Terms & Conditions for Access and Use of TractManager, Inc. Web Site
The TractManager, Inc. Web site (the “Web site”) is an online communication and vendor information service provided by TractManager, Inc. (“TractManager”). Access and use of the Web site is subject to compliance with the terms and conditions set forth in this agreement (“Agreement”). Please take the time to examine this document carefully and understand its full contents before accessing or using the Web site. By accessing or using the Web site, you will agree to be legally bound by the terms and conditions set forth below. You should not access or use the Web site if you not want to be bound by these terms and conditions, without exception. This Agreement may be modified at any time without notice, and any such modification shall be effective immediately upon posting. By accessing and using this Web site you agree to periodically review this Agreement and be bound by any modifications or amendments to this Agreement.
By accessing and using the Web site you hereby agree to fully comply with the Operational Polices (“Policies”) set forth below. The Policies are the rules that govern the use of, and activity in connection with the Web site. TractManager has the right to amend such Policies without notice and from time to time as it in its sole discretion deems appropriate.
TractManager is the sole decision-maker as to the use of the Web site and as such it has the right to prohibit or remove any materials or communications, which TractManager believes in its sole discretion to be in violation of such Policies.
The additional legal terms and conditions stated below, as well as the legal terms and conditions above, apply to use of the Web site. Use of and/or access to the Web site constitutes acceptance of these legal terms and conditions. Your communications on, or through, the Web site are not edited, censored, or otherwise controlled by MediTract. TractManager TM cannot and does not screen all content provided by users of the Web site. Notwithstanding the foregoing, TractManager reserves the right to monitor content on the Web site and to remove content which TractManager in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these operation policies. In order to maintain an informative and valuable service that meets the needs of the users of the Web site and avoids the harm that can result from the dissemination of statements that are false, malicious, violate of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:
While using the Web site you may not:
(I) transmit any message anonymously or under a false name;
(II) transmit any unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise under any applicable law. TractManager reserves the right to take such action as it deems appropriate, including but not limited to the immediate removal of such content, where the Web site is used to disseminate statements which are offensive or harmful.
(III) transmit any message which discloses private or personal matters concerning any person, including, but not limited to, messages or information which would violate a persons rights as privacy or publicity;
(IV) transmit any information, file or software that contains a virus, worm, Trojan Horse or any other contaminating or destructive features;
(V) transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion;
(VI) interfere, in any way, with other use of or access to the Web site;
(VII) offer for sale illegal items, including counterfeit goods.
If you are dissatisfied with the Web site or with any terms, conditions, rules, policies, guidelines or practices of TractManager in operating the Web site, your sole remedy is to discontinue using the Web site.
TractManager is a company registered under the laws of the State of Delaware. The commitments and responsibilities are set forth elsewhere in this Web site and are included by reference here, as an integral part of this Agreement. TractManager retains sole discretion as to decisions made regarding any use of this Web site.
TractManager reserves the right to void or delete listings for any reason, without notice, and as it deems necessary.
TractManager will not be responsible for errors or technical difficulties with the functionality of the site or for electronic mail transmissions. TractManager accepts no responsibility for errors in specifications, pictures or illustrations, typographical or photographic errors, or functioning of this site’s software or hardware.
TractManager does not represent, warrant or guarantee that any products listed on the site will be available for purchase or not withdrawn by the listing vendor at any time.
MediTract, at no time, represents any party posting items on the site and is not responsible in any way for the accuracy, functionality, specifications or any other aspect of the items posted.
You understand that, except for information, products or services clearly identified as being supplied directly by MediTract, TractManager does not operate, control, endorse, guarantee, represent or warrant any information, products or services on, or accessed through, this Web site in any way.
Except for TractManager identified information, products or services, all information, products and services offered on the Web site are offered by third parties that are not affiliated with, nor under the control of, MediTract. TractManager will not and does not guarantee, represent or warrant that files or software of any kind, or from any source, available for use or downloading through the Web site, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.
You are responsible for implementing sufficient firewalls, protections, procedures and checkpoints to satisfy your particular requirements for protection of your system and/or accuracy of data input and output, and for maintaining a means external to the Web site for the reconstruction of lost data.
