Semblie™ Terms of Use

Introduction

Thank you for visiting RTI’s Semblie™ website. We hope that you will find this website ("Site") helpful and informative. Semblie™ provides a platform to develop digital decision aids.

Please read the following Terms of Use and the Privacy Policy before accessing and using this Site.  This is a legal agreement between you (“You”) and Research Triangle Institute, d/b/a RTI International (“RTI”),

Acceptance of Terms of Use.

The following are the terms and conditions ("Terms") that apply to and govern your use of this Site. These Terms also incorporate the RTI Privacy Policy. If you do not agree with any terms or conditions herein, or have any questions, before proceeding contact us directly at semblie@rti.org and we will be pleased to assist you. BY CHOOSING TO ACCESS AND USE THIS SITE, YOU ARE EXPRESSLY AGREEING TO BE LEGALLY BOUND BY THESE TERMS.

Exclusive Terms.

Please note that these Terms exclusively govern your access and use of this Site and do not alter or affect the terms and conditions of any other agreement that you may have or enter into with RTI for any given product or service. If some areas of this Site require restricted access, you may be required to agree to special terms and conditions for such areas.

Changes to Site.

You acknowledge and agree that RTI reserves the right to make changes in the access, operation, and content of this Site at any time without notice, including the right to discontinue this Site, whether temporarily or permanently. RTI will use reasonable efforts to preserve and provide project-related content (e.g., decision aids, user data) that You post on the Site (“Your Content”) to You in the event that the Site is discontinued. We also reserve the right to make changes in the Terms and the Privacy Policy and will use reasonable efforts to notify You of such changes. Your continued use of this Site constitutes Your consent to such modified Terms. 

Your Responsibilities, Registration Obligations, and Authorized Access.

This Site is exclusively reserved for the use of persons who have completed the registration process and who have been granted authorization for access through issuance of a unique password. No other persons other than authorized users may access this Site. Passwords and registration are non-transferable.

In order to use this Site, You must provide truthful information when registering and/or when requested, and be at least the age of thirteen (13) or older. You also explicitly agree that You will only sign up for a single user account (“Your Account”).

You are solely responsible and liable to maintain the security and confidentiality of this password and, accordingly, are liable for all activities on this Site that may arise from use of this password, even if such unauthorized users have not been specifically authorized by You or have fraudulently or in error obtained this password. We cannot verify that any user accessing this Site with a password is the individual authorized to do so, and therefore, through accessing this Site and providing a password, we are solely relying on Your representation of authenticity. Should You become aware that Your Account, name, registration, or password is being used or attempted to be used on this Site or otherwise by an unauthorized person, or in the event of any other possible misuse or fraud, it is Your responsibility to inform us immediately so we may take appropriate action.

RTI may occasionally send notices to the email address registered with Your Account. You must keep Your email address and, where applicable, Your contact details associated with Your Account current and accurate.

You acknowledge and agree that You are responsible for maintaining, protecting, and making backups of Your Content. RTI will have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information. To the extent permitted by law, RTI will not be liable for any failure to store, or for loss or corruption of, Your Content.

Termination By You.
You may request that RTI terminate Your Account and/or remove Your Content at any time. To delete Your Account (including all Your Content, data, password, and contact details), contact us directly at semblie@rti.org.

Termination By RTI.
RTI may terminate Your Account for any reason by providing at least thirty (30) calendar days’ written notice to You which includes electronic delivery to Your last known email address. There may be time-sensitive situations where RTI may decide that we need to take immediate action without notice to You. RTI has no obligation to retain Your Content upon termination of Your Account. However, if we limit, suspend, or terminate Your access to the Site, we will use reasonable efforts to give You advance notice and an opportunity to make a backup copy of Your Content, but You acknowledge and agree that You are responsible at all times for backing up Your Content.

We reserve the right in our sole judgment and discretion to terminate any user's account, access to, and use of the Site at any time, and without notice, for any reason, including but not limited to any possible or alleged misuse, fraud, or misconduct by any person accessing or using the Site under Your user name and password. We may deactivate, delete, and/or terminate Your Account (or any portion thereof) at any time, without notice, if, in RTI’s reasonable discretion You violate these Terms. Granting of special partner statuses to Your Account (commercial and/or non-commercial) is at our sole discretion. You explicitly agree that we may revoke, deactivate, delete, and/or terminate Your special partner status (commercial and/or non-commercial) at any time, without notice, at our sole discretion.

