Med-Stop web application (“Med-Stop App”) is the online management system for drug, alcohol and occupational medical tests, integrated with the Med-Stop Medical Review Officer (MRO) service, laboratory result processing. The Med-Stop App covers employee compliance management, random selection programs.
Med-Stop and Employer hereby agree to the terms and conditions set forth as follows:
I. Terms and Conditions
1. The undersigned individual; acting on behalf of a DOT/FMCSA-regulated business entity, represents and warrants to Med-Stop that he/she has the authority to bind such entity to the terms and conditions of this agreement. If you do not have such authority, you must not accept this agreement and must not use the Med-Stop App.
2. Med-Stop hereby grants to Employer a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right, to access and use the Med-Stop App.
3. Employer is responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to the Med-Stop App and is fully responsible for all activities that occur under Employer assigned accounts.
4. Employer is responsible for all data entered into the Med-Stop App - it’s validity, legal consents, privacy and compliance with federal, state and local regulations. Med-Stop cannot and does not assume any responsibility or liability for any information Employer submits or retrieves from the Med-Stop App.
5. Employer recognizes that Med-Stop is not its “Third-party administrator” or “Consortium” as defined by the Department of Transportation laws. Med-Stop App is an online service for Employer to use but the Employer alone is responsible for all DOT compliance matters.
6. Med-Stop cannot be held liable for any non-compliance rulings or citations against Employer for any reason.
7. Employer agrees to pay all charges resulting from the use of Med-Stop App or other Med-Stop services at the prices then in effect, including any unauthorized charges incurred prior to Employer notifying Med-Stop of such charges. All Med-Stop charges are exclusive of sales or other taxes and Employer is responsible for payment of any applicable state, local and city taxes.
8. In the event that full payment of any or all charges due to Med-Stop by the Employer has not been received by Med-Stop within 14 days of the date, payment is due, Med-Stop will notify Employer of the delinquent charges. If the delinquent charges are not received within the next 14 days of the delinquency notification, Med-Stop reserves the right to terminate this agreement and Med-Stop App access.
10. Employer consents to receive electronic, fax communication from Med-Stop. Employer agrees that alerts, test results, notices, agreements, disclosures, statements, other messages that Med-Stop sends to Employer electronically or by fax will satisfy legal communication requirements, the same as if such communications were presented in writing unless otherwise determined by applicable law.
11. This agreement is not valid unless signed and dated by authorized representatives of both Employer and Med-Stop. Signed agreements must be either scanned into the Med-Stop App at the time of agreement initiation or faxed to the Med-Stop main fax number. Faxed agreements will be then scanned by Med-Stop representative and stored as Employer binding document in the Med-Stop App.
Employer agrees to defend, indemnify and hold Med-Stop, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, Employer violation of this agreement, using Med-Stop App, where allowable to the full extend of the law.
III. No Class Action
Employer and Med-Stop agree that each may bring claims against the other only in its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both Employer and Med-Stop agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
IV. Disclaimer of Warranties, Limitation of Liability
1. Employer expressly agrees that the use of the Med-Stop App is at Employer’s sole risk. Med-Stop does not warrant that the use of the Med-Stop App will be uninterrupted or error-free.
2. Med-Stop App is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
3. To the fullest extent permissible by applicable law, in no event shall Med-Stop be liable to Employer for any injury, property damage, lost profits, cost of substitute goods or services, loss of data, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of use of the Med-Stop App or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, unauthorized access to, alteration of, or use of or posting of any record, content, or technology, pertaining to the Med-Stop App. Employer agrees that this limitation of liability applies whether such allegations are for breach of contract, tortious behavior, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed and even if the Med-Stop has been advised of the possibility of such loss or damage.
4. If applicable law does not allow all or any part of the above limitation of liability to apply to Employer, the limitations will apply to Employer only to the extent permitted by applicable law.
V. Governing law
Terms and conditions of this agreement and the resolution of any disputes related to these terms and conditions shall be construed, interpreted in accordance with the laws of the State of Illinois, and be resolved exclusively by the state and federal courts of the State of Illinois.
VI. Modifications of this agreement
Med-Stop reserves the right to modify this agreement at any time. Employer will be notified about such modifications by the alert in the Med-Stop App. The modified version of this agreement will be available to Employer in the Med-Stop App. Employer’s continued use of the Med-Stop App after the effective date of any change to this agreement will be deemed acceptance by the Employer to the modified terms.
1. Employer may terminate this agreement at any time by notifying Med-Stop of such termination via Med-Stop App support form, by faxing the agreement termination form to the Med-Stop fax number, sending termination information to Med-Stop email email@example.com. The Employer remains responsible for any and all outstanding fees owed.
2. Med-Stop may terminate or suspend the agreement without notice, for conduct that Med-Stop believes is a breach of this agreement or a violation of any applicable law. Employer will be notified by Med-Stop agreement termination form faxed to the main Employer fax number or emailed to the main Employer email address.
3. This agreement will be terminated if Employer does not accept the modifications of this agreement or pay any outstanding balances owed in accordance with the terms of this agreement.
4. The Employer account can be suspended and/or the agreement terminated if Employer has past-due, outstanding Med-Stop fees older than 28 days.
5. Termination of Employer account will include denial of access to Med-Stop App, deletion of all data in Employer account.