Terms and Conditions

Dated: Dated: 6th November 2020
Terms of Use

Thank you for using our software, websites, applications, and services (collectively, the "Services"). These Terms of Use ("Terms") are between you and Jacobs, owner of One Million Lives, and govern your use of our Services. By becoming a registered member and using our Services, you accept and agree to be bound by, and abide by, these Terms. It is important that you carefully read through these Terms. If you do not agree to these Terms, do not register with One Million Lives or create a user account with any of our Services. Jacobs is sometimes referred to in these Terms as “we”, “us”, or “our”. Additional terms used in these Terms include the content of our Services (“Content”) and the results obtained or provided to you through our Services (“Results”). 

1. Privacy Policy

For information about our data practices and privacy policies, please see our Privacy Policy. As set forth in more detail in the Privacy Policy, the Services are available without the need to provide personal data. Instead, the Services are intended and designed to collect information that you voluntarily provide that is de-identified and does not relate to an identified or identifiable natural person (“Anonymous Information”). Our Privacy Policy is hereby incorporated into these Terms. 

2. Geographic Scope

As explained in our Privacy Policy, Anonymous Information may be processed wherever you are located, and may also be processed in other countries including Australia, UK and the United States. By using our Services, you consent to us processing and storing in all these locations all information that you voluntarily provide. 

3. Using Our Services

  1. Persons under the age of 18 are not allowed to use our Services or create accounts.
  2. You cannot access or use our Services if you are barred from receiving services under applicable law or have previously been suspended or prohibited for using any of our Services.
  3. You may only connect to our Services using (a) devices that are compatible with our Services, (b) our applications, or (c) our websites (“Authorized Connections”). You may not connect to the Services with or through any unauthorized application or third-party connection or software. Any violation or attempted violation of this provision may result in the immediate termination of your account and ability to access and use the Services. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact us at oml@jacobs.com

4. Your Account

Your use of our Services requires that you create an account using Anonymous Information comprised of a unique username and password. You are solely responsible for the creation of your unique username and password. You should never use your personal name or any other identifiable information in the creation of your username, password, and account. You are responsible for all activity that occurs in association with your account. Jacobs is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact customer support at oml@jacobs.com regarding questions related to the security of the Services or your account.

5. Your Health

Please seek immediate help from trained medical physicians if you suspect you are suffering from any mental health or other medical conditions.

You are responsible for your own physical and mental health. Jacobs is not a medical organization, hospital, or treatment facility, or intended to replace trained medical care or psychologists, therapists, or psychiatrist or treatment. Jacobs will not provide you with any medical advice or diagnosis. The purpose of the Services is solely to provide our users with additional information that may or may not relate to their mental health. The Services should not be used to diagnose a user with a mental health or other medical condition, including major depressive disorder, as it is not intended to diagnose, treat, cure, or prevent any such disease or condition. The Services are not approved by any regulatory agency, such as the U.S. Food and Drug Administration, or the Australian Therapeutic Goods Administration, to diagnose, treat, cure, or prevent any mental health or medical condition. You must never disregard medical advice, nor delay in seeking it, because of information you have read through the Services. It is always your responsibility to seek proper medical advice as to the suitability (or otherwise) of any product having regard to your individual circumstances. Information made available to you through the Services and by our partners and affiliates is solely for informational purposes only.

Always consult with your doctor if you have any concerns about your health.

Jacobs does not guarantee that any information, including the Results, provided by our Services is accurate, reliable, or complete. Jacobs is not responsible for any personal injury, death, or any other damages that may have been the result, direct or indirect, from any use or misuse of, or reliance on, the Services, the Content or the Results.

6. Hyperlinks and Third-Party Websites

Our applications, Services, and site may contain hyperlinks to third-party websites that we do not maintain or control. Any such links are provided solely as a convenience to you and not as an endorsement by Jacobs of the owner of or contents on such third-party websites. Jacobs is not responsible for the content of linked third-party websites and does not make any representations or warranties regarding the content, legality, completeness or accuracy of materials on such third-party websites or the privacy practices of such third parties or on their websites or products. The inclusion of a linked third-party website does not imply our endorsement, recommendation or support of the applicable website or any information, opinions, third-party goods or third-party services referred to on it. These Terms do not apply to third-party websites and you should review the terms and conditions of the applicable third-party websites before using them. If you decide to access third-party websites that we link to, you do so at your own risk.

Jacobs grants you a limited, non-exclusive, and non-transferable right to create a hyperlink to the Services for non-commercial purposes. However, your use of such a link must not portray Jacobs or any of our products or services in a false, misleading, derogatory, or defamatory manner. Furthermore, any website that is linked to our Services must not contain any adult or illegal material or any material that is offensive, harassing, or objectionable. This limited right may be revoked at any time by Jacobs in our sole discretion.

7. Intellectual Property and Ownership of Content

Copyright and all other intellectual property rights in all materials contained within our Services, including any applications, websites, Content, Results, and underlying technology, including computer code and algorithms (“Jacobs Property”) are owned by us or our third-party licensors unless otherwise indicated and are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Jacobs Property. Our logos and any other Jacobs trademarks that may appear with the Services, and the overall look and feel of the Services, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, products, and service names and company names or logos mentioned on the Services, are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.

8. User Content

You are responsible for all information and materials ("User Content") uploaded, posted or stored through your use of the Services. By providing User Content to us, you grant us a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, non-revocable, worldwide license to use, reproduce, modify, communicate to the public and adapt that User Content, whether through the Services or any other means.

