Welcome to CrimsonZip, a wellness app that facilitates organized fitness activity across the Harvard community. CrimsonZip is offered by the President and Fellows of Harvard College (“Harvard”), acting through the Lieberman laboratory in the Department of Human Evolutionary Biology and Harvard University Health Services. 

By subscribing to or using the CrimsonZip app (the “App”), which includes both the mobile app and all web access through app.crimsonzip.org, and/or otherwise accessing the CrimsonZip Service, you accept and agree to be bound by the following Terms of Service:

Scope and Description of Service. The CrimsonZip service (the “Service”) includes all services provided to you by CrimsonZip, including the App. Here is how the Service works:

Users authenticate into the App (or “log in”) using Harvard Key. Once you have logged in, the App will ask you to provide information about yourself and invite you to post information about physical activities (“Activities”) you are planning, or in which have participated or expect to participate. CrimsonZip will notify you and other users about Activities that the App determines may be of interest to them.

Over time CrimsonZip may add new features to the Service, which it will describe within the App.

The Service is made available exclusively to persons who are able to access Harvard University information systems using the Harvard Key user authentication program. Please note that although the Service may be made available to you as a Harvard Key user, nothing about the Service is intended to, nor does it, override any restrictions the University may, by policy or otherwise, have placed on your ability to engage in certain activities or to enter upon Harvard property.

Appropriate Use/ Conduct. You agree that you are responsible for your own use of the Service. You agree that you will use the Service in compliance with these Terms of Service and all applicable local, state, national and international laws, rules and regulations, including privacy and copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all United States export control laws. You further agree that at all times you will abide by Harvard University’s standards of conduct, community principles, and written policies, in connection with your use of the Service.

In addition, you agree that you will not: 

• Impersonate any other person, including by establishing a User Account under another person’s name or using another person’s personal information or User Account.
• Access or use the Service for any reason other than its intended purpose.
• Reverse-engineer the Service.
• Use the Service in any manner intended to damage, disable, overburden, interfere with, or disrupt any part of the Service, the computer equipment or network(s) connected to the Service, or any other User’s access to or use of the Service.
• Attempt to gain unauthorized access to the Service, any Service user accounts, or computer equipment or networks connected to the Service by any means.
• Obtain or attempt to obtain any materials or information on or via the Service not intentionally made available to you through the Service. 
• Use any high volume or automated means to access the Service (including without limitation robots, spiders, or scripts). 
• Frame the Service, place pop-up windows over its pages, or otherwise affect the display of its pages.
• Force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Service.

Activities & Other User-Generated Content. The Service may provide features by which a user can post Activities, comments, and other information (“User-Generated Content”). If you choose to post User-Generated Content, you will not:

• Make comments that are abusive, threatening, knowingly false, or unlawful.
• Use foul language or engage in personal attacks.
• Post content that infringes a copyright, trademark, or patent right, trade secret, or other legal right of any person.
• Create an Activity that will not take place or otherwise post false or misleading information in connection with an Activity.

By submitting User-Generated Content for publication by the Service, you grant Harvard a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to reproduce, publicly perform, publicly display, and distribute said content through the Service. You understand and agree that Harvard reserves the right to monitor User-Generated Content on CrimsonZip and modify or remove any of said content at its discretion, without notice, and for any reason. Notwithstanding the foregoing, you understand that Harvard assumes no responsibility for monitoring, modifying, or removing, or failing to monitor, modify, or remove, any User-Generated Content. You further understand and agree that the views and opinions expressed by other users on CrimsonZip are theirs alone and should not be ascribed to Harvard. Content created by third parties is the sole responsibility of the third parties, and its accuracy and completeness are not endorsed or guaranteed by Harvard. Harvard will have no liability in the event any User-Generated Content you post violates third-party rights or is used or disclosed by others in violation of these Terms of Service. You understand that User-Generated Content that you post may not remain confidential, so you should not post anything that you do not want communicated to others, including anything that may embarrass you or expose you to a risk of litigation.

Consent to Collection and Use of Information. The Service may collect data for each User as set forth in the CrimsonZip Privacy Statement or as otherwise disclosed in the Service. You acknowledge that you have read and understand the CrimsonZip Privacy Statement.

Assumption of Risk. You understand that Activities posted through the Service require varying levels of physical effort, and you represent and warrant that you are physically fit and have no medical condition that would prevent full participation in any Activities in which you choose to engage. You further understand that the Service does not vet, review, or moderate Activities posted through the Service; does not review or assess the level of exertion or skill required to participate in any Activity; and does not endorse any training, advice, or instruction provided by any person in connection with an Activity. You agree to assume full responsibility for any risks, injuries or damages, known or unknown, that you may incur as a result of participating in any Activity.

