This eForms Services Schedule (“Service Schedule”) supplements and is incorporated by reference into the Master Services Agreement https://thinkresearch.com/ca/company-overview/msa. This Service Schedule and its Attachments are effective so long as there is an active Order Form. Unless otherwise defined in this Service Schedule, capitalized terms will have the meaning given to them in the Agreement.
- Consent.
- The Customer shall obtain any required patient consents or authorizations from individuals necessary under applicable U.S. federal and state law for the Customer to submit any personally identifiable information (“PII”) to Think Research and for Think Research to use such PII for purposes of its performance under the Agreement. The Customer’s transmittal or submission, or provision of access by Think Research to such PII constitutes a representation by the Customer to Think Research that such transmittal, submission, or provision of access complies with all applicable U.S. federal and state law.
- Think Research shall immediately notify Customer in writing of any actual or suspected incident or breach involving PII, including without limitation any actual or suspected unauthorized use or disclosure of PII. Think Research agrees to cooperate with Customer in Customer’s handling of such matter.
- Acknowledgment. The Customer acknowledges and agrees that the Services is not intended to provide, or be the basis for, or otherwise contribute in any manner to the development of, any treatment recommendations for individual residents or groups of residents.
- Forms. Notwithstanding any other provision of this Agreement, the Customer acknowledges and agrees that Think Research has developed the specific eForms to be used by the Customer at the request of the Customer using one or more admission agreements provided by the Customer (the “Customer Forms”), and that Think Research makes no representation or warranty, and disclaims all liability, in respect of (1) the content of any Customer Forms including, without limitation, any admission agreement entered into between the Customer or any affiliate of the Customer and any patient, resident or customer of the Customer or such affiliate of the Customer (each, an “Admission Agreement”), (2) the enforceability of any Admission Agreement by any party thereto, and (3) the compliance of Customer Forms, including without limitation any Admission Agreement, and the execution thereof with all applicable laws and regulations of any jurisdiction including, without limitation, the Electronic Signatures in Global and National Commerce Act and all similar laws and regulations. The Customer hereby indemnifies, releases and forever discharges Think Research Parties of and from all manner of claims whatsoever both in law and in equity against the Think Research which the Customer ever had, now has or hereafter can, shall or may have for or by reason of the use of or omission to use the Services (including any Third Party Application), as the case may be, or any eForm or software tool or any other product of Think Research Parties or any Third Party Provider.
