Terms of Use

Terms of Use

Your access to and use of HealthTrackRx’s website and our online services (collectively “Website”) along with the information, materials, products, tools, and services available through our Website are subject to these Terms of Use (“Terms”). By accessing or using the Website and online services, you acknowledge that you understand and agree to be bound by these Terms. If you do not understand or agree to be bound by these Terms, do not access or use this Website or our online services.

Some of our online services (e.g. Client Web Portal, Patient Portal, etc. ), may require you to agree to additional terms and conditions relating to that specific online service. In the event of any inconsistency between these Terms and any online service - specific terms and conditions - the online service-specific terms conditions shall govern with respect to your access to and use of that online service.

Privacy Statement and HIPAA Statement

Our Privacy Statement and HIPAA Statement describe how HealthTrackRx collects information about you through the Website and how we use, disclose, and protect such information.

Disclaimer

The Website provides information about our company and products and services offered. Any clinical information provided is intended for the use of healthcare professionals, and Healthcare providers should exercise their own clinical judgment when using our content, online services, tools, or databases.

If you are a patient or healthcare consumer, you should not use information found on the Website as a substitute for professional healthcare advice, treatment, or diagnosis. Always seek the advice of your physician or other qualified healthcare provider for questions regarding your physical, mental, and medical condition. For emergent situations, seek immediate assistance from emergency personnel.

The information and services contained on our Website are intended solely as general educational material and is not to be construed as medical or healthcare advice. Use of the Website does not create a physician-patient relationship. No information contained on the Website is intended to be used for medical diagnosis or treatment. You acknowledge and agree we have not represented that content provided on our Website can diagnose, cure, or prevent disease, prescribe treatment, or perform any other tasks that constitute the practice of medicine.

Due to the ever-changing nature of healthcare, you acknowledge that information found on our Website may not be error-free and should not be construed as a comprehensive source of all information on a particular topic. While we strive to remain up-to-date on healthcare related topics, HealthTrackRx makes no warranties or representations as to the accuracy of the content of the Website and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the Website. Your use of the Website and any of our online services may be further subject to additional disclaimers that may appear throughout these Terms, and you assume all risk of loss in using the Website and online services.

Copyright, Trademarks, and other Intellectual Property

Material on the Website may be accessed, downloaded, or printed for non-commercial purposes or within the scope permitted under these Terms. No other use of these materials may be made without express written permission of HealthTrackRx. Any unauthorized use of the content on our Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

The Website may include material derived from materials that are copyrighted. The copyrights are owned by HealthTrackRx, or otherwise used by HealthTrackRx with permission from the licensed content provider. The names, trademarks, service marks and/or logos of HealthTrackRx appearing on the Website is owned by HealthTrackRx and may not be used in any advertising, marketing, publicity, or otherwise to indicate HealthTrackRx’s sponsorship of or affiliation with any product or service, without the express written permission of HealthTrackRx. Nothing contained on the Website shall be construed as granting any license or right of use to any trademark displayed on the Website without the written permission of HealthTrackRx, or the third-party owner of the trademark, if any.

Use of Website by Healthcare Providers and Health Plans

If you are a healthcare provider or a health plan, in using our Website and online services, you represent and warrant you will comply with all applicable laws and regulations, including the Health Insurance Portability and Accountability Act (“HIPAA”) and other federal and state privacy and data security laws. You further represent and warrant you will not provide any information, including protected health information, to us for which you do not have the required authorizations or consents.

Content Provided by Users

Information, data, or other materials provided or published by users (“User-Provided Content”) when accessing or using this Website and online services is the sole responsibility of the user. HealthTrackRx is not responsible for User-Provided Content that you upload, post, transmit, publish, display, or otherwise make available through the Website. Because we do not control User-Provided Content that is posted, we do not guarantee the accuracy, integrity, or quality of any User-Provided Content. User-Provided Content is for informational purposes only and not intended as a substitute for professional medical advice, diagnosis, or treatment.