If you submit any comments, ideas, suggestions, inventions, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you and such will be considered Jacobs Property. We do not waive any rights to use similar or related ideas, inventions, or feedback previously known to us, developed by Jacobs, or obtained from sources other than you.

We may retain User Content to fulfill the purposes outlined in these Terms for as long as needed, as allowed or as required by law.

9. Cookies

“Cookies” are small pieces of information sent by a web server to a web browser that enable the server to collect information from the browser. Our Services do not use cookies.

10. Termination

Jacobs reserves the right to suspend or deactivate your account or your access to all or portions of our Services, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove any of your User Content and will do so as may be required by applicable law. You may close your account at any time by contacting us at oml@jacobs.com. Upon any termination of these Terms or suspension, termination, or discontinuation of the Services or your account, the provisions of these Terms that relate to rights you granted us in your User Content, intellectual property, ideas, suggestions, or inventions, indemnification, limitations on our liability, disclaimers, Jacobs Property, applicable law and forum, and dispute resolution, will survive and continue to be effective.

11. Indemnity

You will indemnify and hold harmless Jacobs and its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Services, (ii) your User Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms or the Privacy Policy, (iv) your violation of any law or the rights of a third-party, or (v) your reliance on or use of the Results. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. (iv) your violation of any law or the rights of a third-party, or (v) your reliance on or use of the Results. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

12. Limitation of Jacobs Liability

Jacobs makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of our Services, the Content, or any Results. Any use of Jacobs Services or Content or reliance on Results is at your own risk. Changes are periodically made to the Services or Content and may be made at any time. Jacobs will not be held liable or responsible for any Results or any Content on or from our Services provided by third parties.

Jacobs does not warrant that services will operate error-free or that the services or our servers will be free of unauthorized third-party computer viruses, malware, or other harmful code. If your use of our services or content results in the need for servicing or replacing equipment or loss of profits or data, Jacobs will not be responsible for those costs.

Our services and content, and the results, are provided on an “as is” basis without any warranties of any kind. Jacobs, to the fullest extent permitted by law, disclaims all warranties, including, but not limited to, the warranty of merchantability, non-infringement of proprietary or third-party rights, and the warranty of fitness for particular purpose. Jacobs is not liable to you for your use of any mobile device used by you in connection with our services.

13. Disclaimer of Certain Damages

To the maximum extent permitted by applicable law, your use of our Services and Content, and use of and reliance on the Results, is at your own risk. If you are dissatisfied with any of the Services, any of the Content, or Results, or with these Terms, your sole remedy is to discontinue use of our Services.

In no event will Jacobs or any third parties mentioned in or by our services be liable for any damages whatsoever (including, but not limited to, direct, indirect, incidental, exemplary, and consequential damages, lost profits, or damages resulting from lost data, loss of reputation, injury, death, or business interruption) resulting from the use or inability to use the services, content, or results, whether based on warranty, contract, tort, or any other legal theory, and whether or not Jacobs is advised of the possibility of such injuries or damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you, in which case such exclusion or limitation applies to the fullest extent allowable under the applicable law.

14. Security

Although we will take reasonable steps to protect the security of User Content, no information sent over the Internet can be 100% secure, and we can never guarantee the security of any information you send to us or receive from us via the Internet. Please be careful and responsible whenever you are using the Internet and our Services (including by installing appropriate antivirus software on your own systems and not using untrusted, public wireless access points).

15. Modification, suspension and discontinuation

We may modify, suspend or discontinue the Services, or any aspect of the Services, from time to time, in our absolute discretion.

16. Changes to Terms

We may change these Terms from time to time. These Terms are not intended to and do not create any contractual or other legal rights in or on behalf of any party. If we change these Terms, we will post any changes on this page and, if the changes are material, we will provide a more prominent notice in the Services. Jacobs reserves the right to modify these Terms at any time, so please review these frequently. If you do not agree with these Terms, as amended, in whole or part, you must cease accessing our Services (including our Website) and request deletion of your account.

17. Dispute Resolution

To the extent permitted by applicable law, you may only resolve disputes with Jacobs on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action, and you agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms.

18. No Waiver of Rights

Jacobs’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Any waiver of rights is only effective if in writing and signed by a duly authorized representative of Jacobs. Except as expressly set forth in these Terms, Jacobs’ exercise of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or applicable law.

19. Applicable Law and Venue

Except to the extent provided below in this paragraph, all legal issues arising from or related to the use of the Services or these Terms will be construed in accordance with and determined by the laws of the State of Texas without respect to its conflict of laws principles. By using a Service, you agree that the exclusive forum for any claims or causes of action arising out of your use of the Service is the United States District Court for the District of Texas or any Texas State court sitting in Dallas County. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.

If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Services from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Terms will be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the jurisdiction of the courts located in the state, province or country identified below whose law governs:

For any European Union country or the United Kingdom, the applicable laws shall be the Laws of England and Wales, and the applicable forum shall be the Courts of England and Wales; and

For Australia, the applicable laws shall be the Laws of Victoria, Australia, and the applicable forum shall be the Courts of the State of Victoria, Australia.

20. Contact details

For further information, inquiries or assistance you may contact us at oml@jacobs.com or at the following address:

Jacobs Engineering Group Inc.
1999 Bryan Street, Suite 1200
Dallas, Texas 75201
United States