TrackRecord Health Terms of Use

Effective Date: August 8, 2021

These Terms of Use (“Terms”) apply to services (the “Services”) provided to you by TrackRecord Health, Inc. (“TrackRecord Health” “we” “us” or “our”) through its website located at https://trackrecordhealth.com/. Your acceptance of these Terms creates a legally binding agreement between you and TrackRecord Health.

You must accept these Terms to purchase, access or use the Services. If you do not accept these terms, you may not use the Services.

1. READ OUR PRIVACY POLICY

For information about our data practices, please see our Privacy Policy at [INSERT LINK] (the “Privacy Policy”). By agreeing to these Terms, you agree that we can collect and use your information in accordance with the Privacy Policy.

2. USE OF THE SERVICES

You represent that you are at least 18 years of age or older. Additionally, you cannot access or use the Services if you have previously been suspended or removed from the Services.

3. CREATING AN ACCOUNT

Full use of the Services requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. TrackRecord Health is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact customer services at andy@trackrecordhealth.com or leo@trackrecorhealth.com if you discover or suspect any security breach related to the Services or your account.

4. HEALTH INFORMATION

The Services include the ability for you or a healthcare provider (“Provider”) that you authorize as described below, to upload health information (“Health Information”).  Subject to the Privacy Policy, You hereby grant to TrackRecord Health a perpetual, irrevocable, non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, reproduce, translate, create derivative works from, and distribute your Health Information, in any media for the purpose of providing the Services. 

Your Provider cannot provide Health Information to TrackRecord Health unless and until you complete and sign the form of authorization provided to you by TrackRecord Health.   You may revoke any Provider’s permission to provide Health Information to TrackRecord Health by contacting us at andy@trackrecordhealth.com or leo@trackrecorhealth.com  TrackRecord Health does not examine the credentials of, perform background checks on, or give its endorsement to any Provider. TrackRecord Health shall not be responsible for typographical errors, inaccuracies or omissions included in Health Information. If there are any issues with Health Information provided by a Provider, please contact your Provider directly.

You are responsible for your Health Information. You represent and warrant that you own the Health Information or that you have all rights necessary to grant us a license to use Health Information as described in these Terms.

You further agree not to (1) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (2) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; or (3) use the Services in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type.

5. TRANSLATION AND ANALYSIS SERVICES

(a) One of the Services available for purchase from TrackRecord Health is a medical translation pursuant to which TrackRecord Health translates medical terminology included in your Health Information into easy-to-understand language.  The work product resulting from a medical translation shall be considered a deliverable owned by You (“Your Translations”).   Subject to the terms of our Privacy Policy, we intend to use Your Translations to develop, modify, enhance, maintain and deliver our products and services.  Accordingly, you hereby grant TrackRecord Health a perpetual, irrevocable, non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, reproduce, translate, create derivative works from, and otherwise internally exploit Your Translations  for the purposes of developing, modifying, enhancing, maintaining and delivering TrackRecord Health’s products and services.

(b) Another Service available for purchase from TrackRecord Health is an analysis service pursuant to which TrackRecord Health analyzes your Health Information, identifies certain health issues you are facing and offers recommendations for third party products or services (“Third Party Services”) applicable to those issues (such analysis, identification and recommendation Services, the “Analysis Services”).  Without limiting the generality of Section 11, you understand and agree that TrackRecord Health is not diagnosing any medical condition or providing healthcare advice.  Third Party Services recommended by TrackRecord Health are not endorsed by TrackRecord Health.  You take sole responsibility and assume all risk arising from your interaction with or use of any Third Party Services. You also acknowledge that these Terms and our Privacy Policy do not apply to any Third Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third Party Services.

6. OUR CONTENT

“TrackRecord Health Content” includes any photos, images, graphics, video, audio, data, text, music, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Services, excluding Your Translations. TrackRecord Health Content, the Services, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or the TrackRecord Health Content. Our logos and any other TrackRecord Health trademarks that may appear on the Services, and the overall look and feel of the Services, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.

7. WHAT YOU CAN DO ON THE SERVICES

The Services are intended for your personal, noncommercial use.

Subject to the payment by you of applicable subscription fees, TrackRecord Health grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the Services, (2) access the TrackRecord Health Content, and (3) access and download your Health Information and Your Translations. This license is provided solely for your personal, noncommercial use and enjoyment of the Services as permitted in these Terms.

You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the TrackRecord Health Content, Services, or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TrackRecord Health or its licensors, except for the licenses and rights expressly granted in these Terms.

Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Services: (1) use TrackRecord Health’s name, any TrackRecord Health trademark or logo, or any TrackRecord Health proprietary information without TrackRecord Health’s express written consent; (2) access or tamper with non-public areas of the Services, TrackRecord Health’s computer systems, or the technical delivery systems of TrackRecord Health’s providers; (3) test the vulnerability of any TrackRecord Health system or breach any security or authentication measures; (4) circumvent any technological measure implemented by TrackRecord Health or any of TrackRecord Health’s providers or any other third party (including another user) to protect the Services; or (5) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that TrackRecord Health provides to you or any other part of the Services.

