PLEASE READ THIS Terms of Use Agreement (“TOU”) carefully. THIS IS AN IMPORTANT LEGALLY BINDING AGREEMENT.

The Booz Allen Hamilton COVID-19 Safe Return Simulator (collectively with this site, the “Simulator”) is a tool developed and owned by Booz Allen Hamilton Inc. (“Booz Allen”).  By accessing or using the Simulator, you agree that all use of and access to the Simulator are subject to the terms and conditions set forth in this TOU.  IF YOU DO NOT AGREE, DO NOT USE THIS SIMULATOR.

Booz Allen reserves the right, at its sole discretion, to change these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Simulator following the posting of changes will mean that you accept and agree to the changes.

Age Restrictions.  You must be at least 18 years of age to access or use the Simulator.

You must be at least 18 years of age to access or use the Simulator.

You understand and acknowledge that due to the nature of the technologies included in or used with the Simulator, the prediction accuracy of any models, algorithms, models, or other functions in the Simulator is not guaranteed. Use or reliance upon the outcomes or calculations provided by the Simulator is strictly at your own risk. In no event shall Booz Allen and its partners, licensors, suppliers, and providers have any liability to you or any third party whatsoever, whether implied or statutory, for or arising from your use or reliance on any information, data, projections, and outcomes presented or otherwise calculated by the Simulator.

The Simulator does not provide medical advice or information that can be relied upon to inform actions related to your health and safety or public health.  You acknowledge and agree that the use of the word “safe” or words of similar import in the Simulator are informational only and do not mean or imply that any location or condition is actually safe or free of high risk, danger, COVID-19 infection, or other risk of infection.  Locations and conditions may in fact subject you or others to great danger or risk despite any such characterizations of “safe” or otherwise.

Subject to your ongoing compliance with this TOU, Booz Allen grants to you a limited use, non-exclusive, non-transferable, revocable, non-sublicensable license to use the Simulator in accordance with and subject to any guides, instructions, or other materials made available within the Simulator. You acknowledge that the Simulator is made available for information purposes only.  Booz Allen reserves the right, at any time without notice, to modify, suspend, interrupt, or terminate, operation of or access to the Simulator, or any portion of the Simulator, for any reason.

Your use of the Simulator is subject to Booz Allen’s Privacy Policy, which is available at https://www.boozallen.com/tools/footer-navigation/privacy-policy.html and Cookie Policy which is available at https://www.boozallen.com/tools/footer-navigation/cookie-policy.html.  You acknowledge and agree that Booz Allen may preserve any transmittal or communication by you with Booz Allen through or associated with the Simulator.  You agree that Booz Allen has the right, without liability and notice to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or third parties, as Booz Allen believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this TOU or to comply with law, including but not limited to Booz Allen’s right to cooperate with any legal process relating to your use of the Simulator or a third-party claim that your use of the Simulator is unlawful and/or infringes such third party’s rights.

The Simulator includes proprietary models, algorithms, data, graphics, user interface, and other information and material that are owned by Booz Allen or its partners, contractors, suppliers, providers, and licensors (“Intellectual Property”).  The Intellectual Property is protected by applicable laws, including but not limited to, those regarding trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You are authorized to use the Intellectual Property only in connection with your use of the Simulator and you are authorized to use the Simulator only for personal, noncommercial uses in compliance with this TOU. You shall not reproduce the Simulator or any portion of the Simulator in any form or by any means, except as expressly permitted by this TOU. You agree not to modify, rent, loan, sell, or distribute the Simulator in any manner, and you shall not exploit the Simulator in any manner not expressly authorized by this TOU.

You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Simulator.  You will comply with international trade laws related to export controls, customs, sanctions, embargoes, and other applicable regulations of international trade (“International Trade Laws and Regulations”), including, but not limited to, the U.S. International Traffic in Arms Regulations at 22 C.F.R. Parts 120-130 (“ITAR”), the Export Administration Regulations at 15 C.F.R. Parts 730-771 (“EAR”), and regulations issued by the Office of Foreign Assets Control (“OFAC”), at 31 C.F.R. Parts 501-598.  You shall not export, re-export, or otherwise use the Simulator, except in compliance with International Trade Laws and Regulations.  In particular, you shall not export or re-export any portion of the Simulator (a) into any U.S.-embargoed country or territory or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List or (c) to any end user or for any end use prohibited by Part 744 of the EAR, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.  By using the Simulator, you represent and warrant that you are not located in any country or territory subject to an OFAC embargo, nor are you or your organization the subject of any OFAC blocking or sanctions measures or identified in any restricted party or debarment list maintained pursuant to the ITAR or EAR.  Nothing in this TOU will be construed as requiring Booz Allen or you to perform an activity that would cause a violation of International Trade Laws and Regulations.

BOOZ ALLEN DOES NOT COVENANT, GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SIMULATOR WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME BOOZ ALLEN MAY REMOVE THE SIMULATOR FOR INDEFINITE PERIODS OF TIME OR FOREVER, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SIMULATOR, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SIMULATOR IS AT YOUR SOLE RISK AND LIABILITY. THE SIMULATOR IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.  ALL WARRANTIES ARE EXPRESSLY DISCLAIMED.

