Terms of Use

Terms of Use

Last Updated: [June 9, 2022]

 

IMPORTANT NOTICES:

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• These Terms of Use contain important requirements, restrictions, conditions, and other provisions that affect your rights, including limiting our liability to you.We encourage you to read them carefully.

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• OneTrackHealth does not provide medical advice and should not be used as a diagnostic tool to start, stop, or change any course of treatment or medical care.

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• If you believe you have symptoms or a situation that is urgent or life-threatening, call 911 or your local emergency medical system immediately.

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Overview

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OneTrackHealth is an informational website and web application located at www.onetrackhealth.com as well as a related mobile application linking to these Terms of Use (collectively, the “Website” or “OneTrackHealth”) that, in addition to providing general information on chronic kidney disease, enables you to track your blood test results that you submit over time.

 

Please read these Terms of Use (these “Terms”) carefully. They constitute a legal agreement between you and Life4ward, LLC (“us” “we” “Life4ward”) that governs your access and use of the Website and the features and services provided by Website’s web-based and mobile applications (the “Service”). By using OneTrackHealth, or by indicating through the Website your acceptance of these Terms, you agree to be bound by these Terms. If you do not agree to these Terms, do not use OneTrackHealth.

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1. NO MEDICAL ADVICE

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OneTrackHealth is not intended to provide any medical advice. For advice about your test results, including how your results indicate your health or medical condition, consult with your healthcare provider. Your healthcare provider has specialized medical training that allows the provider to understand the implications of your test results based on your specific medical history.  If you do not discuss your test results with your healthcare provider, it is possible that you might misunderstand the implications of your test results. The Service and any health-related information contained within the Website is intended to be general in nature and should not be used as a substitute for a consultation with your healthcare provider. The default low and high levels and other information provided in OneTrackHealth might not be appropriate for your particular situation and the Website and Service should not be relied upon as providing definitive diagnostic information.  Never start, change, or stop any course of treatment without first consulting your healthcare provider.  Life4ward assumes no responsibility for how you use the information you obtain from OneTrackHealth or the Service. Reliance on any information or functionality provided by the Website or the Service is solely at your own risk.

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2. USE OF ONETRACKHEALTH

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You may use OneTrackHealth subject to these Terms and solely for your personal, non-commercial purposes. You agree to not make any resale, commercial, or derivative use of OneTrackHealth or use any data mining, robots, or similar data gathering or extraction methods in connection with the Website. OneTrackHealth is intended for use by individuals who are 18 years of age or older.  You agree to not use OneTrackHealth in any fraudulent, abusive, inappropriate, or illegal manner or in a manner that disrupts or is reasonably likely to disrupt Life4ward’s systems or the Website or its use, functioning, or access by others.  You are solely responsible for all usage or activity on OneTrackHealth using your user ID and password and for preventing unauthorized use of your user ID and password.

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3. CHANGES TO ONETRACKHEALTH GENERALLY

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We may alter, suspend, or discontinue any aspect of OneTrackHealth at any time, including the availability of any OneTrackHealth feature or content. We may also impose limits on certain features and aspects of OneTrackHealth or restrict access to parts of or all of OneTrackHealth without notice or liability. We may discontinue or change OneTrackHealth or its availability at any time without notice.

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4. TERMINATION OR SUSPENSION OF YOUR ACCESS TO ONETRACKHEALTH

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We may, in our sole discretion, terminate or suspend your access to all or any part of OneTrackHealth at any time, with or without notice, for any reason, including, without limitation, breach of these Terms.  When we terminate your OneTrackHealth account (other than at your request) we reserve the right to delete your account data as early as the time of your account termination. You should not store any information in OneTrackHealth that you do not have retained elsewhere or that you are not prepared to lose.

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If you wish to terminate your OneTrackHealth account, email the request to info@onetrackhealth.com and your account will be terminated and your related account data deleted within approximately 30 days following receipt of your request.  Account data may remain in backups for a time until cycled out in accordance with our backup retention practices.

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5. OWNERSHIP OF ONETRACKHEALTH

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As between you and us, we are the sole and exclusive owner of all right, title, and interest, in and to OneTrackHealth and its related content and functionality, including all copyright and all other intellectual property rights therein, as well as all enhancements, modifications, and additions thereto (“Life4ward IP”). You will acquire no rights whatsoever to all or any part of Life4ward IP except the limited right to access and use the Website and Service as contemplated and permitted by OneTrackHealth and subject to these Terms. You agree not to modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on any Life4ward IP.  Life4ward reserves all rights in Life4ward IP not expressly granted in these Terms.

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6. LICENSE GRANTED BY YOU TO YOUR INFORMATION.

