Terms of use | Trimedx

Trimedx Holdings, LLC and its affiliates (“Trimedx”, “we,” “us,” or “our”) provide this website (the “Website”) to offer information about Trimedx’s clinical asset management programs for the healthcare industry and for general information purposes. By utilizing the Website, you agree to these “Terms of Use” and the Trimedx Privacy Policy (“Privacy Policy”), so you should review them carefully. These Terms of Use and the Privacy Policy may be changed from time to time, without notice except for posting to the Website, at Trimedx’s sole discretion. Please check these Terms of Use and the Privacy Policy for any such changes. Your continued access of the Website shall constitute acceptance of any modified Terms of Use or Privacy Policy. If you do not agree with these Terms of Use or Privacy Policy, you must not use the Website. Trimedx has the right to determine whether there has been a violation of the Terms of Use and has the right to determine the action that will be taken in response to a violation, including, but not limited to, legal proceedings.

IMPORTANT ARBITRATION NOTICE: These terms and conditions require that most disputes between you and Trimedx must be resolved in arbitration, rather than in court, and include a class action waiver. This means you and Trimedx are giving up the right to have a judge and jury decide disputes between us and that you are giving up the right to bring, join, or participate in class actions. Pretrial discovery and the ability to appeal are more limited in arbitration than in court. You have a time-limited right to opt out of the individual arbitration requirement. See the “Governing Law; Dispute Resolution; Class Action Waiver” Section below for full details.

1. Information disclaimer

The information contained on, or accessible through, the Website is provided by Trimedx on an “as-is” basis. Trimedx disclaims any warranty or representation, express or implied, statutory or otherwise, about its accuracy, reliability, completeness, or appropriateness for a particular purpose, to the fullest extent permitted by law. You assume full responsibility for using and verifying the information on the Website, you utilize the Website at your own risk, and you understand and agree that Trimedx is not liable for any claim, loss, or damage resulting from use of or inability to use the Website.

The views and opinions expressed in media available on the Website are those of the speakers or authors and do not necessarily reflect Trimedx’s views or opinions.

2. Use of the website

The information on the Website is offered solely for general information purposes. The Website may be used only for lawful purposes.

Without limiting the foregoing, you agree not to (and not to permit or encourage any third party to) misuse or attempt to misuse the Website, including by: interfering with, or disrupting any part of the Website, or distributing viruses, worms, Trojan horses, or other disabling code; using any robot, spider, scraper, or other automated means to collect data or information from the Website; circumventing any security measures of the Website; or submitting any misleading, inaccurate, illegal infringing, or fraudulent data or information.

You agree to defend and indemnify us from any claims related to or arising from your use of the Website, including any breach of these Terms of Use. Trimedx may, in its reasonable discretion, suspend your right to use the Website if your use the Website poses a security risk or may adversely affect the Services, or if you violate these Terms of Use

Please complete the contact page to request additional information and/or to be contacted by a member of the Trimedx team.

3. Links to third-party sites and related Trimedx sites

Some hyperlinks in the Website may take you outside of the Website or link to articles, videos, other third-party media (“Linked Sites”), or to social media platforms such as LinkedIn or Facebook (“Social Media”). The presence of a hyperlink to another website does not indicate any endorsement or approval of goods or services offered by the company or through the linked website. The Linked Sites and Social Media are not under Trimedx’s control. Trimedx is not responsible for the content on Linked Sites or Social Media, any hyperlinks contained in Linked Sites or Social Media, any changes or updates to such Linked Sites or Social Media, of the privacy practices of such Linked Sites or Social Media.

These Terms of Use and Privacy Policy do not apply to such third-party websites. Please note accessing Linked Sites or Social Media may enable data collection and sharing based on the applicable third-party policies. Trimedx encourages you to read such applicable policies. Trimedx may gain access to information made available via such Linked Sites or Social Media. You are responsible for restricting access to information via Linked Sites and Social Media using the available controls on such third-party platforms.

