Medical Cart AR - End User License Agreement

Effective Date: May 3, 2022

This Medical Carts End User License Agreement (“EULA”) of OSF Healthcare System (“OSF,” “we,” “us,” and “our”) apply to all contents and information available within the Medical Carts augmented reality training software app (“Medical Carts Apps”) and associated software services made available by OSF (collectively, the “Service”). You agree to be legally bound by this EULA when you access or use the Service.

Please review THIS EULA carefully.

By using THE Service, you acknowledge that you accept the TERMS set forth herein. If you do not accept THIS EULA, you may not access OR USE the Service.

BINDING ARBITRATION

THIS EUlA CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND OSF MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST OSF TO BINDING, CONFIDENTIAL AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.

Please review the section below entitled, “Independent Arbitration Agreement” for the details regarding your agreement to arbitrate any disputes with OSF.

Health Disclaimer; Operational Training

THE SERVICE IS INTENDED FOR OPERATIONAL TRAINING PURPOSES TO FAMILIARIZE USERS WITH EQUIPMENT LAYOUTS AS IMPLEMENTED BY THE ORGANIZATION YOU ARE ASSOCIATED WITH (“OPERATIONAL TRAINING PROGRAM”). THE SERVICE IS NOT INTENDED TO PROVIDE ANY PROCEDURES OR PROTOCOLS RELATED TO EQUIPMENT, EQUIPMENT OPERATION, OR ANY UNDERLYING TREATMENT, NOR DOES IT PROVIDE ANY MEDICAL TRAINING, MEDICAL ADVICE, OR TECHNICAL TRAINING WITH RESPECT TO ANY EQUIPMENT THAT MAY BE THE SUBJECT OF OPERATIONAL TRAINING PROGRAM, NOR DOES IT PROVIDE ANY TRAINING OR ASSURANCES REGARDING HEALTH OR SAFETY. THE CONTENTS OF THE SERVICE, INCLUDING TEXT, GRAPHICS, IMAGES, AND OTHER MATERIALS CREATED BY OSF OR OTHERWISE CONTAINED IN THE SERVICE ARE FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL TRAINING WITH RESPECT TO PROPER USE OF ANY EQUIPMENT THAT MAY BE DISPLAYED IN THE SERVICE. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTH CARE PROFESSIONAL WITH ANY QUESTIONS YOU HAVE REGARDING ANY PROPER USE OR STOCKING OF ANY EQUIPMENT.

RELIANCE ON ANY INFORMATION PROVIDED BY OSF OR IN CONNECTION WITH THE SERVICE IS SOLELY AT YOUR OWN RISK. OSF DOES NOT RECOMMEND OR ENDORSE ANY PRODUCTS, OPINIONS, OR OTHER INFORMATION THAT MAY BE DISPLAYED OR OTHERWISE MENTIONED IN THE SERVICE.

Privacy

Please review our Privacy Policy which also applies to your use of the Service.

Organization Linking

OSF is contracted by different companies or organizations (each an “Organization”) to provide the Service with the respective Organization’s content pursuant to an agreement between OSF and such Organization. For example, an Organization may be a hospital that you are employed or contracted with. Such Organization will provide you with a unique organization access code (“Cart Access Code”) that is required to establish a unique account to access Organization Content (as defined below) and specific Organization-configuration features of the Service. OSF is not responsible for providing any Cart Access Codes, and such Cart Access Codes may only be obtained from the respective Organization. Your use of the Service will be governed by this EULA.

You acknowledge and agree that:

• YOU SHALL NOT SHARE OR PUBLISH ANY CART ACCESS CODE, OR USE THE CART ACCESS CODE FOR ANY OTHER PURPOSE OTHER THAN YOUR PERSONAL USE OF THE SERVICE, NOR LET ANYONE ACCESS YOUR ACCOUNT ESTABLISHED WITH A CART ACCESS CODE, OR DO ANYTHING ELSE THAT MIGHT JEOPARDIZE THE SECURITY OF YOUR ACCOUNT;
• In the event you become aware of, or reasonably suspect, an unauthorized third party has gained access to your account, you must immediately notify OSF by emailing us at the email address provided in the Section entitled “How to Contact Us” below;
• You are solely responsible for maintaining the confidentiality of the Cart Access Code and you will be responsible for all uses with such Cart Access Code whether or not authorized by you; and
• You are responsible for anything that happens through your account and specifically acknowledge that use of the Service and/or actions taken through your account are used or taken on behalf of you.
  
