Last updated: June 3, 2021
MediGO, Inc. (“MediGO”) provides the platform and browser application entitled Scoutline (the “App”) to you (“you” or “your”) for use in connection with transplant logistics management services. These terms, including any additional terms and conditions communicated to you through email, SMS, or the App (collectively, the “Terms”), apply whenever you access or use the App including, without limitation, when you access or use the App in your capacity as an employee, agent or representative of an Organ Provider Organization (“OPO”) or as a medical professional having been granted permission to access the App by an affiliated OPO.
Subject to your compliance with these Terms and all applicable international, federal, state, and local laws, rules, and regulations, we grant you a limited, revocable, nonexclusive, non-sublicenseable, non-transferable, license to use the App solely for transplant logistics management. The App may only be installed on devices approved by MediGO. Access to the device may be restricted by an applicable OPO. The OPO is solely responsible for providing access, authorization and/or credentialing for your use of the App. If you encounter an access, authorization and/or credentialing problem, please contact the affiliated OPO.
By using the App, you acknowledge that these Terms are concluded between you and MediGO only. MediGO is solely responsible for the App, including providing any maintenance or support for the App.
BY AGREEING TO THESE TERMS, YOU HEREBY CONSENT TO RECEIVE TEXT MESSAGES AND EMAILS FROM MEDIGO AND MEDIGO’S AFFILIATES TO PROVIDE YOU WITH INFORMATION REGARDING THE APP. YOU MAY NOT USE THE APP IF YOU DO NOT AGREE TO THESE TERMS.
The App and all rights therein are and will remain the property of MediGO or MediGO’s licensors. Neither these Terms nor your use of the App grant or convey to you any rights in or related to the App except for the limited license to use the App granted to you above. All trademarks, service marks and logos that are used or displayed on the App are owned by MediGO or MediGO’s licensors. You must obtain MediGO’s written permission prior to using any MediGO trademark or service mark. Unauthorized use of any trademarks, service marks or logos may be a violation of state, national and international intellectual property laws. Additionally, MediGO’s custom icons, graphics, logos, scripting and the “look and feel” of the App are covered by trademark, trade dress, copyright, or other proprietary right law, and may not be copied, modified, or used, in whole or in part, without prior written permission.
In connection with your use of the App, you or an affiliated OPO may provide (or may have provided) to MediGO your mobile phone number. MediGO will use your phone number to provide access to MediGO’s automated SMS service which will allow you to receive notification and updates pertaining to any route, delivery, logistics or other analytical data which you or an affiliated OPO may have subscribed. The following terms apply to your use of MediGO’s SMS service:
MEDIGO DOES NOT PROVIDE MEDICAL ADVICE, MEDICAL OR OTHER PROFESSIONAL SERVICES, OR ANY GUIDANCE OR SUGGESTED DIAGNOSIS OR TREATMENT OR ANY OTHER FORM OF MEDICAL SERVICES.
MediGO is not a “covered entity,” “health insurance issuer,” “health care clearinghouse,” “health care provider,” or “business associate” and are therefore not required to comply with the privacy rules and security rules implemented under the Health Insurance Portability and Accountability Act of 1996 and any regulations promulgated thereunder.
THE APP AND ALL DATA OR INFORMATION PRESENTED THROUGH THE APP ARE PROVIDED TO YOU ON AN “AS-IS,” “AS-AVAILABLE” BASIS. MEDIGO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MEDIGO MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE APP OR ANY INFORMATION, OPINIONS, MATERIALS AND/OR SERVICES PROVIDED THEREUNDER. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION YOU OBTAIN FROM THE APP BEFORE RELYING ON IT. USE OF THE APP IS AT YOUR SOLE RISK. MEDIGO MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE APP WILL BE UNINTERRUPTED, COMPLETELY SECURE, VIRUS-FREE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER WRITTEN, ORAL OR MULTIMEDIA, OBTAINED BY YOU FROM THE APP WILL CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
You agree to indemnify, defend, and hold MediGO and MediGO’s subsidiaries, affiliates, officers, agents, employees, contractors, partners and licensors harmless from and against any and all suits, actions, losses, claims, proceedings, demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks, and costs, including, without limitation, reasonable attorneys’ fees, relating to or arising out of: (i) your use of the App; (ii) your violation of these Terms; (iii) your negligence, fraud, or willful misconduct; and/or (iv) your violation of any law or regulation or any rights of another entity or individual. MediGO reserves the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify against, and you agree to cooperate in MediGO’s defense of such matter. This indemnification will survive any termination of these Terms.
MediGO reserves the right to seek all remedies available at law and in equity for any violations of these Terms. MediGO may, without notice, temporarily or permanently, suspend, disable or block your access to the App if MediGO, in its sole discretion, believes there is a violation of these Terms or any applicable law, rule or regulation. MediGO may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
MEDIGO WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE APP, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, SERVICES AND/OR PRODUCTS PROVIDED TO YOU ON OR THROUGH THE APP.
YOU ACKNOWLEDGE THAT MEDIGO’S TOTAL LIABILITY TO YOU RELATING TO THESE TERMS FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TEN UNITED STATES DOLLARS ($10.00). YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE A FULL UNDERSTANDING OF THE LIMITATION OF LIABILITY SET FORTH IN THIS PARAGRAPH.
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, our liability will be limited to the fullest extent permitted by applicable law.