NOverdose

Terms of Service

Last updated: June 21, 2017

Welcome to NOverdoseNOverdose is an independent communication services platform through which users of opioid medications (“Opioid User” or “you”) can send an alert (an “Alert”) to family members, friends and caregivers (collectively, “Friends and Family Responders”) and emergency personnel and health care providers (collectively, “Emergency Responders” and together with Friends and Family Responders, the “Responders” or “you) for known or suspected opioid overdose or dangerously reduced respiration  arising from the opioid medication thus enabling the Responders to respond and assist the Opioid Users. The website at www.remitigare.com (the “Site”), the mobile application (the “NOverdose Application”), the software as a service platform (the “NOverdose Platform”) and the various other related features, functions, software, NOverdose Application, websites and networks (together with the Site, the NOverdose Application and the NOverdose Platform, collectively the “NOverdose Services”) are provided and operated, and are being made available to you, your organization (the “Organization”), Opioid Users, Responders and the other users of any of the NOverdose Services (collectively, “Users”) by Remitigate, LLC (“Remitigate”, “us” or “we”). All defined terms used herein shall have the meanings prescribed to these terms in these Terms of Service.

Remitigate is not a healthcare provider or a “911’ emergency medical response service and does not provide medical advice or care, which should be obtained from qualified medical personnel.  We do not provide medical advice or clinical direction for your care and treatment. Remitigate will not send any of its personnel to an Opioid User’s location in response to any Alert sent through the NOverdose Application. Neither the NOverdose Application nor the NOverdose Platform can prevent death, bodily or personal injury, or any other harm or damage to an Opioid User. Also, as with any software, the NOverdose Application (including any geo-location services) and the NOverdose Platform are not immune to errors, and for any number of reasons, Responders may not be responsive to an Opioid User’s needs for assistance. Therefore, an Opioid User should not rely solely on the NOverdose Application and the NOverdose Platform in seeking assistance, and remains fully responsible for securing the assistance that he or she needs. REMITIGATE IS NOT LIABLE FOR ANY MEDICAL OR OTHER SITUATION THAT MIGHT OCCUR AS A RESULT OF PROBLEMS WITH THE NOVERDOSE APPLICATION AND/OR THE NOVERDOSE PLATFORM, THE PROMPTNESS, SUFFICIENCY OR ADEQUACY OF THE RESPONDERS, OR ANY OTHER CIRSCUMSTANCE WHICH DELAYS AN OPOIOD USER’S FROM RECEIPT OF ASSISTANCE OF ANY KIND.

IMPORTANT! THESE TERMS OF SERVICE (“TERMS”) GOVERN YOUR USE OF THE SITE, THE NOVERDOSE APPLICATION, THE NOVERDOSE PLATFORM AND THE OTHER NOVERDOSE SERVICES. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF YOUR ORGANIZATION, REFERENCES TO “YOU” OR “YOUR” SHALL MEAN YOU, YOUR ORGANIZATION, AND ANY OTHER USER ACCESSING AND USING THE NOVERDOSE SERVICES ON BEHALF OF SUCH ORGANIZATION. BY CLICKING “I AGREE”, DOWNLOADING, USING, CONFIGURING OR ACCESSING THE SITE, THE NOVERDOSE APPLICATION, THE NOVERDOSE PLATFORM OR ANY OF THE OTHER NOVERDOSE SERVICES, SENDING OR RESPONDING TO ANY ALERT OR OTHERWISE SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS, YOU REPRESENT AND WARRANT THAT (A) YOU ARE AUTHORIZED TO ENTER THESE TERMS OF SERVICE FOR AND ON BEHALF OF YOURSELF (AND YOUR ORGANIZATION), AND ARE DOING SO, (B) YOU (AND YOUR ORGANIZATION) CAN LEGALLY ENTER INTO THESE TERMS AND (C) YOU HAVE READ AND UNDERSTAND AND AGREE THAT YOU (AND YOUR ORGANIZATION) AND EACH USER SHALL BE BOUND BY THESE TERMS OF SERVICE AND REMITIGATE’S PRIVACY POLICY (HTTP://REMITIGATE.COM/NOVERDOSE-TERMS-AND-PRIVACY-POLICY)(THE “PRIVACY POLICY”) AND ALL MODIFICATIONS AND ADDITIONS PROVIDED FOR. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY, PLEASE DO NOT USE ANY OF THE NOVERDOSE SERVICES.

These Terms contain an Arbitration provision which will, with limited exception, require you to submit disputes you have against Remitigate to binding and final arbitration. You will only be permitted to pursue claims against Remitigate on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

  1. Eligibility.

To access and use the Site, the NOverdose Application, the NOverdose Platform and the other NOverdose Services and to send or respond to an Alert, you must be at least 18 years of age. BY CLICKING THE “I AGREE” BUTTON, BY DOWNLOADING, INSTALLING OR OTHERWISE ACCESSING OR USING ANY OF THE NOVERDOSE SERVICES, INCLUDING ENGAGING ANY RESPONDER OR PROVIDING ANY NOVERDOSE PLATFORM, YOU REPRESENT THAT:

  • YOU SATISFY THE ELIGIBILITY REQUIREMENTS AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE, THE NOVERDOSE APPLICATION, THE NOVERDOSE PLATFORM OR ANY OF THE OTHER NOVERDOSE SERVICES;
  • YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH REMITIGATE;
  • YOU WILL COMPLY WITH THESE TERMS AND ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS, RULES AND REGULATIONS; AND
  • YOU ARE NOT BE A COMPETITOR OF REMITIGATE AND DO NOT INTEND TO USE THE NOVERDOSE APPLICATION OR ANY OF THE OTHER NOVERDOSE SERVICES FOR REASONS THAT ARE IN COMPETITION WITH REMITIGATE OR OTHERWISE TO REPLICATE SOME OR ALL OF THE NOVERDOSE SERVICES FOR ANY REASON.

To be an Emergency Responder, you may also need to satisfy additional requirements as more particularly described in Section 3.3.

  1. Privacy.

Your privacy is important to Remitigate. Our goal is to make the NOverdose Services as good, useful and rewarding for you as possible. In order to do that, Remitigate may collect and process information from you when you use any of the NOverdose Services, including sending or responding to any Alert. Remitigate will not collect certain personally identifiable information from you as set forth in more detail in our Privacy Policy. By accessing