Terms of Use
MEDICAL DISCLAIMER
The information contained in this site is not intended to
represent a medical diagnosis, treatment or medical advice in
any way, as it is general information and cannot be relied on
without consultation with your physician. It is not intended nor
is it implied to be a substitute for professional medical
advice. As medical information and your health can change
rapidly, we strongly encourage you to discuss all health matters
and concerns with your physician before beginning new diagnostic
or treatment strategies.
INTRODUCTION
This web site, “trackyourplaque.com”, (hereinafter,
"Site") is owned and operated by Track Your Plaque,
LLC (hereinafter TYP) for
your personal use only. The Terms of Use, Privacy,
Security, and Purchase policies explain how Track Your
Plaque collects, uses, and discloses the personal and
non-personal information you may provide while using the
Site. This Site is not intended to offer any medical
advice or opinions, either implied or explicit, and
should not be used as such or as a substitute for advice
from a medical professional. While the Site offers
information about TYP products and
services, consumers should always read product labeling
before taking any purchased product and should consult a
doctor before starting any health program or using any
health products.
TERMS OF USE
Access to and use of this Site are subject to the
following terms and conditions ("Agreement"). This
Agreement constitutes the entire agreement between TYP and you, and supersedes all prior or
contemporaneous agreements, representations, warranties,
and understandings with respect to the Site; the
content, products, or services provided by or through
the Site; and the subject matter of this Agreement.
TYP reserves the right, at its discretion,
to change, modify, add, or remove portions of these
terms at any time. Please check these terms periodically
for changes. The most recent Agreement will be posted on
the Site and you should periodically review this
Agreement prior to using the Site. You can review the
most current version of the Agreement at any time at:
TrackYourPlaque.com. By using this Site, you signify
your acceptance of this Agreement and signify your
consent to TYP's collection, use, and
disclosure of your personal and non-personal information
in accordance with these Terms of Use and Privacy
Statement. Your continued use of this Site following the
posting of changes to these terms and conditions means
you accept those changes.
If any provision of this Agreement is held to be
contrary to law or otherwise unenforceable, such
invalidity or unenforceability shall not affect or
invalidate the other provisions of this Agreement, but
such provision shall be construed to the limited extent
necessary to make it enforceable and valid, and in the
event such provision cannot be so construed, this
Agreement shall be construed to effect its purpose and
to omit such provision.
Notification of Changes
If Track Your Plaque decides to change these Terms of
Use and the policies that govern the Site, the Site will
post any changes to its Terms of Use and Web site
Policies, and other places it deems appropriate, so its
users are always aware of the changes.
Intellectual Property
This Site and all of its contents including, but not
limited to, articles, other texts, photographs,
illustrations, graphics, product names, designs, logos,
and the collection, arrangement, and assembly of all
content (collectively, "the Intellectual Property") is
our property and is protected by copyright and other
laws of the United States of America, as well as
international conventions and the laws of other
countries. Except as expressly provided for in this
agreement, the copying, redistribution, use,
publication, or retransmission by you of any such
matters or any part of the Site, by any means, in
violation of this Agreement, is strictly prohibited.
Your use of the Site does not provide you with ownership
rights to any Intellectual Property viewed through the
Site, nor does it waive any of Track Your Plaque's
rights to such information and materials.
All trademarks (registered or not), service marks, and
trade names (collectively the "Marks") are our property,
or the property of other respective owners that have
granted us the right and license to use such Marks. The
following are our trademarks used on this site: Track
Your Plaque® and the Track Your Plaque® logo.
Limited Right to Use
The viewing, printing, or downloading of any content,
graphic, form, or document from the Site grants you only
a limited, non-exclusive license for use solely by you
for your own personal use and not for republication,
distribution, assignment, sublicense, sale, preparation
of derivative works, or other use. No part of any
content, form, or document may be reproduced in any form
or incorporated into any information retrieval system,
electronic or mechanical, other than for your personal
use (but not for resale or redistribution).
User Submissions
Any messages, suggestions, ideas, concepts, or any other
submissions ("submission") that are submitted will be
treated as non-confidential and shall become, and
remain, the property of Track Your Plaque. You hereby
assign, grant, and convey to TYP such
submissions on a royalty-free, perpetual, irrevocable,
and worldwide basis, and, by doing so, agree that Track
Your Plaque or any of its affiliates, in whole or in
part, may use them for any purpose including
reproduction, transmission, publication, broadcast, and
posting. You further waive any moral rights you may have
in the submissions for the term of the right. You
additionally agree that TYP is free to use
any ideas, concepts, techniques, or know-how contained
in any communication you send to this Site for any
purpose whatsoever including, but not limited to,
developing, manufacturing, marketing, and selling
products based upon such information without any
obligation to compensate you or anyone else for them.
Site User Conduct
Site users will be found in violation of the terms of
this Site and may face legal repercussion by doing any
of the following:
Upload, post, email, or otherwise transmit any content
that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene,
pornographic, libelous, invasive of anyone's privacy,
hateful, or racially, ethnically, or otherwise
objectionable.
