Terms of Service

Recitals

WHEREAS, the Parties understand that The App is solely owned by SCRC; WHEREAS, You desire to use The App in connection with research; WHEREAS, SCRC desires compensation in return for providing The App to You for research services via The App; and WHEREAS, the Parties understand and agree that The App is and shall continue to be sole and proprietary intellectual property of SCRC. NOW, BASED ON THE FOREGOING, the Parties agree to the following terms and conditions:

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1. Definitions.

“Dedoose”; “Software”; and/or “The App” as used herein generally refers to SCRC’s software and/or to SCRC’s software as a service (SaaS). “Dedoose” herein will refer to The App.You”; “Your”; and “User” herein refers to the individual accessing or using SCRC’s software known as Dedoose (“Software” or “The App” as described above), and the company, organization, or entity on whose behalf You purport to use the Software, and each of them. You and SCRC are collectively referred to as “Party” or “Parties” collectively. “We” “Us” and “Our” refers to SCRC.

"PII" and/or "Personal Identifiable Information" refers to information such as Your email address, phone number, and name that is collected for the purposes of creating and maintaining a Dedoose account.

"Project Data" and/or "Your data" refers to data You upload to Dedoose for the purposes of Your project.

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2. Agreement and Counterparts.

You fully acknowledge that You have read, understand and agree to the following counterparts which are incorporated herein by reference: (i) ONLINE PRIVACY POLICY; and (ii) TERMS OF USE, END USER LICENSE AGREEMENT, DISCLAIMER, AND RELEASE OF LIABILITY.

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3. SCRC Intellectual Property Statement.

SCRC respects the intellectual property of others and requires its users to do the same. SCRC may, in its sole and absolute discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property rights of others.

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4. Retroactivity.

You agree that this Agreement is and will be effective retroactively to the date You first used the Software.

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5. Notices Regarding Changes To This Agreement.

You fully understand and agree that, with notice to You by email, mail, or posted notice. This Agreement can be subject to periodic change thereby. Posted notice will be made online at https://dedoose.com/resources/terms The earliest retroactive date for legacy Users will apply as early as December 1, 2006.

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6. Inform Us Of Infringement.

If You believe that Your work has been copied in a way that constitutes copyright infringement, or if You believe that Your intellectual property rights have been otherwise violated, please provide the SCRC Copyright Agent identified below with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that You claim has been infringed;
• a description of where the material that You claim is infringing is located on the site;
• Your full name, alternative names used, address, telephone number, and email address;
• a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
• a statement by You that the above information in Your Notice is accurate and, under penalty of perjury, that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

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7. How To Obtain A License.

If You would like to use SCRC trademarks, service marks, trade dress, slogans, screenshots, copyrighted designs, or other brand features, please contact SCRC.

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8. Notice re: Copyright Agent.

SCRC’s designated copyright agent to whom notice of claims of copyright or other intellectual property infringement can be directed, may be reached as follows:

By Mail:
Attn: Eli Lieber, Designated Copyright Agent on behalf of SocioCultural Research Consultants, LLC 
2110 Artesia Blvd #191 Redondo Beach, CA 90278, United States

By Phone:
(866) 680-2928

By Fax:
(866) 580-3837

By Email:
support@dedoose.com

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9. Construction of Terms; Resolving Ambiguities; Superseding Provisions.

In the event any terms or conditions are construed to conflict or alleged to be vague or ambiguous, whether patently or latently vague or ambiguous, the term or condition at issue will be construed to have been intended as, and read as favoring, the most protection for SCRC and its affiliates. In addition, a more protective provision will be construed to supersede any less protective provision that may have overlap, inconsistency, or conflict with a more protective provision. The more protective provision active, not stricken to maintain protection of SCRC. In particular, such greater protective construction of terms, conditions and provisions is fully agreed by the Parties and broadly understood to apply to this Agreement, and it stipulated as being in line with public policy to maintain continued operation of a valued provider of research services such as SCRC here, which is also important including to promoting research and academic tools.

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10. EU Data Protection Authorities (DPAs) and Swiss Federal Data Protection and Information Commissioner (FDPIC) and UK Information Commissioner's Office (ICO)

In compliance with FTC International Trade Administration authority, this provision will supersede and control over any other provision to the contrary: SCRC’s sole and exclusive independent recourse mechanism (IRM) will be only one of the following as applicable to the appropriate jurisdiction:

10.1. TEU Data Protection Authorities (DPAs) only for data transfers under EU DPA jurisdiction;

10.2. Swiss Federal Data Protection and Information Commissioner (FDPIC) only for data transfers under FDPIC jurisdiction;

10.3 UK Information Commissioner's Office (ICO) only for data transfers under ICO jurisdiction.

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11. Dispute Resolution—United States and General Provisions.

If the dispute arises in the United States or in a jurisdiction not specifically listed, the following procedure for dispute resolution will apply in the following order:

11.1 Written communication. First, in the event the parties have a dispute, the first step toward resolution will be informally and directly made by the parties through written communication sufficient to describe in detail the issue and what is required to be resolved; followed by a 30 minute phone or zoom conference to discuss the matter in good faith directly between the parties toward settlement of the matter.

11.2 Mediation. Second, if written communication did not resolve the issue, the parties will in good faith conduct private mediation. The Parties will each propose three candidate mediators each and agree on one mediator to proceed with mediation. The Parties will share costs of mediation. If mediation fails to resolve the matter, then resolution will be made by mandatory and binding arbitration.

11.3 Binding Arbitration. You may invoke binding arbitration when other dispute resolution procedures have been exhausted using; JAMS mediation, arbitration and ADR services.