any Platform; (C) circumvent or attempt to circumvent any technological protection measures intended to restrict access to or use of any portion of the Platform or the functionality of the Platform; (D) use the Platform for any purpose that is illegal in any way or that advocates illegal activity; (E) alter, remove or obscure any copyright or trademark notice in the Platform; (F) except as expressly permitted by these Terms, make available any portion of the Platform through electronic mail or the Internet; (G) voluntarily or involuntarily in any form or manner assign, sublicense, transfer, pledge, copy, loan, publish, rent, sell, lease, lend, license, distribute or share or otherwise provide direct, remote, or other access to the Platform or any right under these Terms to or with any other person or entity, including providing outsourcing or online services to third parties; (H) use the Platform to develop a competing product or for any other purpose that is to Impact Laboratories’ commercial disadvantage; or (I) access or use the Platform in any manner, except as expressly provided in these Terms.
- Ownership. Except for the licenses granted herein, you acknowledge that you have no right, title or interest in or to the Platform (or any portion thereof), including without limitation all rights in the patents, copyrights, trademarks, trade secrets and other intellectual property and proprietary rights therein. Notwithstanding any terms to the contrary in these Terms, Impact Laboratories and its licensors own and reserve all right, title, and interest in and to all intellectual property rights embodied in or related to the Platform. The trademark, My Green Lab® and ACT®, are registered trademarks of MGL, to which Impact Laboratories has a license in connection with providing the Platform and the Impact Laboratories Services. You are prohibited from using these marks and other graphics, logos, trademarks and copyrights of MGL or Impact Laboratories without the prior written consent of MGL or Impact Laboratories, respectively, in accordance with the Impact Laboratories Use and Sharing Restrictions (defined below).
Your access and use of the Platform, including any results therefrom, is contingent on Client’s timely and full payment of the applicable fees set forth in the applicable order. Impact Laboratories reserves the right to suspend or limit your access to portions of the Platform (including any results) should you fail to remit timely payment.
User Content; Results.
Types of Content and Results.
- “User Content” means any data and information submitted by you through the Platform.
- “Results” means any data and information, regardless of form, produced by Impact Laboratories and its Platforms. Below are examples of Results that result from the Impact Laboratories Services:
- “My Green Lab Certification Score” means scores and Results, including verified scores, resulting from an audit in accordance with the My Green Lab Certification Standard.
- “Product Results” means scores and Results attributable to Client’s product resulting from an audit in accordance with the ACT Verification Standard.
- “Third-Party Content” means data or information from a third party that you include or otherwise incorporates in User Content. You are responsible for your posting of Third-Party Content. You agree that you will not post any third party’s sensitive financial information, intellectual property, information that the third party treats as confidential or proprietary information, or any other information that the third party may consider to be a trade secret. You hereby grant Impact Laboratories a limited, worldwide, non-exclusive, transferable, sublicensable, royalty-free license to access and use all Third-Party Content for purposes of providing the Platform and Impact Laboratories Services.
How User Content Submitted and How User Content and Results are Verified/Validated. What type and how User Content is to be submitted to the Platform in connection with the Impact Laboratories Services, and how the Results are verified are set forth in the then-current versions of the My Green Lab Certification Standard and the ACT Verification Standard, as applicable.
Special Provisions Applicable to Users Outside the United States. We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States: (i) you consent to having your personal data transferred to and processed in the United States; and (ii) if you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals, you will not engage in commercial activities through the Platform.
Rights and ownership.
- Ownership.
- User Content. Subject to the licenses granted herein Client owns and reserves all right, title, and interest in and to all intellectual property rights embodied in or related to User Content submitted to the Platform on its behalf. You alone are responsible for your User Content. You assume all risks associated with your User Content, including, without limitation, any person or entity’s reliance on its reliability or accuracy as well as any of your User Content that makes you personally identifiable.