Other hyperlinks may take you outside of the Website to other sites or platforms under Trimedx’s control, such as the link on the Careers page, and such sites are subject to the policies and terms and conditions as set forth herein above and/or on such site or platform. Trimedx encourages you to read such applicable policies and/or terms and conditions.

4. Intellectual property rights

All rights, title, and interests in and to any intellectual property published on the Website, and any documentation downloaded or printed from the Website, are owned by Trimedx and no rights are licensed or otherwise transferred by such publication or your access thereto. All rights in content, trademarks, service marks, logos, and otherwise are reserved to Trimedx. Your use of such items for any reason without Trimedx written permission is strictly prohibited.

You hereby grant to us a non-exclusive, royalty-free right and license, under all intellectual property rights, to access and use any information or data that you submit through our Website to Trimedx for our internal business purposes.

If you submit feedback or suggestions, we may use such feedback and suggestions and you hereby grant to us a perpetual right to use such feedback and suggestions for any purpose without limitation or compensation to you.

If you, on the other hand, believe your copyright has been infringed by a publication through the Website, please visit Trimedx’s Copyright Notice Page.

5. Disclaimer

TRIMEDX DOES NOT WARRANT THAT FUNCTIONS AVAILABLE ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHERWISE SAFE FOR USE. THE WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED HEREIN OR ANY WEBSITE-RELATED SERVICE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, WEBSITE-RELATED SERVICES, AND ANY LINKED SITES, SOCIAL MEDIA, AND LINKED TRIMEDX SITES.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you if you reside in such jurisdiction.

6. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRIMEDX OR ITS AFFILIATES, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, DIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS ARISING OUT OF OR RELATED TO THE WEBSITE.

7. Legal notices

Notices to Trimedx should be sent to:

Trimedx Holdings, LLC
Attn: General Counsel, Chief Compliance Officer
5451 Lakeview Parkway South Drive
Indianapolis, Indiana 46268

8. Governing law

These Terms shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule, provided however that the Arbitration Agreement below in the Dispute Resolution Section shall be governed by and enforced pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”). For any dispute that is not subject to the Arbitration Agreement herein, the parties hereby submit to and consent to the jurisdiction of the State of Indiana and agree that such litigation shall be conducted in the courts of Marion County, Indiana, or the federal courts for the United States for the District of Indiana.

9. Class action waiver

To the fullest extent authorized by applicable law, for any case not subject to the requirement to arbitrate (except to the limited extent discussed below for Coordinated Filings), even if you opt out of the requirement to arbitrate Disputes, you and Trimedx will only bring Disputes between you and Trimedx in an individual capacity and shall not: (i) seek to bring, join, or participate in any class or representative action, collective or class-wide proceeding, or any other action where another individual or entity acts in a representative capacity (like private attorney general actions); or (ii) except insofar as agreed to under these Terms in the Dispute Resolution Section below addressing Coordinated Filings, consolidate or combine individual proceedings or permit another to do so without the express consent of all parties.

10. Dispute resolution

Most disputes can be resolved quickly and amicably by contacting Trimedx customer support via email, writing, calling, or SMS. For disputes that are not easily resolved or where we need a neutral third-party to decide them, this Section explains the rules of how you and Trimedx will resolve those disputes, claims, or controversies, including (where applicable) by Binding Individual Arbitration.

PLEASE READ THIS SECTION CAREFULLY. THIS AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT. THE ARBITRATION TERMS IN THIS SECTION SHALL NOT APPLY TO THE EXTENT THAT THEIR INCLUSION WOULD MAKE THESE TERMS OF USE VOID.

Disputes. To the fullest extent authorized by applicable law, this agreement applies to any “Dispute” between you and Trimedx. “Dispute” means any dispute, claim, or controversy (excluding those exceptions listed below) between you and Trimedx that arise out of your interactions and/or relationship with Trimedx (e.g., your use of the Services) whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either of us seeks legal recourse, including the validity, enforceability, or scope of this agreement to arbitrate or any portion of it. Where these Terms of Use have been accepted by the parent or guardian of a minor asserting a claim against Trimedx, or if Trimedx has a claim against the minor child of a parent or guardian who has accepted these Terms of Use, the requirement to arbitrate will apply to the claims by or against the minor.