  

Organization Training

An Organization may provide you with a Cart Access Code that allows you to participate in Operational Training Programs offered by an Organization through our Service.

Organizations may offer credits, acknowledgements, or other incentives for the completion of a respective Operational Training Program (a “Credit”). To verify completion requirements in order for Organization to provide you with Credit, you may need to submit certain personal information about yourself such as your name and some other identifier required by the Organization into the Service so that we may provide such information to the Organization. Any information provided under this section will be processed in accordance with our Privacy Policy.

OSF IS NOT RESPONSIBLE FOR ANY CREDIT AN ORGANIZATION MAY PROVIDE FOR COMPLETING ANY TRAINING PROGRAM ACCESSIBLE THROUGH THE SERVICE.

Use of the Service

OSF grants you a limited right to download the Medical Cart App, and access and use of the Service subject to this EULA. The Service and any part of it (including, without limitation the Medical Cart App) shall not be reverse engineered, reproduced, distributed, framed or otherwise exploited for any purpose. OSF reserves the right to discontinue all or part of the Service with or without notice at any time. OSF does not transfer any ownership interest in the Service, any copies of the Service, any Content, or any intellectual property related to any of the foregoing, to you under this EULA. You agree that OSF, in its sole discretion, may terminate or restrict your use or access to the Service (or any part thereof) for any reason, including, without limitation, that OSF believes you have violated or acted inconsistently with this EULA. You may not link to the Service from any other website or application without OSF’s prior written permission.

Security and Service Use Restrictions

You are prohibited from violating or attempting to violate the security of the Service, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Service or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

You agree not to use the Service:

• In any way that violates any applicable federal, state, local or international law or regulation;
• To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm us or users of the Service or expose them to liability;
• Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service;
• Use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the materials on the Service;
• Use any manual process to monitor or copy any of the materials on the Service or for any other unauthorized purpose without our prior written consent;
• Use any device, software or routine that interferes with the proper working of the Service; or
• Otherwise attempt to interfere with the proper working of the Service.
  
  

Intellectual Property

OSF Intellectual Property.
Other than any Organization Content as provided below, the Service, and all information, files, documents, text, photographs, images, audio, and video which it contains and any material made available for download on the Service (collectively, the “Content”) are the property of us or our licensors, as applicable. The Service and Content are protected by United States and international copyright and trademark laws. You shall not reverse engineer, reproduce, distribute, display, or create derivative works of, the Service or any Content. All rights not expressly granted herein are reserved to us and our licensors.

The OSF HEALTHCARE word mark, the OSF Shield logo and other graphics, designs, logos, page headers, button icons, scripts, trade names, and service names are service marks, registered service marks or trade dress of OSF Healthcare System, and shall not be used by you for any purpose.

Our trademarks, service marks, trade names, service names, and trade dress may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

All other trademarks, service marks, trade names or service names not owned by us that appear in the OSF App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Organization Intellectual Property.
The Organization(s) associated with your account may have integrated an Organization’s own unique content, or licensed content from a third party, with respect to the Organization’s specific equipment layouts or other training tools and informational materials provided in the Service (“Organization Content”). The Organization Content and any references to company names shall not be copied, distributed, modified, reproduced, published or used, in whole or in part, at any time. OSF does not control and is not responsible for the Organization Content, and any questions, concerns or complaints related to Organization Content should be directed towards the respective Organization.

Organization Content may include visual or audio informational materials associated with such Organization Content. Any such informational materials are provided by the respective Organization. OSF makes no representations or warranties of any kind with respect to the Organization Content, including the accuracy and appropriateness of any informational materials therein, and OSF disclaims any and all liability related to the Organization Content.

Copyright Notice.
It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). In addition, OSF accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
If you believe in good faith that materials contained within the Service infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located within the Service are covered by a single notification, a representative list of such works);
3. Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material within the Service;
4. Your name, address, telephone number, and email address (if available);
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
   
   

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send OSF a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details. Notices and counter-notices with respect to the Service should be sent to our registered agent at copyright@osfhealthcare.org.

