The terms of the Organization-Specific Supplement (“Organization-Specific Appendix”) below supplement and amend Organization’s Contract (as defined in our Organization Terms of Service) if Organization falls into the corresponding category of Organization. If there is any conflict between the Organization-Specific Supplement and the Contract, the applicable terms in the Organization-Specific Supplement will prevail. Nothing in this Organization-Specific Supplement makes us a government contractor for any federal, state, local, or foreign government.
If Organization is a U.S. government or U.S. public entity (or use of the Service is for the U.S. Government), the terms of the Organization-Specific Supplement in this Section I apply.
This Section II applies to Organization if Organization is a state or local government, but only to the extent the Service is 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 “Organization’s Indemnification of Us” will not apply to Organization only to the extent Organization’s jurisdiction’s laws prohibit Organization from accepting the requirements in those sections.
This Section III applies to any Covered Entity as defined in the Health Insurance Portability and Accountability Act and related amendments and regulations as updated or replaced (“HIPAA”), unless Organization has entered into a written agreement with us to the contrary. Organization acknowledges that we are not a Business Associate or subcontractor (as defined in HIPAA) and that the Service is not HIPAA compliant. Organization must not submit, collect or use any “personal health information” as defined in 45 CFR §160.103 (“PHI”), with or to the Service. The Organization agrees that we have no liability for PHI received from Organization, notwithstanding anything to the contrary herein.
Please also feel free to contact us if you have any questions about MyMantl’s Organization-Specific Supplement. You may contact us at [email protected] or at our mailing address below:
Chalk & Wire Learning Assessment Inc.
1565 Point Abino Road South
Ridgeway, Ontario, Canada