million dollar guarantee terms conditions
TigerConnect $1 Million Guarantee
(Last reviewed June 14, 2018)
TigerConnect, Inc. (the “Company”) will pay up to $1,000,000 of civil penalties (the “Guarantee”) imposed by the U.S. Department of Health & Human Services’ Office for Civil Rights (“OCR”) on any paying customer of the Company (“Customer”) because OCR determined, via a final ruling, that the use of Company’s secure messaging services (the “Services”) in accordance with the Company’s Terms of Use, License, Privacy Policy and other documentation, including but not limited to subscription agreements, statements of work, user instructions, compliance manuals, white papers and other documents is, per se, a breach of the Technical Safeguards of the Security Rule (the “Rule”), as set forth in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Under no circumstances shall the Guarantee cover Customer’s breach of the Privacy Rules set forth in HIPAA or any other law or regulation relating to the privacy of electronic information.
The Guarantee is valid only with respect to violations of the Rule that are made known to the Company within thirty (30) days from the date that Customer is first notified of the violation and for which the Company is given a reasonable opportunity to mitigate in accordance with the Company’s standard HIPAA compliance procedures.
In addition to the restrictions set forth above: Customers must be compliant in all respects with their responsibilities and obligations under their agreement for use of the products and services including, but not limited to, remaining current at all times with respect to monies owed to the Company; Customers must allow only authorized users to use the Services and access Customer accounts; Authorized Users may not intentionally attempt to Breach HIPAA rules or be negligent or reckless in their actions; the Company must be given the opportunity to actively participate in the OCR investigation; Customers must take reasonable steps to avoid OCR penalties, including but not limited to complying fully with OCR investigations, findings, compliance, and corrective actions. The Company reserves the right to disqualify any Customer if, in the Company’s sole discretion, it reasonably believes that the Customer has attempted to undermine the legitimate operation of this Guarantee.
This Guarantee shall be governed by, subject to, and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Guarantee are hereby excluded, and all Customers expressly waive any and all such rights. By seeking the protection of this Guarantee, Customer agrees that any dispute, claim, or demand related in any way to the Guarantee will exclusively be decided by binding arbitration. All disputes between Customer and the Company of whatsoever kind or nature arising out of this Guarantee, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the Los Angeles, California, USA, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
