The following Terms of Use govern all use of the Health Tracking Network (HTN) website (http://www.healthtracking.net) (the Site) and the activities and services available on or at the Site (taken together, the Service). The Service is owned and operated by Interdisciplinary Scientific Research, LLC (ISR). The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the Terms of Use) and all other operating rules, policies and procedures that may be published from time to time on this Site. The Service is available only to persons who are at least 18 years old. If you do not so qualify, do not attempt to use the Service. ISR may refuse to offer the Service to any person at any time and may change its eligibility criteria, at any time, in its sole discretion.
Modification of Terms of Use
ISR reserves the right, at its sole discretion, to modify or replace any of the Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Privacy
HTN's current Site Privacy Statement is located on the privacy page (http://www.healthtracking.net/privacy) and is incorporated into these Terms of Use. For inquiries about HTN's Privacy Policy, or to report a privacy-related problem, please contact info@healthtracking.net.
Informed Consent
The informed consent statement for HTN members is located on the informed consent page (http://www.healthtracking.net/consent) and is incorporated into these Terms of Use. For inquiries in regard to HTN's informed consent statement, please contact info@healthtracking.net.
Rules and Conduct
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. For purposes of the Terms of Use, "Content" includes, without limitation, any information, data, text, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by ISR or its partners on or through the Service, or submitted by members to the Service.
By way of example, and not as a limitation, you shall not (or permit others to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content using any communications service or other service available on or through the Service, that:
You shall abide by all applicable local, state, national and international laws and regulations. ISR makes no representation or warranty that the content and Service are appropriate or available in locations outside the United States. ISR reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Service to any person, geographic area, or jurisdiction we so desire, and to limit the Service we provide.
Registration
As a condition to using the Service as a member, you are required to register with HTN and select a password and login name. You shall not select or use as an HTN login name a name of another person with the intent to impersonate that person. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your HTN password. You shall never use another member's account without such other member's express permission.
Charitable Donations
ISR, at its sole discretion, will determine which members are eligible to direct donations to the charities they select. ISR makes charitable donations on members' behalf and provides evidence of such donations. ISR also does not warrant any aspect of the charities selected to receive donations.
Personal Tracking Tools
If you become a member, the Service provides tools that allow you to submit, edit, delete, and download content for the purpose of tracking outcomes of interest to you. The Service provides you with the ability to display, analyze, and organize your content.
By submitting content on or at the Site, or otherwise through the Service, or by allowing others to do so, you make the following representations and warranties to ISR:
ISR has no obligation to monitor the Site, Service, Content, or Member Submissions. ISR may remove any Member Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Member Submission), or for no reason at all.
The personal tracking tools are intended only to help members monitor outcomes of interest to them. ISR does not give nutritional, health or medical advice. The information, charts, and analyses members generate with these tools should not be interpreted as a substitute for consultation, evaluation, or treatment by any kind of health, mental health, or other type of professional.
Informational and Educational Purposes
The Site provides health and other information and is intended for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read or done on this site. The use of any information provided on this site is solely at your own risk. Nothing stated or posted on this site or available through the Service is intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice.
Ownership of data
Once you submit a response to an HTN survey question, the resulting data become the property of ISR and you disclaim all rights to these data. ISR may perform aggregate analysis of any data entered by you into the personal tracking tools for the purpose of describing patterns of tracking tool use. Within the conditions of the Terms of Use for this Service, you may add to, modify, analyze, download, or delete data that you have input into your personal tracking tools. ISR will not sell, trade, or otherwise intentionally release the data you enter into the personal tracking tools without your permission.
Proprietary Rights
By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, "Suggestion Materials"), you hereby grant to us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Suggestion Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Suggestion Materials. The foregoing license to ISR shall be fully paid-up and royalty free. In addition, under no circumstances shall ISR have any obligation whatsoever to pay a fee to any member or user in connection with the Suggestion Materials upon the occurrence of a transfer of all or any portion of ISR's business through a merger, sale or transfer of all or substantially all of the assets of ISR.