BOOZ ALLEN DOES NOT REPRESENT, COVENANT, OR WARRANT THAT THE SIMULATOR WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE BOOZ ALLEN AND ITS PARTNERS AND LICENSORS FROM ALL LIABILITY RELATING THERETO.

BY USING THE SIMULATOR, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD BOOZ ALLEN AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, PARTNERS, CONTRACTORS, SUPPLIERS, PROVIDERS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR USE OF THE SIMULATOR. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM BOOZ ALLEN AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, PARTNERS, CONTRACTORS, SUPPLIERS, PROVIDERS, AND LICENSORS AS A RESULT OF ITS DECISION TO CHANGE, SUSPEND OR TERMINATE THE SIMULATOR OR YOUR ACCESS TO THE SIMULATOR. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL MATTERS, USES, AND VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS TOU.

EXCEPT TO THE EXTENT PROHIBITED BY LAW IN NO EVENT SHALL (A) BOOZ ALLEN AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS, PROVIDERS, AND LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF THE SIMULATOR, AND (B) BOOZ ALLEN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU AGREE THAT YOUR SUBMISSION OF INFORMATION IN CONNECTION WITH YOUR ACCESS AND USE OF THE SIMULATOR IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE BOOZ ALLEN FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

EXCEPT FOR A SUCCESSOR OR ASSIGNEE OF BOOZ ALLEN, NO THIRD PARTY IS ENTITLED TO THE RIGHTS AND BENEFITS HEREUNDER AND TO ENFORCE THE PROVISIONS HEREOF AS IF IT WERE A PARTY TO THIS TOU.

You are encouraged to provide to Booz Allen ideas, proposals, enhancement requests, suggestions or other materials related to the Simulator (“Feedback”). You hereby assign to Booz Allen all right, title, and interest in any Feedback without compensation or credit of any kind. You acknowledge that Booz Allen is under no obligation to use or include any Feedback in the Simulator and all Feedback is deemed to be non‑confidential and Booz Allen shall be free to use such information on an unrestricted basis.

The Simulator is administered and operated by Booz Allen in the Commonwealth of Virginia, United States of America.  If you choose to access the Simulator from outside the United States, you do so on your own initiative, and you are solely responsible for complying with applicable local laws.  This TOU shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without regard to its conflicts of laws provisions.  You consent to the sole and exclusive jurisdiction of the state and federal courts of the Commonwealth of Virginia with respect to any claim arising from your access to and use of the Simulator and all claims related to the Simulator, including, without limitation, actions for enforcement of or breach of this TOU. The United Nations Convention on the International Sale of Goods shall not apply to this TOU and your access to and use of the Simulator.  Any claim under this TOU must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. 

All marks, including without limitation, trademarks, service marks, graphics, and logos, of Booz Allen and its partners, contractors, suppliers, providers, and licensors used in connection with the Simulator are trademarks or registered trademarks of Booz Allen and its partners, contractors, suppliers, providers, and licensors in the U.S. and other countries. You are granted no right or license with respect to any of such marks.

The Simulator may be provided together with, or otherwise contain, certain open source software components including, but not limited to, those listed below in the section entitle “Open Source Components (“Open Source Components”) under their respective open source license agreements (“Open Source Licenses”). You agree to the terms and conditions in each such Open Source License and agree to comply with all such terms and conditions. With respect to each Open Source Component, to the extent there are any conflicts between any terms of this TOU and any terms of the respective Open Source License, which the Open Source License does not permit, such conflicting terms of this TOU will not apply. If the terms of any Open Source License entitle you to the source code of the corresponding Open Source Component, that source code may be made available from Booz Allen upon request (a nominal fee may be charged by Booz Allen for processing such request).

This TOU constitutes the entire agreement between you and Booz Allen and supersedes all prior agreements with respect to the same subject matter between you and Booz Allen. If any part of this TOU is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Booz Allen’s failure to enforce any right or provisions in this TOU will not constitute a waiver of such or any other provision. Booz Allen will not be responsible for failures to fulfill any obligations due to causes beyond its control.

The following Open Source Components are used in the Simulator.

• https://reactjs.org: Copyright (c) Facebook, Inc. and its affiliates. Permission is hereby granted, free of charge, to any person obtaining a copy of the React software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:  The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
  
  
• https://redux.js.org:  Copyright (c) 2015-present Dan Abramov.  Permission is hereby granted, free of charge, to any person obtaining a copy of the Redux software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.  THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
  
  
• https://leafletjs.com:  Copyright (c) 2010-2019, Vladimir Agafonkin.  Copyright (c) 2010-2011, CloudMade.  All rights reserved.  For purposes of this paragraph, “Software” refers to software available on the leafletsjs.com site. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.  THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
  
  
• https://apexcharts.com:  Copyright (c) 2018 ApexCharts.  Permission is hereby granted, free of charge, to any person obtaining a copy of this Apex Charts software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:  The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Last Updated: June 29, 2020