If you prefer to contact us via postal mail or fax, here is how to do so:

Suspension and Termination of Account

WITHOUT LIMITING ANYTHING OTHERWISE PROVIDED IN THIS EULA, OR ANY OTHER REMEDIES, WE MAY, WITH OR WITHOUT NOTICE TO YOU, LIMIT, SUSPEND, TERMINATE, MODIFY OR DISABLE YOUR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF, IN OUR SOLE DISCRETION, IF (1) YOU FAIL TO COMPLY WITH ANY ASPECT OF THIS EULA, (2) YOUR RIGHTS TO USE THE SERVICE IS EXPIRED OR BECOME TERMINATED, OR (3) YOUR ACCOUNT IS USED FOR ACTUAL OR SUSPECTED ILLEGAL ACTIVITY OR IMPROPER USE OF THE SERVICE. OSF SHALL BE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR ADVERSE RESULTS THAT ARE DUE TO THE SUSPENSION, TERMINATION, MODIFICATION, OR DELETION OF YOUR ACCOUNT.

Independent Arbitration Agreement

In consideration of and as a condition of your use of the Service you and OSF (collectively, “the parties”) agree as follows (the “Arbitration Agreement”):

Applicability; Exclusions; Court and Jury Trial Waiver. The parties agree that any and all covered disputes (as defined below) that either party has the legal right to sue for in court, whether now or in the future, shall be subject to final and binding arbitration under the arbitration provisions set forth below. This means that the parties have selected arbitration as the sole and exclusive forum for the parties to sue or be sued in for all covered disputes, regardless of when the dispute first arose or arises and irrespective of the time period(s) involved in the dispute. The term “covered disputes” means all disputes and claims between the parties, including any disputes or claims arising out of or relating to this EULA, relating to the relationship between the parties, and all other claims or disputes under federal, state, and local statutes and laws, municipal ordinances, executive orders, contract, tort, public policy, or common law (judge-made law).

The parties intend to require arbitration of all covered disputes that can lawfully be arbitrated. It is understood by the parties that the term “covered disputes” shall cover and include all such disputes not only between the parties to this EULA but also all disputes or claims against any of your heirs, executors, personal representatives, and assigns, and all such disputes or claims not only against OSF but also against any and all of its affiliates, subsidiaries, and parents collectively and its and their predecessors and successors and any of its and their collective officers, agents, employees, members, shareholders, directors, managers, and attorneys.

Usage of JAMS Streamlined or Comprehensive Arbitration Rules and Procedures; Arbitrator to Decide All Issues; Arbitrator’s Decisions Are Final and Binding. Either party shall initiate arbitration under either the JAMS Streamlined or Comprehensive Arbitration Rules and Procedures (which are currently available for review at https://www.jamsadr.com/adr-rules-procedures/). The arbitrator (and not a court) shall decide all issues in any covered dispute including, but not limited to, issues regarding the non-availability of class arbitration, timeliness, scope of arbitrator’s authority, arbitration procedures, any issues regarding arbitrability of the parties’ dispute, statute of limitations, and all other issues regarding the application, interpretation, and implementation of this EULA. The arbitrator’s decisions shall be final and binding. The parties agree that a court of competent jurisdiction shall have the authority to enter a judgment upon the award made by the arbitrator or to confirm an arbitration award, and any such proceeding shall not itself be deemed a covered dispute.

Selection and Authority of Arbitrator; Full Remedies Available; Enforceability. The parties agree that a single arbitrator shall be selected by the parties consistent with the applicable JAMS Rules and Procedures as they exist at the time of the EULA’ execution. To the fullest extent permitted by law, the arbitrator shall have the power and authority to award any remedy or relief available under applicable law and shall be the sole authority to interpret and apply the provisions of this EULA. The arbitrator shall have the authority to apply any federal, state, local, or municipal law, or executive order, or any common law that the Arbitrator deems applicable to the covered dispute. If there are any ambiguities in this EULA, it is the parties’ intent that all ambiguities be resolved in favor of arbitration. If any provision of this Arbitration Agreement is unenforceable, the remainder of this Arbitration Agreement shall remain in full force and effect.