You understand that by using the Website, you may be exposed to User-Provided Content that is offensive or objectionable. HealthTrackRx is not liable in any way, under any circumstances, for any User-Provided Content.

When posting, transmitting, or publishing User-Provided Content through our Website, you represent and warrant that you own or control all rights, title, and interests to such User-Provided Content and the User-Provided Content: (i) is accurate; (ii) does not violate these Terms; (iii) will not conflict with or result in a breach or violation of any terms or provisions of any contract or agreement to which you are currently bound or will become bound in the future; (iv) does not violate any law, and (v) will not cause injury to any person or entity; and (vi) you are at least 13 years old.

In posting, transmitting, publishing, or otherwise making available User-Provided Content, you grant HealthTrackRx a perpetual, non-exclusive, royalty-free license to use, reproduce, display, modify, publish, and/or distribute such User-Provided Content in whole or in part in any form, medium, or platform without compensation to you, including but not limited to, in any unaffiliated third-party content.

We may modify or adapt User-Provided Content to conform to the requirements of networks, services, or other media. We may, in our sole discretion, cite to your name or other identifier you provided when posting User-Provided Content. Please note this does not apply to any protected health information. You represent and warrant the publication and use of your User-Provided Content will not infringe or violate any intellectual property or other rights of any third-party. Please note this does not apply to any protected health information (“PHI”).

HealthTrackRx may use User-Provided Content in accordance with our Privacy Statement and, with respect to PHI, our HIPAA Statement. We reserve the right to change, modify, delete, or refuse to post any User-Provided Content on our Website, and User-Provided Content will not be subject to any confidentiality on our part.

User Conduct

In using our Website, you agree to comply with all applicable laws, rules, and regulations related to the Website. You further agree you will not post, transmit, publish or otherwise make available any User-Provided Content that: (1) you know to be false, inaccurate, or misleading; (2) violates any law, statute, ordinance, or regulation (including, but not limited to, export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (3) is, or reasonably considered to be, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racially or ethnically insensitive, invasive of other’s privacy, or otherwise objectionable; (4) forge or otherwise manipulate identifiers to disguise the origin of any User-Provided Content; (5) you do not have a right to make available pursuant to law or any contractual or fiduciary obligations; (6) infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; (7) constitutes unauthorized advertising, promotional material, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (8) contains software viruses, spyware, or any other harmful files that may affect or interfere with the Website and online services.

You further agree not to: (1) attempt to gain unauthorized access to any portion or feature of the Website or any other systems or networks connected to the Website; (2) probe, scan, or test the vulnerability of the Website or any network connected to the Website or bypass the authentication measures on the Website; (3) use any automated means such as robots, spiders, or scrapers to collect information or content from the Website without our prior permission; (4) collect and store information about other users of the Website including e-mail addresses; (5) install any software, file, or code not authorized by the user of a computer or device without the authorization of the user of the computer or device; or (6) interfere or disrupt the operation of our Website or server networks connected to the Website.

Third Party-Owned Content

Our Website may contain third party-owned content (e.g., articles, publications, data etc.) and may include hypertext links to third party-owned websites. We provide such third party-owned content and links as a courtesy to our users, but have no control over any third party-owned websites or third-party owned content that is referenced, linked, or available on our Website. We do not endorse, sponsor, or otherwise accept any responsibility for such third party-owned websites or content. WE DO NOT ACCEPT ANY LIABILITY ARISING OUT OF ANY ALLEGATION OR CLAIM THAT ANY THIRD PARTY-OWNED CONTENT INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON, OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED IN ANY THIRD PARTY-OWNED WEBSITE OR CONTENT.

You acknowledge and agree HealthTrackRx is not responsible or liable for the accuracy, use, disclosure, or protection of information, copyright compliance, legality, or any other aspect of third party-owned websites or third party-owned content that are linked to/from our Website. If you visit third party-owned websites linked from our Website, we encourage you to consult the privacy policy and the terms and conditions of the respective third party-owned sites.