BY ACCESSING OR USING THIS WEB SITE, YOU ASSUME ANY AND ALL RESPONSIBILITY AND RISK OF USE OF THE WEB SITE AND ANY PRODUCTS OR SERVICES CONTAINED THEREIN. THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. TRACTMANAGER ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THIS WEB SITE OR ANY OTHER WEB SITE WHICH MAY BE REFERENCED OR LINKED TO THIS WEB SITE. REFERENCES TO CORPORATIONS, THEIR SERVICES, INFORMATION, OR PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. TRACTMANAGER MAKES NO REPRESENTATION OR WARRANTY CONCERNING THE FUNCTION OF PRODUCTS AND SERVICES AVAILABLE THROUGH THIS WEB SITE WHEN HANDLING DATES IN OR AFTER THE YEAR 2000, AND DISCLAIMS ANY LIABILITY FOR THEIR FAILURE TO HANDLE SUCH DATES PROPERLY.
UNDER NO CIRCUMSTANCES SHALL TRACTMANAGER BE LIABLE TO A USER OR ANY OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, SALES, GOODWILL OR PROFITS, WHETHER OR NOT TRACTMANAGER HAS BEEN ADVISED OF SUCH POSSIBILITY, OR UNDER ANY LEGAL OR EQUITABLE THEORY OF LIABILITY, IN TORT, CONTRACT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE, COMMUNICATION OR TRANSMISSION WITH OR BY THE WEB SITE. THE INFORMATION INCLUDED IN THIS WEB SITE MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. TractManager DOES NOT REVIEW OR SUBSTANTIATE ANY OF THE INFORMATION, PRODUCTS, SERVICES, OR CLAIMS MADE ON THE WEB SITE. IMPROVEMENTS, MODIFICATIONS AND/OR AMENDMENTS (COLLECTIVELY “CHANGES”) ARE PERIODICALLY MADE TO THIS AGREEMENT; THESE CHANGES WILL BE INCORPORATED INTO THE WEB SITE. TractManager MAY MAKE IMPROVEMENTS AND/OR AMENDMENTS TO THE WEB SITE AT ANY TIME WITH OR WITHOUT NOTICE ANY AND ALL PORTIONS OF THIS DISCLAIMER SHALL AUTOMATICALLY APPLY TO ALL IMPROVEMENTS AND/OR AMENDMENTS AS THEY APPEAR. IT IS SOLELY THE USERS RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION, SERVICES, MERCHANDISE PROVIDED THROUGH THE WEB SITE. TractManager DOES NOT AND WILL NOT GUARANTEE, REPRESENT OR WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE WEB SITE WILL BE CORRECTED.
TractManager DOES NOT SUPPLY CLINICAL TREATMENT INFORMATION OR MEDICAL ADVICE AND ANY ADVICE OR INFORMATION THAT YOU MAY RECEIVE THROUGH THE WEB SITE IS NOT A SUBSTITUTE FOR PERSONAL MEDICAL CARE.
TractManager CANNOT AND DOES NOT GUARANTEE OR WARRANT ANY OF THE MEDICAL OR CLINICAL INFORMATION THAT YOU MAY RECEIVE THROUGH THE WEB SITE. THE LINKS TO SUCH THIRD PARTY SITES ON SUCH PAGE ARE FOR YOUR CONVENIENCE AND THE INCLUSION OF SUCH LINK OF THE WEB SITE DOES NOT IMPLY ANY ENDORSEMENT, GUARANTEE, WARRANTY OR REPRESENTATION BY TractManager OF THE PRODUCT OR SERVICES PROVIDED TO YOU BY ANY SUCH SITE. IF YOU ARE IN NEED OF QUALIFIED MEDICAL INFORMATION OR SUPPORT FOR YOUR MEDICAL CONDITION, WE RECOMMEND THAT YOU CONTACT YOUR PHYSICIAN FOR PERSONAL CARE ADVICE.
THIRD PARTY DISCLAIMER
Links to Third Party Sites
This site may contain links and pointers to sites maintained by third parties. TractManager does not operate or control, in any respect, any software, hardware, information, products or services received on or through such third-party sites. Third-party links and pointers are included solely for the convenience of Partners, and do not constitute any endorsement, representation, warranty, or guarantee by TractManager of such third-party sites. PARTNER assumes sole responsibility and risk for use of such third-party links and pointers.
Third Party Sources
In order to provide a comprehensive resource for the healthcare professional, TractManager has collected product and service offering information from many sources. The accuracy of listings has not necessarily been verified by the organizations listed. Offerings shown may no longer be available from the listed organization or may not be available in all countries. If you believe any information is inaccurate, please contact MediTract at email@example.com.
Your Privacy on TractManager
TractManager holds the confidentiality of its members and visitors in the highest regard. Information provided via TractManager, Inc. is not sold or given to other parties and is only forwarded to vendors you select at your request.
Web Site Property
The computer programs contained on the site or other electronic media contains the intellectual property and other proprietary information of TractManager All title to, ownership of, and rights in and to the software including and enhancements, improvements and other additions thereto shall remain the sole and exclusive property of MediTract and TractManager.
