ASLIS Portals and the ASLIS Platform are owned and operated by ASL Interpreting Services, Inc., a Minnesota corporation (“ASLIS”) for the use and benefit of our clients, consumers, customers, and interpreters. ASLIS reserves the right to restrict portal access to anyone for any reason. ASLIS reserves its right to modify the following terms and conditions as published online at ASLIS’s website: https://www.aslis.com, from time-to-time in its sole discretion.
NOTICE: Access and Use of Your Consumer Account on the ASLIS Platform is acceptance of the following Terms and Conditions of Use of the ASLIS Platform and Your consent to the Disclaimer and Limitations of Liability set forth herein. You are free to cancel Your Consumer Account at any time by giving a Notice of Cancellation in writing to ASLIS.
Contents
- Purpose of the Deaf Consumer Account
- Who is granted access to Your Consumer Account
- Requesting access to Your Consumer Account for Your minor children
- How Your Preference Lists are used
- Inappropriate uses and consequences of
Purpose of the Deaf Account
The Deaf Consumer Account (“Consumer Account”) is provided by ASLIS for the express purpose of allowing consumers of our interpreter services (“Consumers,” or “You or “Your” as applicable) to visually see relevant information relating to their appointments and scheduling of interpreters, and access to resources provided by ASLIS. The appointments listed on Your Consumer Account are only those appointments in which You are named as a Consumer. Reasons why any given appointment may not be displayed in Your own list are, including but not limited to:
a.) if You are not a named Consumer;
b.) for public events;
c.) if the appointment is scheduled with a different agency; or
d.) ASLIS never received the request for interpreter services.
The appointments list in Your Consumer Account is not meant to replace Your own calendar with scheduled events. It is being provided as a matter of convenience to You. If You see an error (such as an appointment listed at 1pm on Your Appointment List is actually at 2pm) please notify ASLIS as soon as possible so we can clarify the correct appointment time.
Access and Use of Deaf Consumer Account
Subject to the terms and conditions of this Terms and Conditions Agreement (“T&C Agreement”), ASLIS will provide to its Consumers access and use to their Consumer Account and its portal.
Who is granted access to Your Consumer Account
You are required to provide a valid and confirmed email address to sign up for a Consumer Account with ASLIS. Once Your identity is confirmed only that email address provided and its unique password will have access to Your Consumer Account. Securing and maintaining Your email address and current password is Your responsibility. Only You will have access to Your Consumer Account; however, if You choose to share access (via Your email and password) to Your Consumer Account with a family member or another person other than You, You are responsible for their compliance with all terms and conditions of this T&C Agreement. Further, You agree on Your own behalf, and behalf of anyone You provide access to Your Consumer Account, to release and hold ASLIS harmless from any and all liability, damage, expense (including, but not limited to, reasonable attorney fees), losses arising from or related to any unauthorized disclosure and use of any private, confidential or other information contained in Your Consumer Account. ASLIS’s policy is that it will not provide Your family members or agents to access to Your account. If You think Your information has been compromised, please contact ASLIS and we will block access to Your Consumer Account.
Requesting access for Your minor children to Your Consumer Account
You, as the Consumer, may request access to interpreter appointments scheduled for Your minor children, that is for children under the age of 18. ASLIS does not permit minor children under the age of 16 years to have their own Consumer Account.
Notification of Any Known Misuse of Your Consumer Account.
While Your Consumer Account is active, You agree to notify ASLIS immediately if You have knowledge of a breach of the restrictions on the access and use of Your Consumer Account or misuse of Your Consumer Account or the information contained therein. In such instance, ASLIS reserves its right to terminate or cancel Your Consumer Account or to open a new Consumer Account for You, as ASLIS determines in its sole discretion is appropriate given the breach or misuse of the Consumer Account or the information contained therein.
How Your Preference Lists are used
ASLIS’s founding principal is to honor the preference of the Deaf person first. Some hiring entities (such as hospitals) have specific credentials, such as immunizations, that may result in one or more of Your preferred interpreters may not be permitted to provide such services. ASLIS referral specialists look at all the factors needed for an assignment including Your preferred interpreters. However, You are not guaranteed to receive a preferred interpreter for any given appointment. Any interpreter on the “No, Thank You” list will not be matched to Your appointment, except in the rare case of You needing emergency communication access while at a hospital, health care facility/clinic. In emergency situations as required by law or by contract, ASLIS out of necessity may send an interpreter who is on Your “No, Thank You” list. It is Your option to decline that interpreter when they arrive on site – but that declination must occur at that point in time so that the hospital or healthcare facility/clinic may document You are declining the interpreter services.
Inappropriate uses and consequences
Using the information ASLIS provides to stalk or harass interpreters is strictly forbidden. Any individual found to be abusing interpreters will have their access to the portal removed.
Disclaimer.