8. SUBSCRIPTION FEES

(a)             Fees.  TrackRecord Health may charge periodic (e.g., monthly, quarterly or annual) subscription fees for certain parts of the Services.  You will pay the applicable fees for the Service that You purchase. We will charge Your credit card the applicable fees indicated at the time You registered for the subscription. Your applicable fees will automatically be charged to the credit card You designated as the credit card to be billed for Your account.

(b)             Renewal.  Unless You notify us of Your decision to terminate Your subscription, Your subscription will automatically renew at the end of each subscription term. Your renewed subscription will have the same duration as the subscription being renewed (e.g. one month, one quarter, etc.). At the time of renewal, Your credit card will be charged our then-current fees for the applicable subscription, provided that if the fee for Your renewal Service has increased, we will notify You at Your designated email address at least fourteen (14) days prior to renewal so that You have an opportunity to elect not to renew.

(c)             Billing.  Your credit card will be charged for the renewal term of Your Services on Your billing date (“Billing Date”), based on the type of subscription your purchase (e.g., on a particular date each month for a monthly subscription; on the three-month date for a quarterly subscription; on the anniversary for an annual subscription, etc.). If, however, Your Billing Date is on the 29th, 30th or 31st day of a month, and Your Billing Date does not exist in a particular month because there are fewer than thirty-one (31) days in the month payment is due, Your Billing Date for that particular renewal will be on the last day of the month in which Your Billing Date would otherwise be.

(d)             Nonrefundable.  All fees paid and charges made prior to termination as provided herein, including any advance charge or payment for the subscription term during which You terminate Your subscription, are nonrefundable. Termination of Your subscription shall not relieve You of any obligations to pay accrued charges. 

(e)             Form of Payment.  All payments must be made by credit card.  We do not accept cash, checks or any other payment form. AS BETWEEN YOU AND TRACKRECORD HEALTH, YOU, AND NOT TRACKRECORD HEALTH, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS FOR SERVICES BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHO HAD ACCESS TO YOUR CREDIT CARD OR CREDIT CARD NUMBER, WHETHER OR NOT SUCH AMOUNTS WERE AUTHORIZED BY YOU. You agree to pay all fees and charges incurred in connection with Your subscription and its password (including any applicable taxes) at the rates in effect when the charges were incurred. If TrackRecord Health does not receive payment from Your credit card issuer, You agree to pay all amounts due upon demand by TrackRecord Health.

(f)              Late Payment.  Your account may be deactivated without notice to You if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of termination of Your subscription to the Services.

(g)             Subscription Cancellation.  To cancel Your subscription, please send an email to andy@trackrecordhealth.com or leo@trackrecorhealth.com. Once You have terminated Your subscription, we will stop billing Your credit card until and unless You re-subscribe to a Service that requires payment of subscription fees. All fees paid and charges made prior to termination as provided herein are nonrefundable, including any advance charge or payment for the subscription term during which You terminate Your subscription. Cancellation of Your subscription shall not relieve You of any obligations to pay accrued charges.

9. OUR ENFORCEMENT RIGHTS

We reserve the right (but are not required) to remove or disable your access to the Services, any TrackRecord Health Content, Health Information or Your Translations at any time and without notice, and at our sole discretion, if we determine that the Health Information or your use of the Services is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Services, and in response may take any action we may deem appropriate.

10. USE THE SERVICES AT YOUR OWN RISK

We make no endorsement, representation, or warranty of any kind about any TrackRecord Health Content, Health Information, Your Translations, Services, Third Party Services or any information, data, or results that you may receive through use of the Services. We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Services. TrackRecord Health Content and the Services may change from time to time. Use of the Services should not replace your good judgment and common sense.

11. NO MEDICAL ADVICE

We provide the Services for you to manage and share your health-related information. THE SERVICES AND ANY HEALTH INFORMATION, YOUR TRANSLATIONS, RESULTS OR CONTENT DISPLAYED VIA THE SERVICES DO NOT PROVIDE MEDICAL ADVICE AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU ACKNOWLEDGE THAT EVEN IF INFORMATION PROVIDED TO YOU THROUGH THE SERVICES APPEARS TO BE MEDICAL ADVICE, (A) SUCH INFORMATION IS NOT MEDICAL ADVICE AND (B) UNDER NO CIRCUSTANCES SHOULD YOU RELY ON SUCH INFORMATION.  THE SERVICES ARE NOT INTENDED TO TREAT OR PREVENT ANY MEDICAL CONDITION. ALL CONTENT AVAILABLE THROUGH THE SERVICES IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. USE OF THE SERVICES DOES NOT CREATE ANY PHYSICIAN-PATIENT RELATIONSHIP.

