Effective Date: October 1, 2018
The terms of the Customer-Specific Supplement (“Customer-Specific Supplement”) below supplement and amend Customer’s Contract (as defined in our Customer Terms of Service) if Customer falls into the corresponding category of Customer. If there is any conflict between the Customer-Specific Supplement and the Contract, the applicable terms in the Customer-Specific Supplement will prevail. Nothing in this Customer-Specific Supplement makes us a government contractor for any federal, state, local, or foreign government.
I. U.S. Government Customers
If Customer is a U.S. government or U.S. public entity (or use of the Services is for the U.S. Government), the terms of the Customer-Specific Supplement in this Section I apply.
II. State or Local Government Customers
This Section II applies to Customer if Customer is a state or local government, but only to the extent the Services are being used in an Authorized User’s official capacity as a state or local government official. The sections in the Contract titled “Governing Law,” “Venue; Waiver of Jury Trial; Fees,” and “Customer’s Indemnification of Us” 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
Unless Customer has entered into a written agreement with AlphaTech to the contrary, Customer acknowledges that AlphaTech is not a “Business Associate” as defined in the Health Insurance Portability and Accountability Act and related amendments and regulations as updated or replaced (“HIPAA”), and that the Services are not HIPAA compliant. Customer must not use, disclose, transmit or otherwise process any “Protected Health Information” as defined in HIPAA (“PHI”) through the Services. Customer agrees that we cannot support and have no liability for PHI received from Customer, notwithstanding anything to the contrary herein.
IV. Education Professional Customers
V. Patent Assertion Entities
You agree that if Customer is a Patent Assertion Entity or is acting on behalf of, or for the benefit of a Patent Assertion Entity, Customer will not assert, or authorize, assist, encourage, or enable any third party to assert, any claim, or pursue any actions, suits, proceedings, or demands, against AlphaTech or its affiliates that allege that the Services infringe, misappropriate, or otherwise violate any intellectual property rights (including patents). A “Patent Assertion Entity,” sometimes referred to as a ‘non-practicing entity’ or a ‘patent troll,’ is (a) any entity that derives or seeks to derive most of its revenue from the offensive assertion of patent rights, or (b) directly or indirectly controls, is controlled by, or is under common control with an entity described in (a). This section will survive any termination or expiration of the Contract.
Please also feel free to contact us if you have any questions about AlphaTech’s Customer-Specific Supplement. You may contact us at firstname.lastname@example.org or at our mailing address below:
401 E Las Olas Bldv, # 130277
Fort Lauderdale, FL 33301