RTI may terminate Your Account and delete any Content contained in it if there is no account activity (such as a log in event) for over 12 months. However, we will use reasonable attempts to warn You by email before terminating Your Account to provide You with an opportunity to log in to Your Account so that it remains active.

Third-Party Services.

Goods and services of third parties may be made available on or through this Site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. RTI shall not be liable for or responsible in any manner for any of Your dealings or interaction with third parties.

Outside Links.

For Your information or convenience, this Site may contain direct links or hyperlinks to websites that are maintained by third parties. When clicking on such a link, You are leaving our Site. Therefore, RTI has no control over, does not endorse, and is not liable for the quality, operation, reliability, compliance with laws, ethics, business practices, or content of such third-party websites or for any product or service advertised or provided therein. Any transactions with such third parties, including provision of Your personal information, are strictly at Your own risk. We expressly disclaim all liability arising from Your access of and for the content contained within or through any such third-party website.

Copyright Notice.

Unless and to the extent otherwise expressly designated, You acknowledge that RTI and its designated partners are the sole owner of all intellectual property rights to this Site and its contents, including but not limited to copyright protection for all content, including the design, layout, graphics, photos, format, and other visual elements of the Site. All ownership rights pertaining to the information and material contained on this Site, including but not limited to the RTI name, logos, trademarks, graphics, photos, images, audio, video, messages, files and content, are owned or have been duly licensed by RTI, with all rights not conveyed herein being expressly reserved by RTI and its designated partners. You are not granted any license to use the content except to the extent expressly set forth herein. Any use other than that set forth herein, including the reproduction, modification, copying, display or use of any copyright-protected RTI or other logo, graphic, photo or image, without the prior written permission of RTI, is strictly prohibited and will be enforced to the full extent of the law.

You Retain Ownership of Your Content.

As between You and RTI, You retain ownership of all project-related content (e.g., decision aids, user data) that You post on the Site, including without limitation all intellectual property rights therein. RTI does not claim ownership over any of Your Content, and RTI will treat it as Confidential Information. You may share Your Content, either outside the Site or by making a third party a Team Member, but RTI will not be involved in any sharing of Your Content without Your consent. These Terms do not grant us any licenses or rights to Your Content except for the limited rights needed for us to maintain the Site, or as otherwise described in these Terms, or as otherwise granted by You in writing (which may include electronic communication from You).  You represent and warrant that You have all legal rights to post Your Content.

Subject to Your ownership of Your Content, to the extent that You provide any suggestions, feedback or other information about performance or improvement of the Site or any related services or materials (“User Feedback”), You hereby grant RTI a non-exclusive, royalty-free perpetual worldwide license to use any such User Feedback, without any compensation or attribution to You whatsoever, in any medium at any time and for any purpose whatsoever.

No Warranties Provided.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR DATA AND/OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. ALL MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OR ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

You acknowledge and agree that neither RTI nor any participant in the service provides professional advice of any kind and that use of such advice or any other information is solely at Your own risk and without liability of any kind of the part of RTI or any other participant in the service.

The materials posted on this Site could include technical or other mistakes or inaccuracies. RTI disclaims all warranties and makes no representations regarding the quality, accuracy, completeness or suitability of the materials on this or any other Site and disclaims any duty to keep this information current or accurate. RTI shall have the right, but not the responsibility, to remove content that may be in violation of this agreement or any rules posted here. RTI may change any information on this Site or any product or service described on this Site, including functionality or performance thereof, any time without notice.

For the convenience of our users, some areas on this Site may allow for interactive communication, some of which may be conducted in "real time". RTI has no obligation to monitor, screen, filter or edit any information, communication, or content that is directly posted by or shared by users on the Site; however, we may, at our discretion, from time to time monitor use of the Site, and we reserve the right to delete or edit any objectionable content posted or submitted by authorized users, terminate the user's access to the Site, deny future access, or take any other action we deem appropriate under the circumstances. Please report any such violations to us at semblie@rti.org. We also reserve the right to identify and investigate inquiries to the extent required to comply with applicable laws and regulations, including but not limited to U.S. export control laws and executive orders. RTI will have no liability for any content posted by users on any Site (including Secured Sites).