The only exceptions to this arbitration requirement are: (i) claims that are properly brought as individual actions in a small-claims court in the county where you reside or in Marion County, Indiana; (ii) pursuit of authorized enforcement actions through a government agency; (iii) an action to compel or uphold any prior arbitration decision; (iv) your or Trimedx’s right to seek injunctive relief in a court of law to preserve the status quo while an arbitration proceeds; (v) claims of intellectual-property infringement; (vi) claims that are the subject of a class action settlement from which you have opted out of the settlement class; and (vii) the enforceability of the requirement that arbitrations must be conducted on an individual rather than a class basis.

Informal Resolution. If you have a Dispute against Trimedx or if Trimedx has a Dispute against you, you and Trimedx will attempt to resolve the Dispute informally before an arbitration is filed in order to resolve the Dispute faster and reduce costs for both parties. You and Trimedx will make a good-faith effort to negotiate the resolution of any Dispute for at least 30 days (“Informal Resolution”) from the day you or Trimedx receive a written notice of a dispute from the other party (a “Notice of Dispute”) in accordance with these Terms of Use.

You must send any Notice of Dispute by email or via U.S. mail to both of the following addresses: Trimedx Holdings, LLC, Attn: General Counsel, Chief Compliance Officer, 5451 Lakeview Parkway South Drive, Indianapolis, Indiana 46268; email: art.fisher@trimedx.com.

Trimedx will send any Notice of Dispute to your registered email address and ATTN: NOTICE OF DISPUTE to the email address and any mailing address you have provided Trimedx. The Notice of Dispute sent by either party must include the sender’s name, address, and other contact information, a description of the Dispute (including any relevant account names), and what resolution to the Dispute is being sought.

The Notice requirement is designed to allow Trimedx (or you, in the case of a dispute Trimedx asserts against you) to make a fair, fact-based offer of settlement if Trimedx or you choose to do so. You and Trimedx cannot proceed to arbitration unless this information has been provided. In the event of a dispute between you and Trimedx over whether a Notice of Dispute complied with these Terms of Use, including whether a Notice of Dispute was delivered or contained all required information, such dispute will to be decided by a court, not an arbitrator. A court may enjoin the filing of an arbitration demand that has not been preceded by a compliant Notice of Dispute and may order a party that has filed an arbitration demand without having provided a compliant Notice of Dispute to reimburse the other party for any arbitration fees and costs already incurred.

Mandatory Binding Individual Arbitration. Except as expressly provided below, and to the fullest extent authorized by applicable law, you agree that any dispute, claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity or any other legal theory) between you and Trimedx (whether arising out of or relating to past, present or future acts or omissions) (“Claims”) shall be exclusively resolved by binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”). Under no circumstances does Trimedx consent to have any Disputes arbitrated using class action procedures, even if the arbitration provider has rules permitting class arbitrations.

“Arbitration” means that Disputes between you and Trimedx will be resolved by a neutral arbitrator instead of in a court by a judge or jury.

“Individual” means that the arbitrator may award the same remedies to you or to Trimedx as a court could, but only to satisfy your or Trimedx’ individual claims. To the fullest extent allowed by applicable law, the arbitrator may not award money or other relief for the benefit of any person other than you or us as part of the resolution of any Dispute.

“Binding” means that both you and Trimedx will have to live with the arbitrator’s decision, except to the limited extent appeals to a court are permitted under the FAA. As limited by the FAA, these Terms of Use, and the rules applicable to the arbitration, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but (as provided above) only to the extent necessary to provide relief to a party in arbitration warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.

Waiver of Jury Trial. Each party waives its constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration all Claims.

Opt-out. You may opt out of this Arbitration Agreement, but not the class action waiver, if you send Trimedx a signed, written opt-out notice within thirty (30) days of your initial visit to the Services. Once the 30-day period has expired, you may only opt-out of future material changes to the Mandatory Binding Individual Arbitration by sending written notice within thirty (30) days after Trimedx provides notice of those changes (unless a longer period is required by applicable law). Any opt-out notice shall be sent to Trimedx at: Trimedx Holdings, LLC, Attn: General Counsel, Chief Compliance Officer, 5451 Lakeview Parkway South Drive, Indianapolis, Indiana 46268.