All software and hardware involved in this site is the exclusive property of TractManager, Inc.. This software, including without limitation all HTML code, Java Programs and ActiveX controls contained in this site, exclusively owned by TractManager, Inc., is and shall, to the maximum extent possible, be protected by copyright laws and international treaty provisions.
Any reproduction, redistribution, public performance, display or creation of a derivative work of the software is expressly prohibited by this Agreement and breaches will be pursued by legal action to the fullest extent possible. To the extent this software is covered by copyright law, violators are given notice that any such violations may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. You shall have no right or claim of right to the software or any unique ideas found on this site.
All data and materials digitized by TractManager on your behalf, shall be exclusively licensed to TractManager for the sole purpose of use on the Site. You, or any agent or party on your behalf, agree that you shall not enter the Site in order to use data digitized by TractManager for any purpose other than those described in these terms and conditions, without the express written consent of MediTract.
COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
US Government Restricted Rights
Use, duplication or disclosure of the Software by the Government will be subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c0 (1) (ii) of the Rights in Technical Data and Computer Software clause in the FAR Supplement. Contractor/Manufacturer is TractManager URL: http://www.tractmanager.com.
TractManager hereby grants to you a personal, nontransferable license to use the software for viewing and otherwise using this site in accordance with these terms and conditions, and for no other purpose.
You shall indemnify, defend and hold harmless TractManager, Inc.. and its parents, subsidiaries, affiliates, and their directors, officers, employees, agents, and subcontractors against all claims, actions, liabilities, losses, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees, that may at any time be incurred by reason of (any claim arising out of any breach or alleged breach of Hospital’s representations or warranties contained in this Agreement, (ii) any claim based upon alleged errors or omissions or misrepresentations in such Party’s listing(s), (iii) any virus, worm, Trojan Horse or other contaminating or destructive feature contained in such Party’s listing(s), or (iv) any other claim brought by a third party having a basis in contract or tort, in law or in equity, including but not limited to, interference with contract or prospective economic advantage, breach of contract, negligence, misrepresentation, gross negligence, products liability or strict products liability.
Clinical Advice Policy
TractManager does not supply clinical treatment information or medical advice and any advice or information that you may receive through the Web site is not a substitute for personal medical care. TractManager cannot and does not guarantee or warrant any of the medical or clinical information that you may receive through the Web site. The links to such third party sites on such pages are for your convenience and the inclusion of such link of the Web site does not imply any endorsement, guarantee, warranty or representation by TractManager of the quality or accuracy of the products or services provided to you by any such site. If you are in need of qualified medical information or support for your medical condition, we recommend that you contact your physician for clinical care advice.
Email Delivery Policy
Your inquiry is neither reviewed nor edited by MediTract, which uses vendor-supplied information to deliver your message. TractManager does not warrant the accurate or timely delivery of your inquiry, but TractManager will undertake reasonable efforts to deliver your message in a timely fashion.
Inclusion and Deletion
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
Jurisdiction, Venue, Choice of Law, Arbitration This Agreement is governed by the laws of the State of Tennessee, USA without regard to conflicts of laws principals. You consent to the exclusive jurisdiction and venue of courts in Hamilton County, Tennessee, U.S.A. in all disputes arising out of or relating to the use of this Internet Web site.
Use of this site is unauthorized in any jurisdiction, which does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. TractManager, Inc.’s performance of this Agreement is subject to existing laws and legal process in the State of Tennessee and nothing contained in this Agreement is in derogation of TractManager’s right to comply with law enforcement requests or requirements relating to your use of this site or information provided to or gathered by TractManager with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, such invalid or unenforceable provision shall be deemed to be superseded by a valid, enforceable provision that emulates the intent of such original provision and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between you and TractManager with respect to this site and it supersedes all prior or contemporaneous oral, written or electronic communications and proposals between you and TractManager regarding this site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You agree that any dispute or controversy arising out of or relating to any interpretation, construction, performance or breach of these Terms and Conditions or any agreement incorporating these terms and conditions be reference, shall be settled by arbitration to be held in Hamilton County, Tennessee, in accordance with the rules then in effect of the American Arbitration Association. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the Parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. The Parties shall each pay one-half of the costs and expenses of such arbitration, and each shall separately pay its counsel fees and expenses.
Any rights not expressly granted herein are reserved.
Copyright and Trademark Notices The entire contents of the Web site are copyrighted under the United States copyright laws. TractManager is the exclusive owner of the copyright.
“TractManager” is a registered trademark/service mark of TractManager, Inc.