DISCLAIMER OF WARRANTY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ANY INFORMATION, PRODUCTS, OR SERVICES THEREIN OR OBTAINED THEREBY ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED, OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES; (B) THE SERVICE WILL NOT EXPERIENCE OUTAGES OR OTHERWISE WILL BE UNINTERRUPTED, TIMELY, OR SECURE; (C) THE INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE SERVICE WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, OR RELIABLE; (D) ANY DEFECTS IN OR ON THE SERVICE WILL BE CORRECTED; OR (E) THAT ACTIVITIES POSTED THROUGH THE SERVICE BY YOU OR OTHER USERS ARE SAFE OR APPROPRIATE FOR YOUR OR OTHER USERS’ PARTICIPATION. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SERVICE, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE SERVICE MAY BE IMPAIRED.

LIMITATION OF LIABILITY. EXCEPT INSOFAR AS THE FOLLOWING LIMITATION MAY BE PROHIBITED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR EARNING POWER, LOSS OF DATA, LOSSES DUE TO ERRORS OR INTERRUPTION IN AVAILABILITY OF THE SERVICE, UNAVAILABILITY OF ANY SERVICE, SERVER, OR COMMUNICATIONS FACILITY, OR DAMAGES DUE TO ACTS OR OMISSIONS OF OTHERS USING THE SERVICE), ARISING OUT OF OR RELATING TO THE SERVICE, INCLUDING WITHOUT LIMITATION YOUR AND OTHERS’ USE OF OR INABILITY TO USE THE SERVICE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTORY, OR OTHER LAW. OUR TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, IN THE WAYS DESCRIBED IN THE PRECEDING SENTENCE), WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, WILL NOT EXCEED THE AMOUNT, IF ANY, THAT YOU PAID US TO USE THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM. THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER OR NOT WE HAVE BEEN NEGLIGENT OR OTHERWISE AT FAULT.

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF SERVICE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THESE LIMITATIONS ARE ESSENTIAL TO OUR WILLINGNESS TO MAKE THE SERVICE AVAILABLE TO YOU. EACH OF THESE DISCLAIMERS AND LIMITATIONS IS INTENDED TO BE SEPARATELY ENFORCEABLE, REGARDLESS OF WHETHER ANY OTHER REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU ACKNOWLEDGE THAT, FOR PURPOSES OF THE FOREGOING DISCLAIMERS AND LIMITATIONS, AS WELL AS THE INDEMNITY AND THIRD-PARTY PROVISIONS IN SECTIONS 8 AND 9 BELOW, THE TERMS “WE,” “OUR,” “US” AND “CRIMSONZIP” INCLUDE THE CORPORATE BODY PRESIDENT AND FELLOWS OF HARVARD COLLEGE, ALSO KNOWN AS HARVARD UNIVERSITY, AND ITS VARIOUS SCHOOLS, THE MEMBERS OF ITS GOVERNING BOARDS, AND ITS OFFICERS, FACULTY MEMBERS, EMPLOYEES, FELLOWS, AND STUDENTS WORKING ON THE CRIMSONZIP PROJECT, AND ITS CONTRACTORS AND REPRESENTATIVES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THE LAWS OR REGULATIONS OF THESE JURISDICTIONS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification. You agree to indemnify and hold harmless us (as defined for this purpose in Section 7 above) from any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees and costs, relating to or arising out of (a) your use or attempted use of the Service in violation of these Terms of Service; or (b) your violation of any law or rights of any third party in connection with your use of the Service.

Links. The Service may include hyperlinks to websites or applications maintained or controlled by others, including apps developed and deployed by third parties. We are not responsible for and do not approve or endorse the contents or use of any of the information, products, or services that may be offered at these websites or applications. If you decide to access linked third-party websites or applications, you do so at your own risk. You expressly relieve us from any liability arising from your use of any third-party website or application. 

Choice of Law. You agree that the Terms of Service and any claim or dispute arising out of or relating to the Terms of Service, or the Service and your use of the Service, will be governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts of laws principles. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Middlesex or Suffolk County, Massachusetts, U.S.A. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or inconvenience of forum).

Whole Agreement/ Amendments. These Terms of Service and the CrimsonZip Privacy Statement together constitute the entire agreement between you and Harvard with respect to your use of the Platform and this Service. Harvard reserves the right to amend these Terms of Service at any time. The Service will post notice of changes to the terms on this webpage, and by accessing the Service after modifications to these Terms of Service have been posted, you agree to be bound by all the modified terms. Accordingly, you should periodically revisit this page to review the then-current Terms of Service.

Revised <08 Jul 2024>