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Terms and Conditions For Language Bank Interpretation Scheduling Platform Please read the following Terms and Conditions (Terms) carefully before using the Language Bank Scheduling Platform & Software and Mobile Software (Platform).Your access to and use of the Platform is conditioned on your acceptance and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Platform. By accessing or using the Platform you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Platform. Nothing in these Terms supersedes or limits your rights and responsibilities under any written agreement you have entered into with Language Bank 1) Access and HIPAA: Our Platform allows users to schedule assignments, accept assignments, and access data and information related to assignments for interpreting, translation and training. Access to the Platform is granted to Language Bank customers, employees and individuals involved in the delivery of interpreting, translation, and training services to Language Bank customers. By accessing the Platform, you understand that you are granted access to sensitive information about interpreters, medical patients and legal system plaintiffs and defendants, and Language Bank Customers. You furthermore agree to treat all information on the Platform as private and confidential, and to not divulge this information to anyone except when authorized in an audit. You and your organization are responsible for abiding by all HIPAA requirements and for having a Business Associate Agreement in place. All users are required to create and use their own individual accounts. You agree that all information you have provided us when opening your individual account is true, accurate, current and complete and agree to review and update it regularly. You agree to log in using your own account, and agree not to share your login credentials or account information with any other person nor use any other person's credentials to log in to the Platform. Your use of the Platform is also subject to the terms and conditions of the agreement between you, your organization and Language Bank. 2) Links To 3rd Party Web Sites: Our Platform may contain links to third-party web sites or services that are not owned or controlled by Language Bank. You acknowledge and agree that Language Bank has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or Platforms. You further acknowledge and agree that Language Bank shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. 3) Unacceptable use: When using the Platform you must not: -Circumvent or disable any security feature -Give false or misleading information -Misrepresent your identity -Disrupt or hack the Platform 4) Changes in Terms and Conditions: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. You will be notified of any material changes to these Terms. 5 )Downtime: Language Bank will make its best effort to provide continual, uninterrupted access to the Platform. However, if there is a need for maintenance or an event beyond our control that interrupts Platform services or performance we will do our best to alert you. If you are not able to access the Platform, please contact Language Bank by telephone for assistance with scheduling. You acknowledge and agree that Language Bank shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with temporary interruptions in Platform services due to scheduled or emergency maintenance or causes beyond our control. 6) Mobile Software: If you use Mobile Software in conjunction with the Platform, you are responsible for any additional charges from your wireless provider for these services. You acknowledge that Language Bank may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the current version of the Mobile Software. You agree that all terms and conditions will apply to such upgrades. 7) Termination: Users who breach the terms and conditions of their relationship with Language Bank, including but not limited to terms and conditions of payment and HIPAA protections, may have their access to the Platform blocked or terminated. We may suspend or terminate your account or cease providing you with access to the Platform at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of access to the Platform is no longer commercially viable. In such a termination event, the access granted hereunder shall automatically terminate. In all such cases, the Terms shall terminate, including, without limitation, your authorization to use the Platform. The limits of liability and indemnification terms herein will survive such termination. If you wish to delete your Platform and Mobile Software account(s) in their entirety(ies), you may contact us via lbsupport@thelanguagebank.org and specify which Language Bank scheduling account(s) you wish to delete. We will delete your specified accounts within a reasonable time, unless prohibited by law. 8) Limitation of liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LANGUAGE BANK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i)YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; (ii)ANY CONDUCT OR CONTENT OF ANY USER OR OTHER THIRD PARTY ON, THROUGH, OR ASSOCIATED WITH THE PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii)ANY CONTENT OBTAINED FROM THE PLATFORM; OR (iv)UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LANGUAGE BANK EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID LANGUAGE BANK, IF ANY, IN THE PAST SIX MONTHS FOR USE OF THE PLATFORM GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE LANGUAGE BANK HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. FEDERAL LAW, SOME STATES, PROVINCES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. FURTHER, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW 9 )Indemnity You agree to defend, indemnify and hold harmless Language Bank and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) your use of and access to the Platform including any data or content transmitted or received by you; (ii)y our violation of any provision of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) our violation of any third-party right, including without limitation any right of privacy or intellectual property rights caused by you or your actions; (iv)y our violation of any applicable law, rule or regulation; (v) any content that is submitted via your user account including, without limitation, that which is misleading, false, or inaccurate; (vi)your willful misconduct; or (vii)any other party's access and use of the Platform with your unique username, password or other appropriate security code. 10) General terms The failure of the Language Bank to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. These Terms are the entire and exclusive agreement the Language Bank and you regarding the Platform, and these Terms supersede and replace any prior agreements between the Language Bank and you regarding the Platform Notwithstanding the foregoing, nothing in these Terms supersedes or limits your rights under (1) the terms and conditions of any written agreement you have entered into with the Language Bank or (2) applicable laws or regulations to the extent these Terms are prohibited by such laws or regulations. In the event of any conflict between these Terms and the terms and conditions of an applicable written agreement you have entered into with Language Bank, the terms and conditions of the other written agreement, laws or regulations shall control. We may revise these Terms from time-to-time and the most current version will always be available at thelanguagebank.org. If the revision, in our sole discretion, is material we will notify you through the Platform or through the email associated with your profile. By continuing to access or use the Platform after those revisions become effective, you agree to be bound by the revised Terms. The Platform is operated and provided by Language Bank: 11) Third Party Billing Any appointment request that intends to utilize a 3rd party for payment must specify such and provide all accurate billing information at the time of the request. This includes required personal and 3rd party information. Failure to provide accurate and timely 3rd party billing information will nullify payment assistance for the specific appointment. The organization who schedules the appointment will be held responsible for the payment of the service(s) if the 3rd party payment information entered is incorrect or incomplete. 12) Contact: If you have any questions about these Terms, interpreters, clients or appointments, please contact lbsupport@thelanguagebank.org or call 844.579.0610. For all password, login, or system access help, please email: lbsupport@thelanguagebank.org You acknowledge that the Platform may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software. You agree that all terms and conditions will apply to such upgrades. FOR INTERPRETERS: Please read the following Terms and Conditions (Terms) carefully before using the Language Bank Scheduling Platform & Software and Mobile Software (Platform). Your access to and use of the Platform is conditioned on your acceptance and compliance with these Terms and Terms listed in "Memo/Contract to Interpreters". By accepting, confirming and completing an appointment, you are agreeing to the terms of "Memo/Contract to Interpreters" that can be found as an attachment in an email notifying you that you were assigned to an appointment, your compliance page and appointment detail information on the platform (next to the journal ,vform, additional documents, etc.).
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