- Results. Subject to the licenses granted herein, Impact Laboratories and its licensors own and reserve all right, title, and interest in and to all intellectual property rights embodied in or related to the Results and any other results generated by the Platform. To the extent you have any ownership interest in any Results you hereby irrevocably and unconditionally assign and transfer to Impact Laboratories and its licensors all right, title, and interest in and to such Results. You further agree to execute and deliver any additional documents and take any actions reasonably requested by Impact Laboratories to effectuate, evidence, or confirm such transfer. Without limiting the generality of the foregoing, in the case of Results generated based on your User Content, Impact Laboratories will only use your Results (1) to provide you the Platform, (2) to deliver and share Results to third parties at your direction or as otherwise required by the My Green Lab Certification Standard and the ACT Verification Standard, as applicable, (3) to improve the Platform and Impact Laboratories Services and use for other internal business or research purposes, (4) in compliance with the My Green Lab Certification Standards and the ACT Verification Standards, (5) to research and publish industry data and trends, and generate industry insights, in each case, in an anonymized manner that does not identify Client without your prior written consent, (6) confirm MGL compliance, and (7) as otherwise mutually agreed upon between the parties.
- Feedback. We encourage you to provide and share with us your questions, comments, suggestions, ideas, and feedback regarding the Platform and the Impact Laboratories Services (collectively, “Feedback”). You agree that Impact Laboratories has no obligations (including without limitation obligations of confidentiality, royalty, or accounting) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback, and you hereby irrevocably and unconditionally assign and transfer to Impact Laboratories all right, title, and interest in and to such Feedback automatically upon your submission of the Feedback to Impact Laboratories or any of its licensors.
- Licenses.
- To Impact Laboratories in User Content. You and Client hereby grant Impact Laboratories a non-exclusive, irrevocable, worldwide, perpetual, royalty-free, sublicensable (through multiple tiers), and transferable license to download, aggregate, analyze, use, reproduce, distribute, display, and prepare derivative works of the User Content in order to (1) provide you the Results, Platform, and the Impact Laboratories Services, (2) deliver the User Content to third parties, solely at your direction, (3) improve the Platform and the Impact Laboratories Services, (4) to research and publish industry data and trends, and generate industry insights, in each case, in an anonymized manner, (5) confirm MGL compliance, and (6) as otherwise mutually agreed upon between the parties. Impact Laboratories reserves the right, but has no obligation, to monitor or review User Content at any time. Without limiting the foregoing, Impact Laboratories may delete or disregard any portion of User Content that Impact Laboratories determines, in its reasonable discretion, is inaccurate, inappropriate, violates applicable law or is otherwise inconsistent with Impact Laboratories’ policies or purposes. Unless otherwise specified, you waive all rights to claim that Impact Laboratories infringed on your proprietary rights, intellectual property rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with your User Content. You represent and warrant that you have all necessary rights and licenses to grant us the foregoing license.
- To Client in Results. Subject to your compliance with these Terms and the Services Agreement, Impact Laboratories hereby grants you a non-exclusive, revocable, worldwide, perpetual, royalty-free, sublicensable (through multiple tiers), and transferable license to (1) analyze, use, and reproduce your applicable Results solely for your internal business purposes, and (2) share such Results, provided that such sharing, whether to the public or with a third party, complies with the Impact Laboratories Use and Sharing Restrictions (as defined below) and any applicable terms under the Services Agreement. Client will ensure that any use or sharing of Results complies with all applicable laws and regulations.
- Use and Sharing Restrictions. The use and sharing restrictions, including those set forth in the My Green Lab Certification and ACT Programs’ Brand Use Guidelines, applicable to User Content and Results will be made available by Impact Laboratories through the Platform and otherwise (“Impact Laboratories Use and Share Restrictions”). You will not share Results externally, whether to the public or with a third party, except as expressly permitted under the Impact Laboratories Use and Share Restrictions. Examples of prohibited uses include but are not limited to misrepresenting Results, using Results to discredit Impact Laboratories or its licensors, or sharing Results in a manner that violates the My Green Lab Certification Standards or the ACT Verification Standards.
Confidentiality.