You agree that all information or data of any kind, whether text, music or sound, photographs or graphics, video or other materials ("data and/or content"), publicly or privately provided, shall be the sole responsibility of the person providing the data and/or content or the person whose user account is used. RTI will not be responsible to You in any way for the data and/or content that appears on this Site nor for any error or omission.

User Conduct.

You explicitly agree, in using this Site or any service provided, that You will not:

1. post any content which is or may be, in whole or in part: false, unlawful, criminal, fraudulent, misleading, infringing, libelous, slanderous, defamatory, profane, racist, sexist, threatening, inflammatory, obscene, invasive of personal or privacy rights, advertising, promoting or soliciting for commercial purposes, containing any known viruses or bugs, or which is otherwise harmful, offensive, inappropriate, or unprofessional;
2. impersonate or misrepresent Your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any data and/or content provided by You;
3. collect or harvest any data about other users;
4. provide or use this Site and any data and/or content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
5. provide any data and/or content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
6. collect, protect, handle, or provide any personally identifiable information or “protected health information” (as defined by HIPAA and any other applicable laws and regulations).

Compliance with All Laws.

You agree that Your use of this Site will be in compliance with all relevant and applicable laws and regulations, which shall include but not be limited to U.S. export control laws and executive orders. The information provided on and through this Site or any Secured Site may be deemed in some cases to be controlled technology and subject to the export control restrictions of the United States. IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE UNITED STATES PERTAINING TO ANY POTENTIAL ACCESS, TRANSFER AND USE OF ANY INFORMATION HEREIN WHICH MAY BE DEEMED TO BE "CONTROLLED" AS DEFINED BY LAW. This Site may not be accessed or used by any national of certain countries or groups against which the United States has instituted sanctions (including Iran, Libya, Iraq, Cuba, the Sudan, and members of some Angolan and Serbian groups), Specially Designated Nationals, and other proscribed persons who are listed on the Denied Parties list. Due to technical uncertainties preventing verification of the identity and ultimate point of access by any person attempting to access or use the Site, including any Secured Site, Your access of the Site, including the presentment of any authorized user ID and password, constitutes Your express representation that (1) the person attempting access thereunder is not a national of any such sanctioned country or group or a Specially Designated National; (2) said person is not included on such Denied Parties list; and (3) if said person is an Authorized User, You have not disclosed or provided such password and user ID to any such person for use under Your registration. Users shall be fully liable and subject to prosecution to the full extent of the law for any violations of this paragraph, and SUCH USER HEREBY AGREES TO DEFEND, INDEMNIFY AND HOLD RTI HARMLESS FROM AND AGAINST ANY AND ALL SUCH DAMAGES AND LIABILITY.

Site Security.

So that this Site remains to the extent possible open and available to all users, we have mechanisms in place to identify unauthorized attempts to gain access to Secured Sites, upload or change information or any image, inject any harmful elements, or otherwise cause damage. Regardless, even though we strive to keep these mechanisms up to date, due to the technical uncertainties, we are unable to make any representation or warranty that the content, information, or links in this Site are secure and free of data-processing errors, technical glitches, operational problems, interruptions, errors, bugs, worms, viruses, unauthorized third-party access, or any other harmful elements. YOU REMAIN SOLELY RESPONSIBLE FOR THE SECURITY AND PROTECTION OF YOUR SYSTEMS WHEN USING THIS SITE. Unauthorized attempts to upload, insert, or change any information or image on this Site or cause harm are strictly prohibited and may be punishable to the full extent of the law, including the Computer Fraud and Abuse Act and the National Information Infrastructure Protection Act.

Semblie™ is a platform used to develop digital health tools. All of Semblie’s data is housed on RTI servers, with each project using a separate "Project Database" for storing participant related data. Semblie™ uses integrated security so the web server will authenticate with the database server via user account credentials. This means we don’t need to store or transmit usernames or passwords.  Further, Semblie™ uses encryption so all communication between the server and client is secure.