External Linked Websites
Some links on the HTN web site let you leave the site to access an external linked website. ISR provides these links as a convenience, but we neither control nor endorse these external linked web sites. ISR is not responsible in any way for the privacy practices, the content, or services of other external websites with links on the HTN web site. ISR does not guarantee the accuracy, completeness, or usefulness of any content on such linked websites. ISR is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any external linked website. You acknowledge and agree that ISR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the external linked web sites.
Country of Operation
Your survey responses and tracker information will be sent to servers in the United States of America, where it will be processed and stored. By using this site in any country other than the United States of America, you consent to your information being sent and handled outside of your country.
Service Limitations
You acknowledge that ISR may establish limits concerning use of the Service, including the number of surveys members can participate in, the number and size of personal tracking tools available to members, and the frequency with which you may access the Service. You agree that ISR has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service or submitted by you to the Service. You acknowledge that ISR reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that ISR shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Termination
ISR may cancel your membership, block your IP address, or otherwise terminate your access to all or any part of the Service and remove and discard any Content you have submitted to the Service, at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may cancel your membership after logging in. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
No Warranties
The Service is provided "as is" and "as available" and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed to the fullest extent permitted by law. ISR, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the content is timely, accurate, complete, secure, reliable or correct; (b) the Service will be secure or available at any particular time or location; (c) any defects or errors will be corrected; (d) the content or member submissions are free of viruses or other harmful components; or (e) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk.
ISR makes no warranties, express or implied, by operation of law or otherwise, regarding or relating to the services or content provided. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Limitation of Liability
In no event shall ISR, nor its directors, officers, employees, subsidiaries, agents, contractors, partners, successors, service providers, suppliers, or content providers, be liable under contract, tort, strict liability, negligence or any other legal theory with respect to any aspect the service (including, but not limited to, use or misuse, any action taken in response to or as a result of information on the Service, failure to store or backup content, inability to use, or interruption, suspension, modification, alteration, or termination of use) or any content or member submissions (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising and even if ISR has been advised of the possibility of such damages), (ii) for any bugs, viruses, Trojan horses, or the like (regardless of the source of origination), (iii) for any errors or omissions in any content or user submissions or for any loss or damage of any kind incurred as a result of your use of any content or member submissions posted, emailed, transmitted or otherwise made available on or through the service, or (iv) for any direct damages. Further, ISR shall not be liable to you or any third-party for any termination of your access to the Service, and you agree not to attempt to use the Service after said termination. These limitations shall apply to the fullest extent permitted by law. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Indemnification
You will indemnify and hold ISR and its directors, officers, employees, subsidiaries, agents, partners, successors, service providers, suppliers or content providers harmless from and against any and all loss, cost, expense, liability, or damage, including, without limitation, all reasonable attorneys' fees and court costs, arising from the (i) use or misuse of the Service; (ii) your access to the Site, use of the Service, violation of the Terms of Use by you; or, (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Such losses, costs, expenses, damages, or liabilities shall include, without limitation, all actual, general, special, and consequential damages.
Dispute Resolution
A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and ISR agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
These Terms of Use shall be governed by and interpreted in accordance with the laws of the State of Washington (excluding the conflict of laws rules thereof). All disputes under these Terms and Conditions will be resolved in the applicable county, state or federal courts of King County, Washington state. You consent to the jurisdiction of such courts and waive any jurisdictional or venue defenses otherwise available. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.
Integration and Severability
The Terms of Use are the entire agreement between you and ISR with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and ISR with respect to this Site and Service (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.
Miscellaneous
The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with ISR's prior written consent. ISR may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. The failure of ISR to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
Copyright and Trademark Notices
Unless otherwise indicated, all Content provided by ISR is copyright ©2009 Interdisciplinary Scientific Research, LLC. All rights reserved.
This Terms of Use document is available under a Creative Commons Attribution-ShareAlike 3.0 Unported License. It incorporates portions originally developed by the Institute for Quantitative Social Science, Harvard University, for the Dataverse Network (http://thedata.org/get_started/terms/account).
By using and/or registering for the Service, you confirm (a) that you have read and understood each and every term (including incorporated documents) set forth above, (b) the above representations and the information you provide the Service are accurate, and (c) you agree to be bound by the above terms and conditions.
These Terms of Use are effective as of August 21, 2009