EXCEPT AS EXPRESSLY SET OUT IN THIS T&C AGREEMENT, THE ASLIS PLATFORM, ANY PROFESSIONAL SERVICES AND ANY DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WE DO NOT MAKE ANY EXPRESS, IMPLIED, COLLATERAL OR STATUTORY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE ASLIS PLATFORM, PROFESSIONAL SERVICES OR DELIVERABLES INCLUDING ANY WARRANTIES OR CONDITIONS OF QUALITY, RELIABILITY, COMPATIBILITY, PERFORMANCE, INTEGRITY OF DATA, SECURITY, MERCHANTABILITY OR FITNESS FOR USE FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING. ASLIS FURTHER DOES NOT REPRESENT OR WARRANT THAT THE ASLIS PLATFORM WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT DATA LOSS (INCLUDING CONTENT TO YOUR CONSUMER ACCOUNT).
Network Security and Data Breach
ASLIS will use commercially reasonable physical, organizational, and technical measures to protect Your personal information against unlawful access, use or disclosure. Despite such efforts, You acknowledge that our collection, storage, use, and disclosure of content data and personal information as contemplated hereunder, will involve transmission over the Internet and over various networks, only part of which may be owned or operated by us. You also acknowledge and understand that Your content data and/or personal information may be accessed by unauthorized persons when communicated across the Internet, network communications facilities or other electronic means. ASLIS is not responsible for any content data or personal information that is delayed, lost, destroyed, altered, intercepted or stored during the transmission of such data across network infrastructure not owned or operated by us, including the Internet, third party websites or Your or authorized user’s local networks. You agree that we are not responsible for any interference with Your use of or access to the ASLIS Platform via such means or security breaches arising from or attributable to such network infrastructure and, to the fullest extent permitted by Applicable Law, You waive any and all claims against ASLIS in connection therewith. In the event You pursue damages incurred as a result of third-party acts related to services or good provided hereunder, ASLIS agrees to cooperate with You as reasonably requested to recover such damages.
Privacy
(a) Access to Your Consumer Account Information. During the course of making available the ASLIS Platform to You ASLIS may host, disclose, collect, store and use Your personal information in accordance with our Privacy Policy, including: (i) if required by Applicable Law or any Governmental or Regulatory Authority; or (ii) if necessary to perform our obligations or to exercise our rights under this T&C Agreement, including to monitor usage by You and Your authorized users, and detect, investigate or prevent any actual or potential violation of the T&C Agreement, including the Use
(b) Personal Information. At Your sole discretion and for Your personal use You may elect to upload personal information into Your Consumer Account, in addition to that information which may be provided by those requesting services on Your behalf. ASLIS does not actively access, monitor, process or amend such personal information except to the extent requested by You, by those requesting services on Your behalf or as an incidental part of the automated processing performed by the ASLIS Platform. To the extent that You upload such personal information You are responsible for ensuring that Your use of the ASLIS Platform and provision of such personal information is in compliance with all applicable Privacy Laws and that You have provided all necessary notice, obtained all necessary consents, and otherwise have all authority to provide such personal information to ASLIS or into the ASLIS Platform for the purposes of this T&C Agreement.
(c) Privacy Policy. You understand that any personal information will be treated in accordance with ASLIS’s Privacy Policy. ASLIS reserves the right to update the Privacy Policy and an up-to-date version of our then current Privacy Policy will be made accessible via the Website. We will provide You with notice of any material changes by sending an email to the contact address listed in Your Consumer Account or through the ASLIS
(d) Use. In the course of rendering the Services and providing to You the ASLIS Platform, ASLIS shall: (i) only use Your personal information for the purposes of rendering the ASLIS Platform in accordance with the T&C Agreement, for other business purposes as permitted by law and as otherwise instructed by You in writing from time to time; (ii) not disclose any personal information to any third party without the prior written consent of You; (iii) where any disclosure or transfer of personal information is required by law, promptly notify You in writing before complying with any such requirement for disclosure (except where legally prohibited to do so); (iv) limit access to personal information only to those employees and sub-processors who need to have access to Your personal information for the purposes providing the ASLIS Platform; or for other business purposes as permitted by law (v) notify You in writing immediately upon ASLIS becoming aware of, or suspecting, any loss, theft, damage or unauthorized or unlawful access or processing, and comply with all instructions of You in connection therewith; and (vii) enter into a written agreement with each subcontractor or third party that has access to Your personal information that imposes obligations on the sub-contractor or third party that are substantially similar to those imposed on ASLIS under this Section.
Limitation of Liability – Type.
Neither party shall be liable in contract, tort, or otherwise for special, indirect, incidental, consequential damages, including without limitation, damages for lost profits, or destruction of data or personal information, even if the other party has been advised of same.
Limitation of Liability – Amount.
To the maximum extent permitted by Applicable Law, in no event will either Party’s total aggregate liability to the other Party arising out of or related to this T&C Agreement, whether in contract, tort or under any other theory of liability, exceed the total amount paid by You hereunder in the 12 months preceding the incident giving rise to the claim or $500.00, whichever is higher.
Force Majeure.
Neither You nor ASLIS will be liable for delays caused by any event or circumstance beyond our reasonable control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays. In the event ASLIS is not able to provide services or access to the ASLIS Platform for any period of time under this provision, ASLIS will be excused from performance during such period and will use reasonable efforts to resume services as soon as possible.
Waiver.
The failure by either party to exercise or enforce any right or provision under the T&C Agreement will not constitute a waiver of such right or provision.
Governing Law.
This T&C Agreement shall be construed in accordance with the laws of the State of Minnesota without regard to any conflicts of law principles.