TERMS & CONDITIONS

This Agreement is between you and Track It for Life, LLC (referred to as “TIFL”, “we,” “us,” and “our”) and governs your use of this web site (“Site”). If you or the organization you belong to has an existing agreement (“Business Agreement”) with us addressing the use of the Site, then the services you use through this Site are also subject to the terms and conditions of that Business Agreement, incorporated herein, which, together with this Agreement shall constitute the entire agreement between you and us pertaining to your use of our Site.

By accessing any of our Sites or Services, you agree to be bound by this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use our Sites or Services. This Privacy Policy is applicable to all visitors, registered users, and all other users of our Sites or Services.

HOW YOU ACCEPT THIS AGREEMENT

You agree to the terms of this Agreement by using our Site. If you do not agree to these terms, you may not use this Site. We may modify this Agreement at any time with or without notice, by posting it on our Site, and such modification will become effective immediately. You agree to review this Agreement from time to time.

WHAT YOU REPRESENT AND WARRANT TO US

You represent and warrant to us that: (a) you are who you portray yourself to be when you use the Site; (b) your use of the Site has been authorized; (c) you will use the Site only in connection with doing business with us, and in a way that does not disrupt the network connected to the Site; and (d) you have obtained the necessary and proper consents required for you to view, send and/or receive Information (defined below) through our Site.

YOUR OBLIGATION REGARDING USER IDs AND PASSWORDS

You agree to treat your password and User ID as confidential. Password sharing is explicitly forbidden and you will use them only for your legitimate business purposes with us. You agree that you are solely liable for all actions taken using your password and User ID. If you believe your password or User ID has been accessed by an unauthorized person, contact us immediately so we may deactivate them. You may not attempt to log in with a User ID and password other than your own, and you may only access portions of the Site you are authorized to access.

DATA AND HARDWARE

You agree to regularly back up your own data, and maintain adequate records to be able to replicate any data transmitted through our Site. We are not liable for the content of or any errors in the data transmitted through our Site, or any lost data. You are responsible for obtaining and paying for any hardware, software and/or service necessary to use our Site.

Any medical or educational content (e.g. educational articles or reference materials) made available through our site is for educational and informational purposes only. You will rely on your own professional judgment on the interpretation or use of any such materials. Our mention of specific products or services at this site or inclusion of links to other sites does not constitute or imply a recommendation or endorsement by us, unless we explicitly state it.

“Track It for Life CONTENT” means including, without limitation, characters, data, images, photographs, animations, video, audio, music, text, and applets on the Sites, and any and all other material and information provided by TIFL or its third party providers that You see on the Sites and/or through the Services. Any content that you provide to TIFL regarding feedback or ideas on the Services shall become TIFL Content.

“Content” shall mean TIFL Content, Third Party Data, and User Submitted Data collectively.

“Personal Information” includes any information that identifies you, would enable someone to contact you, or that describes your relationship with TIFL.

“Third Party Data” shall mean data that TIFL obtains from third party sources.

“User Submitted Data” shall mean any information that you submit to TIFL through the Sites or Services such as provider contact information, payment information or certifications, and includes Personal Information that you submit directly to TIFL.

The use of User Submitted Data is subject to this Privacy Policy and the Terms of Use (including any Site-specific Terms associated with a particular Service) in effect at the time we use such information. This section provides details about how TIFL gathers and uses User Submitted Data.

(a) Cookies. Cookies are pieces of data assigned by a web server that uniquely identify the browser on your computer. TIFL may attempt to install cookies when a user arrives at any of our Sites or uses our Services. Cookies enable our systems to gather information about your navigational patterns through the Sites and Services. Viewers have the option to accept or disable cookies at any time through their browsers. If you block or refuse to accept cookies, or delete cookies between visits to any of our Sites, you may not be able to access or use certain features or functions of our Sites or Services.
(b) User Analytics. We may collect general statistics to track user trends on our Sites and Services. These statistics may include hits to our server, the types of browsers used to access our Sites, page views, and navigational patterns. The information that is collected in this manner does NOT provide us with any Personal Information about our users. It helps us track “where” our users are coming from. This allows us to pinpoint high traffic areas and determine the most effective ways to communicate with our users. We may use this statistical information for research and commercial purposes and to develop improvements to our Sites and Services.
(c) Information Users Provide to TIFL. We collect and store User Submitted Data when you register to use our Sites or Services, utilize the Services on our Sites, ask a question, complete a form, conduct a transaction, or send us an email. To use our Services, you will be required to submit certain User Submitted Data, including Personal Information. If you do not provide the requested information, you may not be able to access or use some of the features and functions of our Sites and we may not be able to provide you with our Services. For administrative and security purposes, such as to prevent the introduction of viruses and hackers into the TIFL site, we may collect and retain information, such as IP addresses.

We may use your User Submitted Data internally, among other things, to communicate with you, to provide information or Services to you, to contact you directly about Services that you have purchased, and for our research or business purposes.

We may also combine your User Submitted Data with Third Party Data to provide our Services.

CONFIDENTIALITY

You acknowledge that through our Site you may be able to view, send and/or receive confidential medical information, including without limitation patient-related information (“Medical Information”) for your patients and such Medical Information is subject to HIPAA and other laws. You agree to maintain the security and privacy of patient-related information, and agree that all Medical Information shall be held in strictest confidence. You shall ensure that access to Medical Information shall be limited to your employees on a “need to know” basis and that such information will be used solely for purposes relating to medical treatment, communications with us, and other healthcare operations. You also agree to promptly notify us in the event you become aware of any violations of this provision.

You agree not to use or disclose any of our business information or information regarding our Site (including without limitation information regarding its functionality, options, “look and feel”) (“Site Confidential Information”) without our prior written permission.