Class and Collective Action Waiver; No Consolidated or Joint Actions. The parties agree that all covered disputes brought against each other will be arbitrated on an individual basis only and not in a class action arbitration, a collective action arbitration, or on any other group, representative, consolidated, or joint basis. The arbitrator shall have no authority to consider or resolve any covered dispute or any claim or issue in a covered dispute on any basis other than on an individual basis and may not proceed or direct the parties to proceed on a class or collective action basis or consolidate or join one or more covered disputes pertaining to you with any other individual’s or entity’s covered dispute(s). The provisions in this Arbitration Agreement mean that both parties waive their right to commence, become a party to, or in any way participate in any class action, collective action, or group or representative action or claim against the other party or in any such action or claim consolidated or joined with another party, with respect to any covered dispute, and each party agrees to opt-out of or be severed from any such action or proceeding.

Fees, Award. The parties agree that they shall share equally (each pay one-half) the fees and costs of the arbitrator and the fees and costs of arbitration charged by JAMS; except that: (i) in all cases where required by law, OSF will pay the full amount of the arbitrator’s and JAMS arbitration fees and costs; and (ii) where the arbitrator determines that it is appropriate or necessary based on your financial resources, OSF shall pay more than one-half, in an amount to be determined by the arbitrator as fair and equitable. Each party shall bear the cost of his/her/its own legal fees and costs, including but not limited to attorneys’ fees and expert witness fees, subject to any right to recover such fees and costs under applicable law, which the arbitrator shall apply where applicable. In rendering an arbitration award, the arbitrator shall apply applicable and appropriate law and shall award all statutory remedies and penalties, including attorneys’ fees and costs to the extent authorized by and consistent with law. The award shall be in writing and the arbitrator shall set forth the essential findings of fact and law. Either party may request that a transcript and/or recording of the hearing be made.

Disclaimer and Limitation of Liability

WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. THE SERVICE IS PROVIDED BY OSF ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SERVICE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SERVICE. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WE ARE NOT RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE, CONTENT OR ANY OTHER INFORMATION CONTAINED WITHIN THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE, CONTENT OR ANY OTHER INFORMATION CONTAINED WITHIN THE SERVICE, IS TO STOP USING THE SERVICE. YOU HEREBY WAIVE ANY CLAIMS YOU MIGHT HAVE AGAINST OSF ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY INFORMATION OR CONTENT PROVIDED IN THE SERVICE.

Some states do not allow the disclaimer of certain warranties or limitation of certain liabilities so the foregoing disclaimers and warranties may not apply to you.

Any claims arising in connection with your use of the Service or any Content must be brought within one (1) year of the date of the event giving rise to such action that occurred.

Updates to the EULA and Privacy Policy

OSF’s Right to Update the EULA and/or Privacy Policy. The Effective Date of this EULA is set forth at the top of this webpage. OSF reserves the right, at our discretion, to change, modify, add or remove portions of this EULA and our Privacy Policy at any time by posting the amended EULA or Privacy Policy on the Service. You may also be given additional notice, such as an email message or messaging within the Service, of any changes. We encourage you to return to this webpage frequently so that you are aware of our current EULA. Your continued use of the Service after the Effective Date constitutes your acceptance of the amended EULA. The amended EULA supersede all previous versions.

Disagreement With EULA and/or Privacy Policy. If at any time you do not agree to any provision of the then-current version of our EULA or the Privacy Policy, your right to use the Service will immediately terminate, and You must immediately stop using the Service.

Miscellaneous

Governing Law. This EULA shall be governed by the laws of the State of Illinois, and you agree to submit to the exclusive jurisdiction of the courts of Peoria County, Illinois, USA in respect of any disputes arising under or in connection with this EULA.

Compliance with Laws. You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Service and any Service-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.

Equitable Relief. We reserve the right to seek all remedies available at law and in equity for violations of this EULA, including the right to remove your account and any contents generated by you on the Service, block your access to the Service, or block IP addresses.

Severability. If any provision of this EULA is held to be unenforceable, the remaining EULA shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

No Waiver. No waiver by us of any term or condition set forth in this EULA shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of this EULA shall not be construed as a waiver of any right.

How to Contact Us

If you have any questions, comments or notices regarding this EULA, please contact us at kyle.t.formella@jumpsimulation.org or Meghan.Genzel@osfhealthcare.org