To be valid, the opt-out notice must be sent to Trimedx from the individual who wants to opt-out (or that individual’s parent or guardian) and include (a) the opting-out individual’s full name, mailing address, and email address, (b) a clear statement that the individual wants to opt-out of the Binding Individual Arbitration, or wants to opt-out of a material change to the Binding Individual Arbitration, as applicable, and (c) the opting-out individual’s signature (or the signature of the that individual’s parent or guardian, if the individual is a minor). If opting-out of a material change, the notice must also identify the specific material change of which you want to opt-out. An opt-out notice applies only to the Binding Individual Arbitration; all other parts of these Terms (including the class action waiver) will still apply to the opting-out individual and Trimedx, to the fullest extent allowed by applicable law. Further, an opt-out notice is prospective only and does not revoke or otherwise affect any previous agreement to the Binding Individual Arbitration requirement. By opting out of a material change to the Binding Individual Arbitration, you agree to arbitrate any Dispute that arose prior to the opt-out in accordance with the language of the last version of the Binding Individual Arbitration that you accepted.

Small Claims Not Subject to Arbitration. Either party may bring individual Claims in small claims court either in the county where you reside or in Marion County, Indiana.

Arbitration Provider. For all Disputes not resolved by Informal Resolution process above, the complaining party will initiate arbitration before National Arbitration and Mediation (“NAM”), https://namadr.com, or any successor to NAM which is an alternative dispute resolution provider (“ADR Provider”).

Arbitration Procedures. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator. You will send a copy of any Demand for Arbitration by email and via U.S. mail to the following addresses: Trimedx Holdings, LLC, Attn: General Counsel, Chief Compliance Officer, 5451 Lakeview Parkway South Drive, Indianapolis, Indiana 46268; email: art.fisher@trimedx.com. Trimedx will send any Demand for Arbitration to the email address and to any mailing address you have provided to Trimedx.

The arbitration will be conducted by a single arbitrator with experience resolving similar Disputes. The arbitrator will apply this Section and all other applicable contractual terms as a court would and will adjudicate any Disputes according to applicable law and fact based only upon the record before the arbitrator.

Arbitration Rules. The arbitration will be conducted under the then-prevailing NAM Comprehensive Dispute Resolution Rules and Procedures (“Arbitration Rules”). Instructions for filing a Demand for Arbitration with NAM are available on the NAM website. The arbitrator shall permit Trimedx and You to file a dispositive motion(s) to determine threshold issues, such as arbitrability and whether the Demand for Arbitration states a claim for which relief may be granted. The rules of the ADR Provider will govern all aspects of the arbitration, except to the extent such rules are in conflict with this Arbitration Agreement.

Arbitration Location. For Disputes in which the claimant seeks less than $10,000, the arbitrator will decide the matter solely on the basis of written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For matters in which the claimant seeks $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required, then it will take place in Marion County, Indiana, unless the claimant primarily resides outside the United States (in which case the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings).

Fees. Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules (the “Rules”).

Arbitrator’s Authority and Award. The arbitrator will decide the rights and liabilities, if any, of the parties, and, except as expressly provided below, the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall permit Trimedx and You to file a dispositive motion(s) to determine threshold issues, such as arbitrability and whether the Demand for Arbitration states a claim for which relief may be granted, and the arbitrator will have the authority to grant motions dispositive of all or part of any Claim. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Trimedx to satisfy one of our individual claims (that the arbitrator determines are supported by credible relevant evidence). The arbitrator will issue a written award and reasoned statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. Any award will be subject to judicial confirmation or entry in any court having jurisdiction. Except as expressly provided below, an arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself.