WHAT WE DISCLAIM

The information and data provided through this Site is for your convenience only and is subject to change. The information presented is not a guarantee of a payment of any kind. We use reasonable methods to include accurate and up-to-date information on the Site. Because of the possibility of human and mechanical error as well as other factors, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY, REPRESENTATION ABOUT ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

WHAT WE WILL NOT BE LIABLE FOR

WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OR INCOMPLETENESS OF INFORMATION, UNAUTHORIZED ACCESS, COMPUTER VIRUSES, MALICIOUS CODE, LOSS OF DATA, COMPATIBILITY ISSUES, OR OTHERWISE. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA. COST TO PROCURE REPLACEMENT SERVICES OR GOODS, OR BUSINESS OPPORTUNITIES) ARISING OUT OF YOUR ACCESS TO OR USE OF OUR SITE, OR ANY OTHER LINK WE PROVIDE TO ANOTHER SITE, OR ANY ACTS, OMMISSIONS, DEFECTS, SECURITY BREACHES, OR DELAYS, REGARDLESS OF THE BASIS OF THE CLAIM OR IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGE OR LOSS.

INDEMNIFICATION

In addition to your obligations to indemnify us under any Business Agreement, if any, you agree to defend, indemnify and hold us and our affiliates harmless against any claims, losses, damages, expenses or costs (including without limitation reasonable costs of litigation such as attorneys’ fees and expert fees) arising from, incurred as a result of, or related to your breach of this Agreement, your unauthorized or illegal use of the Site or the information contained within or transmitted through it, whether you or any other person using your password or User ID.

You may terminate this Agreement by providing us written notice of such termination and discontinuing your access or use of our Site. We may terminate this Agreement and your right to access or use our Site, at any time, with or without cause. The laws of the State of Texas govern this Agreement, without regard to conflict of law principles. You submit to the exclusive jurisdiction of the courts in the State of Texas and waive any jurisdictional venue or inconvenient forum objections to such court. All provisions, which, by their nature survive, shall survive termination of this Agreement.

DATA COLLECTION

TIFL may share User Submitted Data, including Personal Information contained within User Submitted Data, as described below.

(a) Affiliated Businesses We Control. We may share User Submitted Data with the affiliated businesses we control to make sure that your experience with us is as seamless as possible and that you have the full benefit of our Services. The use of User Submitted Data by such controlled affiliates remains subject to this Privacy Policy.
(b) Agents. We employ other companies and individuals to perform functions on our behalf. Some examples of such functions include operating and hosting our service offerings, supporting our information technology infrastructure, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing payments, and providing customer service. We share User Submitted Data with these agents as we deem necessary for such third parties to perform their functions. We may also provide aggregate statistics about our customers, traffic patterns and related site information to reputable third party vendors, but these statistics do not include Personal Information.
(c) Protection of TIFL and Others. We may disclose User Submitted Data collected from you to (i) comply with the law, applicable regulations, governmental and quasigovernmental requests, orders or subpoenas directed to us or our affiliates; (ii) protect and defend our rights or property or the rights or property of other users of our Sites and Services including the enforcement of our Terms of Use or other agreements; (iii) respond to an emergency or protect the personal safety of users of our Sites or Services, or the public; or (iv) prevent a crime or protect national security (including exchanging information with other companies and organizations for fraud protection).
(d) Change of Control. In the event that a third party acquires all or a substantial portion of TIFL’s business, whether such acquisition is by way of merger, liquidation, dissolution, consolidation or sale of all or a substantial portion of our business, trade or assets, informational Content (including User Submitted Data) will be transferred to the acquiring third party. By using our Site or Services, you consent to the sale and transfer of your User Submitted Data as described in this paragraph.
(e) Public Areas of our Site or Services. If you provide any User Submitted Data to TIFL for posting in areas of our Sites or through our Services that may be publicly viewed (e.g., blogs or messaging features to the extent available), your information will be available to third parties who use our Sites or Services. Please be cautious when using public areas of our Sites or Services.
(f) Authorized by User. We may disclose User Submitted Data we collect from you if you request or authorize it.
(g) As Part of the Services. TIFL may disclose User Submitted Data, which you provide as part of your membership in the Services to Service Recipients and other TIFL customers in accordance with any Terms of Service relating to each applicable Service. Access to such User Submitted Data through our Services is limited to registered users who are bound by agreements governing their use of Content (subject to any agreement you may have directly with Service Recipients relating to their use of your Personal Information).
(h) Privacy Policy. User Submitted Data may also be disclosed as otherwise described in this Privacy Policy.

Other companies or organizations may have links to their websites or services through our Sites or Services. We are not responsible for how these other companies or organizations collect, use, disclose, or secure the information that you provide them. If you choose to access a third party website or service linked to one of our Sites or Services, you do so at your own risk and subject to any terms of service or privacy policy (if any) associated with such third party websites.

COLLECTION OF INFORMATION FROM CHILDREN

TIFL does not direct any of our content specifically to children. We do not knowingly collect or use Personal Information from individuals under eighteen (18) without obtaining verifiable consent from their parents or a guardian. If we learn that a user is under 18 years of age, we will promptly delete any Personal Information we have collected about that user. If you are under the age of 18, please do not send us any information about yourself.

DO NOT TRACK

TIFL does not respond to web browser “do not track” signals. As such, your navigation of our Sites and use of the Service may be tracked as part of the gathering of the general User Analytics collected by TIFL. If you arrive at our Sites by way of a link from a third party site that does respond to “do not track” requests, the recognition of any “do not track” request you have initiated will end as soon as you reach our Sites.

TRACK IT FOR LIFE - TERMS & CONDITIONS

Van Lang IPA