Advertising and Sponsorships

We do not accept paid advertisements or sponsorships on our Wesbite.

News and Press Releases

The Website may contain information about our company, including news and press releases. You acknowledge and understand we have no duty or obligation to maintain the accuracy of, or update, such information. Any reliance on such information is at your own risk.

Registrations and Passwords

The Website and affiliated online services (e.g. Client Web Portal, Patient Portal, Career section, etc.) may require you to register or obtain a password prior to accessing certain portions of Website and online services. You acknowledge and agree you are responsible for maintaining the confidentiality of your account/login ID and password. You agree to notify us immediately of any unauthorized use of your account/login ID or any other security breach involving access to your account through our Website or affiliated online services. You acknowledge you may be held liable for any loss or harm incurred by HealthTrackRx or any other third-party due to someone else using your account/login ID, or password based on your failure to keep such information secure and confidential.

Website Operations

We reserve the right to do any of the following, at any time, with or without notice: (1) modify, suspend, or terminate operation of or your access to our Website and any portion of our online services; (2) modify or change the Website, or any portion of the online services; and (3) interrupt the regular operation of the Website or any portion of the online services, as necessary to perform routine or non-routine maintenance.

Disclaimer of Warranty & Limitation of Liability

THE WEBSITE, ONLINE SERVICES, AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. HEALTHTRACKRX DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE WEBSITE AND ONLINE SERVICES AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. ACCESS TO THE WEBSITE MAY BE INTERRUPTED AND THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE AND ONLINE SERVICES MAY NOT BE FREE FROM ERROR. HEALTHTRACKRX DOES NOT WARRANT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE ARE ACCURATE, RELIABLE, COMPLETE, USEFUL, OR CORRECT; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THUS SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

HEALTHTRACKRX, UNDER NO CIRCUMSTANCES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

YOU ACKNOWLEDGE AND AGREE THE LIMITATIONS SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THIS AGREEMENT AND THE WEBSITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

Indemnification

You agree to indemnify, defend, and hold harmless HealthTrackRx and its respective affiliates, subsidiaries, employees, officers, directors, agents, contractors, servants, insurers, and representatives from any liability, loss, claim, suit, damage, judgment and expense (including reasonable attorneys´ fees and expenses) that arise out of, or related to, any User-Provided Content you post, transmit, publish or make available through the Website; your violation of these Terms; or your violation of any third-party rights.

Severability

If any provision of these Terms is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect.

Governing Law

These Terms and the resolution of any dispute related to these Terms shall be construed in accordance with the laws of the State of Texas. Any dispute related to these Terms shall be resolved exclusively by the state and federal courts of the State of Texas and governed by the statutes and laws of the State of Texas, without regard to any principles of conflicts of law.

Users who choose to access the Website from other locations do so by their own initiative and are responsible for compliance with local laws. The information available on this website is subject to U.S. export control laws. The Website may not be accessed from any destination or location embargoed by the United States.

Termination

These Terms are effective unless and until modified as provided for herein, or terminated, at any time, by HealthTrackRx.

Change Terms and Conditions

HealthTrackRx may, from time to time and in its sole discretion, change these Terms in whole or in part. Any changes to these Terms will be effective immediately upon the posting of the modified Terms to the Website. You are encouraged to review our Terms on a periodic basis. You agree to comply with, and be bound by, the modified Terms when you continue to use or access the Website after modified Terms have been posted to Website.

Contact Information

HealthTrackRx is headquartered in Denton, Texas, in the United States of America. Our address is:

1500 Interstate 35W

Denton, TX 76207

For specific questions or comments related to the Terms of Use, please direct your inquires to ATTN: LEGAL at the address above.

These Terms and Conditions were last updated on August 8, 2021