Effective: June 17, 2019
The terms of the Customer-Specific Schedule (“Customer-Specific Schedule”) below supplement and amend Customer’s Agreement (as defined in our Customer Terms of Service for Configurable Programs) if Customer falls into the corresponding category of Customer. If there is any conflict between the Customer-Specific Schedule and the Agreement, the applicable terms in the Customer-Specific Schedule will prevail.
I. U.S. Government Customers
If Customer is a U.S. government or U.S. public entity (or use of a Subscribed Service is for the U.S. Government), the terms of the Customer-Specific Schedule in this Section I apply.
A. Use By or For the U.S. Government. The Subscribed Services are a “commercial item,” as defined at 48 C.F.R. §2.101, and constitute “commercial computer software” and “commercial computer software documentation,” as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 to §227.7204. This commercial computer software and related documentation is provided to end users for use, by and on behalf of the U.S. Government, with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
B. Auto-Renewal, Indemnification, and Venue: The sections in the Customer Terms of Service titled “Auto-Renewal”, “Customer’s Indemnification of Us”, “Governing Law,” and “Dispute Resolution,” and are hereby waived, but only to the extent they are inconsistent with U.S. federal law.
C. No Endorsement: We agree that Customer’s seals, trademarks, logos, service marks, trade names, and the fact that Customer has a presence on one of our websites and uses our Services, will not be used by us in such a manner as to state or imply that our products or services are endorsed, sponsored, or recommended by Customer or by any other element of the U.S. Government, or are considered by Customer or the U.S. Government to be superior to any other products or services. Except for pages with content under the control of the Customer, or for links to or promotion of such pages, we agree not to display any Customer or government seals, trademarks, logos, service marks, and trade names on our homepage or elsewhere on one of our hosted sites unless permission to do so has been granted by Customer or by other relevant federal government authority. We may list Customer’s name in a publicly available customer list on our website or elsewhere so long as the name is not displayed in a more prominent fashion than that of any other third party.
II. State or Local Government & Educational Institution Customers
This Section II applies to Customer if Customer is a state or local government, or state entity or institution, but only to the extent a Subscribed Service is being used in an Authorized User’s official capacity as an employee of a state or local government, or state entity or institution. The sections in the Customer Terms of Service titled “Auto-Renewal”, “Customer’s Indemnification of Us”, “Governing Law,” and “Dispute Resolution,” and will not apply to Customer only to the extent Customer’s jurisdiction’s laws prohibit Customer from accepting the requirements in those sections.
III. Healthcare Customers
This Section III applies to any Covered Entity or Business Associate as defined in the Health Insurance Portability and Accountability Act and related amendments and regulations as updated or replaced (“HIPAA”), unless Customer has entered into a written agreement with us to the contrary. Customer acknowledges that we are not a Business Associate or subcontractor (as defined in HIPAA) and that the Services are not HIPAA compliant. Customer must not submit, collect, or use any “personal health information” as defined in 45 CFR §160.103 (“PHI”), with or to the Services. Customer agrees that we have no liability for PHI received from Customer, notwithstanding anything to the contrary herein.
Contacting Emerge Knowledge
Please also feel free to contact us if you have any questions about this Customer-Specific Schedule. You may contact us at firstname.lastname@example.org or at our mailing address below:
Emerge Knowledge Design Inc.
401 – 250 McDermot Avenue
Winnipeg, Manitoba R3B 0S5