The terms of the Customer-Specific Supplement (“Customer-Specific Supplement”) below supplement and amend the Customer’s Contract (as defined in our Customer Terms of Service) if the 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.
The Customer acknowledges that Dovetail 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. The Customer must not use, disclose, transmit or otherwise process any “Protected Health Information” as defined in HIPAA (“PHI”) through the Services. The Customer agrees that we cannot support and have no liability for PHI received from the Customer, notwithstanding anything to the contrary herein.
The Customer must keep all consents on file and provide them to us if we request them. If the Customer is located outside of the United States, we will rely upon the Customer to obtain any required consents or approvals from the parent or guardian of any student covered by similar laws and, as a condition to the Customer’s and its students’ use of the Services, the Customer will comply with such laws.
You agree that if the Customer is a Patent Assertion Entity or is acting on behalf of, or for the benefit of a Patent Assertion Entity, the 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 Dovetail 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.
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