Submission of data and/or content to this Site.

By providing or collecting any data and/or content to or via this Site:
(a) You acknowledge that You have read, understand, and agree to our Privacy Policy;
(b) You acknowledge that You allow us to use Your data and/or content for maintaining and improving our Site and services;
(c) You acknowledge that Your data and/or Content may be deleted from our servers at any time, if in our reasonable discretion Your Content or activities are in violation of any law or regulation or could reasonably expose RTI to legal liability.
You acknowledge and agree that (i) this provision does not relieve You of any other obligation under these Terms including without limitation indemnification and (ii) RTI has no obligation to monitor or cure any activities or data on the Site, even if RTI is advised of actual or potential violations.

Access Outside United States.

If You are accessing this Site from outside the United States, You are doing so at your own risk, and You remain fully responsible and liable for familiarity and compliance with these Terms as well as with the laws, regulations, directives, codes, and rules of the United States, including its export compliance laws and regulations, as well as those of the jurisdiction from which You are accessing the Site, and any other applicable jurisdiction which may be involved in the access, transmission, routing, receipt, disclosure, storage or use of information on this Site, or any commercial transactions conducted on or through this Site.

Privacy.

The use of Your personal information given to us during Your visit to our Site is governed by the RTI Privacy Policy, which is posted on this Site and incorporated into these Terms.

Limitation of Liability and Indemnification

IN NO EVENT WILL RTI AND ITS AFFILIATES, PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, VENDORS, SUPPLIERS, LICENSORS, ASSIGNEES, SUCCESSORS, INSURERS AND AGENTS, BE LIABLE FOR ANY DAMAGE WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST REVENUES OR PROFITS, LOST DATA, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION) RESULTING FROM OR IN ANY WAY RELATED TO THE USE OF ANY MATERIALS POSTED ON OR MADE AVAILABLE AT THIS SITE OR ANY OTHER SITE TO WHICH A LINK IS PROVIDED OR ON WHICH A LINK IS PROVIDED TO THIS SITE, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES ARE BASED.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS RTI AND ITS AFFILIATES AND PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, VENDORS, ASSIGNEES AND AGENTS FOR ANY COSTS, CLAIMS, DAMAGES, LOSSES, OR OTHER LIABILITYES ARISING FROM YOUR USE OF THE SITE IN BREACH OF THESE TERMS OR IN VIOLATION OF LAW.

Should the above provisions be held to be unenforceable for any reason, in whole or in part, RTI’s aggregate liability to You for any reason connected to Your use of this Site will in no event exceed the sum of $100.00.  All other terms and conditions herein will remain in effect to the extent that any provision should be found unenforceable.

Reservation of Rights.

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in the Site, its data and/or content (excluding Your Content), and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing You with any implied or express licenses or rights by making services available to You and You will have no rights to make any commercial uses of the Site or related service without our prior written consent.

Applicable Law and Dispute Resolution.

You agree that these Terms will be interpreted under the laws of the State of North Carolina, regardless of any conflicts of laws rules, and regardless of the laws of any other jurisdiction which may be asserted. Any dispute or claim which You may have ("Claim") arising from Your access or use of the Site shall be first submitted in writing to RTI within one month (30 days) from the occurrence of the event upon which such Claim is alleged to be based, or such Claim shall be deemed waived. Any Claim which has been properly submitted to RTI which has not been resolved within a reasonable period of time not to exceed six (6) months may be submitted to binding arbitration as an exclusive alternative to litigation. YOU EXPRESSLY WAIVE ANY RIGHT TO BRING ANY LITIGATION IN ANY JURISDICTION AGAINST RTI BASED ON YOUR ACCESS OR USE OF THIS SITE OR UNDER THESE TERMS. Any arbitration will be administered by the American Arbitration Association in Durham, North Carolina, in accordance with its applicable commercial rules and procedures. Any arbitral award will specifically exclude any special, indirect, incidental, exemplary, punitive, or consequential damages.

Contact Information
Thank you for visiting Semblie™. If you have any questions, comments, or suggestions concerning this Site, we would like to hear from you.

Please contact:

Semblie Research Team
RTI International
semblie@rti.org

Last Updated: 02/14/2023