1. The Third-Party Administrator, Consortium (“C/TPA”) manages all, or part, of an employer's Department of Transportation (“DOT”) drug and alcohol testing program, sometimes including maintaining required testing records. C/TPA performs tasks as agreed to by the employer to assist in implementing the drug and alcohol testing program and to help keep the employer compliant with the DOT/FMCSA Drug and Alcohol Testing rules and regulations.
2. Med-Stop web application (“Med-Stop App”) is the online management system for drug, alcohol and occupational medical tests, integrated with the Med-Stop MRO service and laboratory result processing. The Med-Stop App covers employee compliance management, random selection programs and stands in full compliance with the DOT regulations.
Med-Stop and C/TPA hereby agree to the terms and conditions set forth as follows:
I. Terms and Conditions
1. C/TPA, acting on behalf of a DOT/FMCSA-regulated business entity, represents and warrants to Med-Stop that it has all the necessary 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 C/TPA a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right, to access and use the Med-Stop App.
3. C/TPA confirms the knowledge of the Med-Stop App.
4. C/TPA is responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to Med-Stop App and is fully responsible for all activities that occur under the C/TPA assigned accounts.
5. Med-Stop and C/TPA recognize and agree that federal, state, and local laws apply to the services covered herein. Med-Stop App is designed to perform according to regulations established and governed by the DOT.
6. If during the term of this agreement the DOT regulations change, Med-Stop, if possible, will adjust the Med-Stop App to comply with the updated requirements. If the required changes are beyond Med-Stop capacity, C/TPA and/or Med-Stop may terminate this agreement.
7. Med-Stop cannot be held liable to any non-compliance rulings or citations against C/TPA or C/TPA managed employers for any reason including the use or misuse of the Med-Stop App.
8. Med-Stop App fees are regulated by the separate contract with C/TPA and are not specified in this agreement. All Med-Stop fees are nonrefundable. In the event that full payment of any or all fees due to Med-Stop under this C/TPA contract has not been received by Med-Stop within 14 days of the date payment is due, Med-Stop will notify C/TPA of the delinquent fees. If the delinquent fees 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. C/TPA consents to receive electronic, fax communication from Med-Stop. C/TPA agrees that alerts, notices, agreements, disclosures, statements, or other messages that Med-Stop sends to C/TPA electronically or by fax will satisfy legal communication requirements, including that such communication is in writing.
C/TPA 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, actions by C/TPA or anyone allegedly acting on behalf of or with the authority of C/TPA in violation of this agreement or while C/TPA is using Med-Stop C/TPA Services.
III. No Class Action
C/TPA 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 C/TPA 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. C/TPA expressly agrees that the use of the Med-Stop App is at C/TPA’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 C/TPA 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. C/TPA 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 C/TPA, the limitations will apply to C/TPA 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. C/TPA will be notified about such modifications by the alert in the Med-Stop App. The modified version of this agreement will be available to C/TPA in the Med-Stop App. C/TPA’s continued use of the Med-Stop App after the effective date of any change to this agreement will be deemed acceptance by the C/TPA to the modification.
1. C/TPA may terminate this agreement at any time by notifying Med-Stop of such termination via Med-Stop App support form or by faxing the agreement termination form to the Med-Stop fax number. C/TPA remains responsible for all outstanding balances owed to Med-Stop.
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. C/TPA will be notified by Med-Stop agreement termination form faxed to the main C/TPA fax number or emailed to the main C/TPA email address.
3. This agreement will be terminated if C/TPA does not accept the modifications of this agreement or pay any outstanding balances in accordance with the terms of this agreement.
4. The C/TPA account can be suspended and/or the agreement terminated if C/TPA has past-due, outstanding Med-Stop App fees older than 28 days.
5. Termination of C/TPA account will include denial of access to Med-Stop App, deletion of all data in C/TPA account.