This Customer-Specific Supplement is intended to provide additional terms beyond our Customer Terms solely for those Customers of HeroX in the sectors or categories referenced below. The portion of the Customer-Specific Supplement that applies to a specific Customer hereby amends the Customer Terms with respect to each such Customer. In the event of a conflict between the Customer-Specific Supplement and the Customer Terms, the applicable terms in the Customer-Specific Supplement shall prevail. Nothing in this Customer-Specific Supplement shall be interpreted to cause HeroX to be a government contractor for any federal, state, local, or foreign government.
- U.S. Government Customers
- State or Local Government Customers
- Healthcare Customers
- Education Professional Customers
1. US Government Customers
If Customer is a US government or US public entity (or use of the Platform is for the US Government), the terms of the Customer-Specific Supplement in this Section 1 apply.
- Use By or For the U.S. Government. Use of the Platform consists of a “commercial item,” as defined at 48 C.F.R. §2.101, and constitutes “commercial computer software” and “commercial computer software documentation,” as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 to §227.7204. This commercial computer software and related documentation is provided to end users for use, by and on behalf of the US Government, with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
- Indemnification, Auto-Renewal, Venue, Legal Fees: The sections in the Customer Terms titled “Governing Law,” “Auto-renewal,” “Venue; Waiver of Jury Trial; Fees,” and “Customer’s Indemnification of Us” are hereby waived solely to the extent they are inconsistent with federal law.
- No Endorsement: We agree that Customer’s seals, trademarks, logos, service marks, trade names, and the fact that Customer has a presence on one of our websites or web pages and uses our Platform, will not be used by us in such a manner as to state or imply that our products or services are endorsed, sponsored or recommended by Customer or by any other element of the US Government, or are considered by Customer or the US Government to be superior to any other products or services. Except for pages whose design and content is under the control of the Customer, or for links to or promotion of such pages, we agree not to display any Customer or government seals, trademarks, logos, service marks, and trade names on our homepage or elsewhere on one of our hosted sites unless permission to do so has been granted by Customer or by other relevant federal government authority. We may list Customer’s name in a publicly available customer list on a Site or elsewhere so long as the name is not displayed in a more prominent fashion than that of any other third-party name.
2. State or Local Government Customers
This Section 2 applies to Customer if Customer is a state or local government, but only to the extent the Platform is being used in a Customer’s official capacity as a state or local government official. The sections in the Customer Terms 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.
3. Healthcare Customers
Customer acknowledges that HeroX 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 Platform is not HIPAA compliant. Customer must not use, disclose, transmit or otherwise process any “Protected Health Information” as defined in HIPAA (“PHI”) through the Platform. Customer agrees that we cannot support and have no liability for PHI received from Customer, notwithstanding anything to the contrary herein.