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You grant to Life4ward a royalty-free, nonexclusive, irrevocable, limited right and license to use your OneTrackHealth account data, including data you submit to us, to (a) operate and provide the Service and otherwise engage in use permitted by or consistent with these Terms and our Privacy Policy; and (b) analyze and improve the Website and the Service and their use.

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7. DISCLAIMER

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OneTrackHealth and the Service are provided “AS IS” and, to the extent permitted by law, Life4ward disclaims all representations and warranties, express or implied, with respect to the Website and the Service including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Life4ward does not represent or warrant that OneTrackHealth will be error-free or uninterrupted or that OneTrackHealth is or will be free of viruses or other harmful components. You acknowledge that Life4ward is not responsible for any interruption or termination of OneTrackHealth, regardless of the cause, nor is it responsible for any storage or loss of the test results or other data in your account. The Website should not be used by you as a single place of storage of test results or other data or as a means of backup.  You acknowledge having reviewed Section 1 of these Terms explaining that the Website and Service do not provide or constitute medical advice and you expressly agree that all use of OneTrackHealth and the Service is at your sole risk.  Some jurisdictions do not allow the exclusion of implied warranties, so some provisions of this Section may not apply to you.

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8. LIMITATIONS OF LIABILITY

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In no event will Life4ward or its affiliates or their respective directors, employees, licensors, agents, owners, partners, suppliers, or third-party content providers (the “Life4Ward Parties”) be liable under contract, tort, strict liability, negligence or any other legal or equitable theory for any direct, indirect, incidental, special, or consequential damages, losses, liabilities, or expenses (including, without limitation, those resulting in or related to health or medical problems, lost profits, lost data, or business interruption) arising out of or in any way connected with use of the Website or the Service, even if we were advised of the possibility of such damages. Should the foregoing provision be unenforceable, then the liability of the Life4ward Parties in aggregate, relating to or arising out of your use of the Website or Service will not exceed the lesser of (i) the amount you have paid Life4ward to use the Website or Service and (ii) USD $10.00.

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Some jurisdictions do not allow or limit the enforceability of the above provisions, in whole or in part, so the above limitations and exclusions may not apply to you (in whole or in part).

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9. INDEMNITY

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You agree to indemnify, defend, and hold harmless Life4ward and its affiliates and their respective owners, officers, directors, employees and suppliers from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from, arising out of, or related to a claim by a third party that arises in connection with your use of the Website or the Service and/or the data you submit to the Website.

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10. FEEDBACK

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We will treat any suggestions, ideas, or comments about improving or otherwise modifying the Website or Service (collectively, the “Feedback”) sent to us as non-confidential and non-proprietary information. We have no obligation of any kind to you or a third party with respect to Feedback. You hereby irrevocably grant to Life4ward and its successors and assigns a nonexclusive, perpetual, irrevocable, royalty-free, worldwide right to use Feedback in the development and commercialization of Life4ward’s products and services and for any other purpose.

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11. MISCELLANEOUS

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11.1 Entire Agreement. These Terms constitute the entire agreement between you and Life4ward relating to this subject matter and supersede all prior or simultaneous understandings, representations, discussions, negotiations, and agreements, whether written or oral.

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11.2. Changes to these Terms; Waiver. We may modify these Terms from time to time by posting the updated Terms here and updating the “Last Update” date above. We may also notify you of such modifications through the Website applications or by notification to the email address or other contact information you’ve provided us.  If you do not agree to any such modifications, you should stop your use of OneTrackHealth.  Your use of OneTrackHealth constitutes your acceptance of these Terms as posted at the time of your use.  Additionally, we may present you with supplemental terms and conditions relating to use of the Website and the Service and, upon your acceptance of such supplemental terms and conditions, they will become part of and incorporated into these Terms.  No waiver of these Terms will be effective unless in writing and signed by the party against whom the waiver is asserted. 

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11.3. Severability. If any provision of these Terms is held invalid or unenforceable for any reason, the Terms will be amended to achieve as closely as possible the intent of the original term and all other provisions will continue in full force and effect.

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11.4. Governing Law; Venue. These Terms and the rights and obligations of the parties to and under these Terms will be governed by and construed under the laws of New York as applied to agreements entered into and to be performed in such state without giving effect to conflicts of laws rules or principles that would apply the laws of any other state or country.  For any disputes arising out of these Terms, the parties consent to the exclusive jurisdiction and venue in the state and federal courts located in the state of New York.  The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms.

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11.5. Assignment. You are not permitted to assign your rights or obligations under these Terms, whether voluntarily or by operation of law or otherwise, without our prior written consent. Any purported assignment or transfer in violation of the foregoing is void. Life4ward may assign its rights and/or obligations under these Terms without notice or your consent. Subject to the foregoing restrictions, these Terms will bind and benefit the parties and their respective successors and assigns.

 

Contact Us.  You may contact us at info@onetrackhealth.com if you have any questions about these Terms.