Terms of Service

Agreement#

These terms are between EMAR GATOR(“we”) and the organization that subscribes to eMarGator(the “customer”), and they also apply to each person the customer authorizes to use it. Using eMarGator means accepting them. A signed agreement with a customer controls wherever it says something different.

The service#

eMarGator is software for care provider agencies and group homes covering medication administration, staff scheduling, care information, and pharmacy coordination. It is a record-keeping and coordination tool. It does not provide medical advice and it does not replace clinical judgment. Decisions about care are made by qualified people, not by this software.

Accounts#

Accounts are issued by the customer to its own staff. Credentials are personal and must not be shared. The customer is responsible for who it authorizes, for removing access when someone leaves, and for what happens under its accounts. Tell us at support@emargator.com if you believe an account has been compromised.

The customer’s data#

The customer owns its records. We process them to provide the service, on the customer’s instructions, and under our agreement with them — including a business associate agreement where HIPAA applies. The customer is responsible for having the right to put that information into the system and for its accuracy. See our Privacy Policy.

Acceptable use#

Do not:

• use eMarGator to break the law or to violate anyone’s privacy rights;
• try to access accounts, homes, or records you have not been given access to;
• probe, scan, or attack the service, or interfere with anyone else’s use of it;
• copy, resell, or reverse engineer the software;
• upload malicious code.

Text messages#

Scheduling text messages are optional and go only to staff who opt in themselves. The SMS Terms govern that program.

Our intellectual property#

The software, the eMarGator name, and the marks on this site are ours. A subscription grants the right to use the service during its term, and nothing more. Feedback you send us we may use freely.

Availability#

We work to keep eMarGator available and will give notice of planned maintenance where we can, but the service is provided as is, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted or error-free operation. Where a subscription agreement states a service commitment, that agreement controls.

Limitation of liability#

To the fullest extent the law allows, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost data, arising out of these terms. Our total liability is limited to the fees the customer paid us in the twelve months before the claim. Nothing here limits liability that cannot be limited by law.

Termination#

A customer may stop using the service at any time under its subscription agreement. We may suspend or end access for a material breach of these terms, or where continuing would put other customers or their records at risk, with notice where practical. On termination the customer can export its data for the period the subscription agreement provides.

Changes#

We may update these terms. The date at the top changes when we do, and we will notify customers directly of material changes. Continued use after a change means acceptance.

Governing law#

These terms are governed by the laws of the State of Michigan, without regard to its conflict-of-law rules, and disputes belong in the state or federal courts sitting in Michigan.

Contact#

EMAR GATOR
24790 Sussex St
Oak Park, MI 48237
support@emargator.com