12. FEEDBACK AND SUBMISSIONS POLICY

If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by TrackRecord Health, or obtained from sources other than you.

13. ALERTS AND NOTIFICATIONS

As part of your use of the Services, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the Services by using your account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.

14. THIRD-PARTY SERVICES

The Services may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services and resources (collectively “Third-Party Services”) that are not under TrackRecord Health’s control. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the Services are not part of the Services and are not controlled by TrackRecord Health, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that these Terms and the TrackRecord Health Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.

15. CHANGES TO THE SERVICES

TrackRecord Health may change or discontinue, temporarily or permanently, any feature, component, or content of the Services at any time without notice. TrackRecord Health is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the Services. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by TrackRecord Health products without prior notice to you.

16. TERMINATION

We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Services, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Health Information and Your Translations and other information related to your account. Upon any termination of these Terms or suspension, termination, or discontinuation of the Services or your account, the following provisions of these Terms will survive: Sections 1, 4, 6, 8, 9, 10, 11, 12, 16, 17, 18, 19, 20, and 21.

17. DISCLAIMERS

THE SERVICES (INCLUDLING WITHOUT LIIMITATION TRANSLATION SERVICES AND ANALYSIS SERVICES), TRACKRECORD HEALTH CONTENT AND YOUR TRANSLATIONS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, TRACKRECORD HEALTH EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services, TrackRecord Health Content, or Your Translations will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Services, TrackRecord Health Content, Your Translations, or any data or results you obtain by using the Services.

18. INDEMNITY

You will indemnify and hold harmless TrackRecord Health and its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Services, (ii) Health Information, (iii) Your Translations, (iv) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, (v) your violation of any law or the rights of a third-party or (vi) Third Party Services. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

19. LIMITATION OF LIABILITY

NEITHER TRACKRECORD HEALTH, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, THE TRACKRECORD HEALTH CONTENT, HEALTH INFORMATION OR YOUR TRANSLATIONS WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRACKRECORD HEALTH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL TRACKRECORD HEALTH’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE SERVICES, TRACKRECORD HEALTH CONTENT, HEALTH INFORMATION OR YOUR TRANSLATIONS EXCEED THE AMOUNTS YOU HAVE PAID TO TRACKRECORD HEALTH FOR USE OF THE SERVICES IN THE TWELVE MONTH PERIOD PRECEDING THE ACT OR OMMISION GIVING RISE TO THE CLAIM FOR DAMAGES OR, IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO TRACKRECORD HEALTH, ONE HUNDRED ($100).

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRACKRECORD HEALTH AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

20. DISPUTE RESOLUTION

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

You agree that any dispute between you and TrackRecord Health arising out of or relating to these Terms, the Services, TrackRecord Health Content or any other products or services provided by or through TrackRecord Health (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

Governing Law: Except as otherwise required by applicable law, the Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of North Carolina without regard to its conflict of laws principles.

Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against TrackRecord Health, you agree to try to resolve the Dispute informally by contacting us andy@trackrecordhealth.com or leo@trackrecorhealth.com. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or TrackRecord Health may bring a formal proceeding.

We Both Agree To Arbitrate: You and TrackRecord Health agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting us at andy@trackrecordhealth.com or leo@trackrecorhealth.com within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement.

Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Raleigh, North Carolina, or any other location we agree to in writing.

Arbitration Fees: The AAA rules will govern payment of all arbitration fees. TrackRecord Health will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Exceptions to Agreement to Arbitrate: Either you or TrackRecord Health may assert claims, if they qualify, in small claims court in Raleigh, North Carolina. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the TrackRecord Health Content or Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

No Class Actions: You may only resolve Disputes with TrackRecord Health on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.

Judicial Forum for Disputes: Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and TrackRecord Health agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts located in Raleigh, North Carolina. Both you and TrackRecord Health consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the TrackRecord Health Content, Health Information, Your Translations, Services, or any information, data, or results that you may receive through use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

21. GENERAL TERMS

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between TrackRecord Health and you regarding your use of the Services, the TrackRecord Health Content, Health Information, and Your Translations, and these Terms supersede and replace any and all prior oral or written understandings or agreements between TrackRecord Health and you regarding your use of the Services and the TrackRecord Health Content.

We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the Services. When you use the Services after a modification becomes effective, you are telling us that you accept the modified Terms.

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without TrackRecord Health’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. TrackRecord Health may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Any notices or other communications provided by TrackRecord Health under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or text message, or (ii) by posting to the Websites. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.

TrackRecord Health’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TrackRecord Health. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

CONTACT US

PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.

You may contact us at andy@trackrecordhealth.com or leo@trackrecorhealth.com. 

TrackRecord Health, Inc.