Coordinated Filings. If 25 or more Disputes are initiated with the arbitrator that raise similar claims, and counsel for the claimants are the same or coordinated, these will be considered “Coordinated Cases.” Trimedx will pay only its share of arbitration fees for Coordinated Cases; the claimants will be responsible for their share of those fees as set by the Rules and the NAM fee schedule for mass arbitrations. Applicable statutes of limitations will be tolled for all claimants who have provided compliant Notices of Dispute to Trimedx until, under these Terms of Use, the claimant’s Coordinated Case may be filed in arbitration or court.

Demands for arbitration in Coordinated Cases shall only be filed with the arbitration provider as permitted by the bellwether process set forth below, and Trimedx shall not be required to pay any fees associated with cases that this agreement does not allow to be filed.

Once all Notices of Dispute have been provided to Trimedx for Coordinated Cases, counsel for claimants and counsel for Trimedx shall confer in good faith regarding the number of cases that will be filed as bellwethers, to allow each side to test the merits of its arguments, before the remainder of claims may be filed with the arbitration provider. Any number chosen must be an even number so as to allow each side to designate its half of the cases selected for bellwether trials. If counsel for claimants and for Trimedx do not agree on the number of bellwethers, the number shall be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider’s discretion, by a process arbitrator). Factors that the arbitration provider may consider in making this decision include the complexity of the dispute and differences in facts or applicable laws among various claims. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen claims may be filed with the arbitration provider. You agree that if your case is among Coordinated Cases but not one of the bellwether cases filed against Trimedx, resolution of your personal claim might be delayed by this bellwether process. Nothing in this paragraph shall be construed to delay the resolution of uncoordinated Disputes based on similar claims to Coordinated Cases filed against Trimedx.

A single arbitrator shall preside over each Coordinated Case chosen for a bellwether proceeding, and only one Coordinated Case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.

Once all bellwether trials have concluded (or sooner if the counsel for the claimants in the Coordinate Cases and Trimedx agree), the parties must make a good-faith effort to resolve all remaining cases that were not chosen for a bellwether proceeding by engaging in a single mediation of all remaining cases. Each side shall pay half the applicable mediation fee. Counsel for claimants in the Coordinated Cases and for Trimedx must agree on a mediator within 30 days after the conclusion of the last bellwether trial. If counsel for claimants in the Coordinated Cases and for Trimedx cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. Counsel for the claimants in the Coordinated Cases and for Trimedx will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed. If the mediation does not yield a global resolution, then claimants in Coordinated Cases who provided compliant Notices of Dispute but whose claims were not resolved in bellwether proceedings shall no longer have the right to arbitrate their Dispute. Instead, outstanding claims from such cases may be filed only in the state courts in Marion County, Indiana or if federal jurisdiction exists, in the United States District Court for the District of Indiana and you consent as part of these Terms to venue such cases exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or Trimedx from removing a case from state to federal court if removal is allowed under applicable law. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and Trimedx reserves the right to contest class certification at any stage of the litigation and on any available basis.

A court shall have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.

Continuation in Effect. The dispute resolution process set forth in this agreement survives the termination of any other agreement between you and Trimedx.

Future Terms Changes. Although Trimedx may revise these dispute resolution terms in its discretion, Trimedx does not have the right to alter this agreement, or the arbitration rules specified herein, with respect to any Dispute once that Dispute arises if such change would make arbitration procedures materially less favorable to the claimant. The question of whether a change is materially less favorable to the claimant shall be decided by the arbitration provider as a process matter.

Notice and Filing. To the fullest extent permitted by applicable law, you or Trimedx must start arbitration of a Dispute within one (1) year from when the Dispute first arose. If applicable law requires you or Trimedx to bring a claim for a Dispute sooner than within one (1) year after the Dispute first arose, that shorter deadline applies instead. The failure to begin arbitration regarding a Dispute within the time frames described above in this section shall bar the Dispute, which means that to the fullest extent permitted by applicable law, you and Trimedx will not have the right to assert the Dispute.

Governing Law. This Arbitration Agreement is governed by the FAA and federal arbitration law.

Confidentiality. All aspects of the arbitration proceeding, including but not limited to, the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.