Terms of Service

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS ("AGREEMENT") CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MYHEALTHTRACK.

MYHEALTHTRACK IS NOT A PROVIDER OF MEDICAL OR ANY OTHER HEALTH CARE SERVICES AND DOES NOT PRACTICE MEDICINE OR GIVE ANY MEDICAL ADVICE. YOUR PROVIDER SHALL BE SOLELY RESPONSIBLE FOR PROVIDING MEDICAL SERVICES AND ADVICE TO YOU AND FOR DETERMINING THE APPROPRIATE TYPE OF SERVICES AND METHOD OF FURNISHING SUCH MEDICAL SERVICES AND ADVICE.

SECTION 13 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 13 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.

1. Purpose

MyHealthTrack ("myHealthTrack," "we," "us," or "our") provides a platform where patients can track their injury recovery and are virtually coached through the process pursuant to treatment protocols provided and approved by your physician. By using the myHealthTrack website/mobile application and any of the information and services offered through the application ("Services"), you agree to be bound by this Agreement.

2. Eligibility

By accessing or using the Services in any way, you hereby represent that:

1. You are using the Services from within the U.S.
2. You have read, understand, and agree to be bound by this Agreement and any future amendments.
3. You are 16 or older.
4. You have the authority to enter into the Agreement personally.
5. You will comply with all applicable laws, including those of the country, state and city in which you are present while using the Services.

3. Access

1. Access. By entering into this Agreement, you will be granted a revocable license to access the Services without charge. Your access privileges are conditioned on your adherence to the terms of this Agreement. We reserve the right to temporarily deny or permanently terminate your access privileges at any time if you have failed to abide by the terms of this Agreement.
2. Prohibited Uses. You understand, acknowledge and agree that any access or use of the Services shall be for your personal, non-commercial use only.
3. Privileges Nontransferable. Your access privileges may not be transferred by you to any third parties.
4. Passwords and Security. You agree not to disclose to anyone your confidential password and to notify us immediately if there has been a breach of your security that affects our Services.

4. Acceptable Use Policy

By using the Services, you agree that you will only use the Services for lawful purposes, will not use the Services to cause nuisance, annoyance or inconvenience, will not violate the publicity or privacy rights of another individual, and will not copy or distribute any content displayed through the Services.

5. Information on our Services

While we will always use our best efforts to ensure the accuracy and completeness of information provided on our Services, we cannot guarantee the accuracy, adequacy, quality, or suitability of any data on our Services.

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE.

NO RELIANCE ON MEDICAL INFORMATION. Some of the information contained on myHealthTrack's Websites and/or Apps may relate to medical issues ("Medical Information"). You acknowledge and agree that such Medical Information is for reference only and should not be relied upon to diagnose or treat any specific medical conditions. Before using myHealthTrack's Apps or other services, you will consult with a licensed physician or other licensed health care provider who is authorized to prescribe the medical device for your use.

6. User Submissions and Content

You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit through the Services. You hereby grant us a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with our business.

Please do not include any protected health information (PHI) or personal medical information in any communications you send to us.

7. Intellectual Property Ownership

We (and our licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by us.

8. Privacy

We have adopted a Privacy Policy outlining our personal data collection and use practices. Please refer to it for details about how we collect and use your personal information. By agreeing to the terms of this Agreement, you are automatically agreeing to our Privacy Policy, which is incorporated herein by reference.

9. Third-Party Interactions

The Services may contain links to or display content originating from third-party websites and advertisements. Such Third-Party Websites & Advertisements are not under our control. We are not responsible for any Third-Party Websites or any Third-Party Advertisements.

10. Indemnification

You agree to indemnify and hold harmless myHealthTrack and its officers, directors, employees, agents and affiliates, from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Services; (c) your violation of this Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Services.

11. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

12. Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL MYHEALTHTRACK BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR DATA BREACH, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE TWO (2) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS.

13. Dispute Resolution

You agree that any dispute or claim relating in any way to your access or use of the Services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or myHealthTrack may seek equitable relief in court for infringement or other misuse of intellectual property rights.

The arbitration will be conducted by JAMS under its rules. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: 10625 Scripps Ranch Blvd, San Diego, CA 92128.

Waiver of Class Actions: YOU AND MYHEALTHTRACK AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES MUST BE ARBITRATED ON AN INDIVIDUAL BASIS.

Opt Out: You may opt out of this Arbitration Agreement within 30 days after first becoming subject to it by notifying us in writing at support [at] myhealthtrack [dot] com.

14. Exclusive Venue

To the extent the parties are permitted to initiate litigation in a court, both you and myHealthTrack agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively within the State of California for courts situated in San Diego County or in federal court for the Southern District of California.

15. Termination

At our sole discretion, we may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party.

16. General

1. No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, myHealthTrack or any third party provider as a result of this Agreement or use of the Services.
2. Choice of Law. This Agreement is governed by the laws of the State of California consistent with the Federal Arbitration Act.
3. Severability. If any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions.
4. Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof.

17. Contact Information

Steven Seidman
10625 Scripps Ranch Blvd #C
San Diego, CA 92128