Your use of the Platform is subject to the confidentiality terms set forth in the Services Agreement and will apply to all Confidential Information exchanged or disclosed under these Terms (without regard to any earlier termination or expiration of the Services Agreement). For clarity, the Platform, Impact Laboratories Materials, and any proprietary or confidential methods, processes, standards, tools, or guides used by Impact Laboratories in connection with the Platform and the Impact Laboratories Services constitute Impact Laboratories’ Confidential Information (as defined in the Services Agreement). All User Content submitted by Client or its Authorized Representatives through the Platform constitutes Client’s Confidential Information. You agree to treat Impact Laboratories’ Confidential Information with the same level of care as you use to protect Client’s confidential information, but no less than reasonable care, and to use such information only as permitted under these Terms and the Services Agreement. You will not use Impact Laboratories’ Confidential Information for any other purpose. The confidentiality obligations set forth herein will survive the termination of these Terms and your access to the Platform.
Disclaimers of Warranties.
- Limited Warranty; Disclaimer. Impact Laboratories warrants that the Platform will function for its intended purpose and that the Results will be complete and accurate. Client’s sole and exclusive remedy for any non-conformance of the Platform in issues with Results causing such Platform or Results to not conform with warranty in the previous sentence will be for Impact Laboratories to fix the Platform and regenerate the Results at Impact Laboratories’ expense, except that if Impact Laboratories reasonably believes reperformance is impracticable or impossible, the parties will engage in good faith discussions about a mutually acceptable resolution. However, the accuracy, timeliness, truthfulness and legitimacy of any Result is based on the information provided, and acts and/or omissions of the company to whom the score pertains, and is therefore outside of the control of Impact Laboratories and its affiliates, vendors, and licensors. Accordingly, the warranty in this section will not apply to, and Impact Laboratories and its affiliates, vendors and licensors make no representations, warranties or guarantees with respect to, any Results to the extent the non-conformance pertains to the quality, accuracy, reliability, availability, comprehensiveness, adequacy, completeness of the User Content. You acknowledge and agree that the disclaimers and limits set forth in these Terms reflect the reasonable and fair allocation of risk between you and Impact Laboratories and are an essential basis of this contract between you and Impact Laboratories. Your use of the Platform and the information you obtain through the Platform is at your own risk. THE QUALITY, ACCURACY, RELIABILITY, AVAILABILITY, COMPREHENSIVENESS, ADEQUACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE PLATFORM, IMPACT LABORATORIES MATERIALS, IMPACT LABORATORIES SERVICES, RESULTS, OR ANY CONTENT OR INFORMATION THEREIN (COLLECTIVELY, “MATERIALS”), OR THAT THE MATERIALS OR PLATFORM ARE ALL SUBJECT TO THE QUALITY, ACCURACY, RELIABILITY, AVAILABILITY, COMPREHENSIVENESS, ADEQUACY, COMPLETENESS OF THE USER CONTENT. NEITHER IMPACT LABORATORIES, NOR ANY OF ITS AFFILIATES, VENDORS AND LICENSORS, MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, THAT THE MATERIALS, PLATFORM SERVICES, OR THE SERVERS WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. IMPACT LABORATORIES AND ITS AFFILIATES, VENDORS AND LICENSORS WILL HAVE NO LIABILITY FOR ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE PLATFORM OR MATERIALS, WHETHER PROVIDED BY IMPACT LABORATORIES OR ITS MEMBERS, AFFILIATES, VENDORS OR LICENSORS OR ANY OTHER PERSON OR ENTITY. THE PLATFORM AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, IMPACT LABORATORIES, FOR ITSELF AND ITS MEMBERS, AFFILIATES, VENDORS AND LICENSORS, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. In the event you publicly post, display or otherwise disclose any Result, you agree that you will indemnify, defend and hold harmless Impact Laboratories and its affiliates, vendors and licensors from and against any damages, judgments, liabilities, losses, penalties, settlements, costs and expenses (including reasonable attorneys’ fees) arising from, or related to, your Results
Term.
Subject to your compliance with these Terms and the Services Agreement, you may access the Platform until the expiration or termination of the order covering the applicable Impact Laboratories Services, at which time, your right to use the Platform will terminate immediately.
Survival.
Any of the Terms that are, by their nature, intended to survive termination will survive termination, including without limitation 0 (Restrictions), 0 (Restrictions), 0 (Ownership), 0 (Third Party Content), 0 (Rights and Ownership), 0 (Confidentiality), 0 (Disclaimers of Warranties), and this Section. Section titles are for convenience only and have no legal effect.