HealtheTracks Terms & Conditions

Terms & Conditions

HealtheTracks.com and its owner HealthTracks LLC (a Colorado Limited Liability Company) provide services to you subject to the following conditions: If you visit HealtheTracks.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future HealtheTracks.com service or visit or purchase from any business affiliated with HealtheTracks.com or HealthTracks LLC, whether or not included in the HealtheTracks.com website, you also will be subject to the guidelines and conditions applicable to such service or business.

Privacy

Please review our Privacy Policy which also governs your visit to HealtheTracks.com, to understand our practices.

Electronic Communications

When you visit HealtheTracks.com and/or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail and/or by posting notices on this site. You accept that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any and all legal requirements that such communications be in writing.

Security Statement

You are entering a secure, SSL encrypted website. Whenever you see the padlock at the bottom of a page, secure encryption is being employed for your protection.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilation, and software is the property of HealtheTracks.com, HealthTracks LLC, and/or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of HealtheTracks.com and HealthTracks LLC and is protected by U.S. and international copyright laws.

Trademarks

HealthTracks, HealtheTracks.com, the HealthTracks and HealtheTracks.com logos, and other marks indicated on our site are registered trademarks of HealthTracks LLC. HealthTracks LLC's trademarks and trade dress may not be used in connection with any product or service that is not HealthTracks LLC's in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits HealthTracks LLC or HealtheTracks.com. All other trademarks not owned by HealthTracks LLC or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HealthTracks LLC or its affiliates.

License and Site Access

HealthTracks LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of HealthTracks LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product or service listings, or descriptions; any derivative use of this site or its contents; any downloading or copying of information; or any use of date mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HealthTracks LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HealthTracks LLC and/or its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing HealthTracks LLC's or HealtheTracks.com's name or trademarks without the express written consent of HealthTracks LLC. Any unauthorized use terminates the permission or license granted by HealthTracks, LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of HealtheTracks.com so long as the link does not portray HealtheTracks.com or HealthTracks LLC and/or its affiliates, products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any HealtheTracks.com or HealthTracks LLC logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and/or password. If you are under 18, you may use HealtheTracks.com only with involvement of a parent or guardian. HealthTracks LLC and its affiliates reserve the right to refuse service, terminate accounts, remove and/or edit content, or cancel orders in their sole discretion.

Reviews, Comments, Communications, and Other Content

Visitors may submit suggestions, ideas, comments, questions, and/or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.

If you do post suggestions and/or submit material, and unless we indicate otherwise, you grant HealthTracks LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant HealthTracks LLC and its affiliates and sub-licensees the right to use the name that you submit in connections with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify HealthTracks LLC or its affiliates for all claims resulting from content you supply. HealthTracks LLC has the right but not the obligation to monitor, edit and/or remove any activity or content from this website. HealthTracks LLC takes no responsibility and assumes no liability for any content posted by you or any third party.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY HEALTHTRACKS LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. HEALTHTRACKS LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HEALTHTRACKS LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HEALTHTRACKS LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM HEALTHETRACKS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HEALTHTRACKS LLC AND HEALTHETRACKS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting HealtheTracks.com, you agree that the laws of the state of Colorado, without regard to principals of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and HealtheTracks.com or HealthTracks LLC or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to HealtheTracks.com or to products you purchase through HealtheTracks.com or HealthTracks LLC shall be submitted to confidential arbitration in Grand Junction, Colorado, except that to the extent you have in any manner violated or threatened to violate HealtheTracks.com's and HealthTracks LLC's intellectual property rights, HealtheTracks.com and HealthTracks, LLC may seek injunctive or other appropriate relief in any state or federal court in the state of Colorado, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Privacy Policy and Security Statement, posted on this site. These policies also govern your visit to HealtheTracks.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

CONTACT US

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