Upload, post, email, or otherwise transmit any content
that you do not have a right to transmit under any law
or under contractual or fiduciary relationships (such as
inside, proprietary, and confidential information
learned or disclosed as part of employment relationships
or under non-disclosure agreements).
Upload, post, email, or otherwise transmit any content
that infringes any patent, trademark, trade secret,
copyright, or other intellectual property right of any
party.
Upload, post, email, or otherwise transmit any
unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation.
Upload, post, email, or otherwise transmit any material
that contains software viruses or any other computer
code, files, or programs designed to interrupt, destroy,
or limit the functionality of any computer software or
hardware or telecommunications equipment.
Interfere with or disrupt the Site, the services, the
content or servers or networks connected to the Site,
the services or the content, or disobey any
requirements, procedures, policies, or regulations of
networks connected to the Site, the services, and/or the
content.
Intentionally or unintentionally violate any applicable
local, national, or international law.
Disclaimer of Warranty / Limitation of Liability
This site is provided "as is" and without warranties of
any kind either express or implied. To the fullest
extent permissible pursuant to applicable law, we
disclaim all warranties, express or implied, including,
but not limited to, implied warranties of
merchantability and fitness for a particular purpose. We
do not warrant that the functions contained in the
materials on any TYP site will be
uninterrupted or error-free, that defects will be
corrected, or that any track your plaque site or the
servers that make such materials available are free of
viruses or other harmful components. To the fullest
extent permitted by law, we do not warrant or make any
representations regarding the use or the results of the
use of the materials on any TYP site in
terms of their correctness, accuracy, reliability, or
otherwise. You assume the entire cost of all necessary
servicing, repair, or correction.
Links
The Site may provide, or third parties may provide,
links to other World Wide Web sites or resources. We
explicitly disclaim any responsibility for the accuracy,
content, or availability of information found on sites
that link to or from any TYP Site. We
cannot ensure that you will be satisfied with any
products or services that you purchase from a
third-party site that links to or from any TYP Sites or third-party content on our Sites. We do
not endorse any of the merchandise or services, nor have
we taken any steps to confirm the accuracy or
reliability of any of the information contained in such
third-party sites or content. We do not make any
representations or warranties as to the security of any
information (including, without limitation, credit card
and other personal information) you might be requested
to give any third party, and you hereby irrevocably
waive any claim against TYP with respect
to such sites and third-party content. We strongly
encourage you to make whatever investigation you feel
necessary or appropriate before proceeding with any
online or offline transaction with any of these third
parties. Neither TYP nor its affiliates,
employees, directors, officers, or agents shall be
liable for any damages, including, but not limited to,
direct, indirect, incidental, consequential, or punitive
damages arising out of your use of this Site,
third-party material, or sites linked to this Site.
Linking to the Site
No link to the Site may be framed to the extent that
such frame contains any sponsorship, advertising, or
other commercial text or graphics. All links to the Site
must be to https://www.trackyourplaque.com — the Site
home page. Deep linking to internal pages of the Site is
expressly prohibited.
Termination
TYP reserves the right to terminate your
access to any and all TYP Sites
immediately without prior notice if in TYP's sole discretion you fail to comply with any term(s) or provision(s) of this Agreement. Upon
termination, you must cease use of all Track Your Plaque
Sites and destroy all materials obtained from the Sites
and all copies thereof, whether made under the terms of
these Terms of Use or otherwise.
Applicable Laws
This Terms of Use is governed in accordance with the
laws in force in the State of Wisconsin and any dispute
is to be submitted to the competent Wisconsin Court.
Should any provision of the present Terms of Use be
found invalid by a court of competent jurisdiction, the
incompatible provision will simply be dissociated from
the rest of this Terms of Use, and the remainder shall
remain in force.
If you suffer any prejudice whatsoever or disagree in
any way with the conditions of this Terms of Use, your
only recourse is to leave the Web site.
These Terms of Use and any and all other legal notices
posted on the web site constitute the entire agreement
between you and us with respect to the use of this Web
site and its content.
PURCHASE POLICY
The goal of the Site is to make your online shopping
experience an enjoyable one. The statements in this
Purchase Policy are designed to ensure that you are
satisfied with your experience. If you have any
questions regarding this policy, please contact TYP for further assistance at 414-456-1123.
When purchasing or making other transactions through our
Site or the Internet, you may be asked to provide
certain information. You acknowledge that any
information you provide to us through our Site is
accurate and complete. You agree to pay all charges
incurred by you or other users of your account, at the
prices in effect when such charges are incurred. You
will also be responsible for paying any and all
applicable taxes relating to your purchases on our Site.
We are in no way responsible for any charges you or the
user of your account incurs when making purchases or
other transactions.
The Site accepts payment through Visa. TYP
reserves the right to change prices at any time. All
prices are in U.S. Dollars.
The availability of the items you order from the Site is
indicated on your detailed order page. Although this is
not a guarantee as to the availability of the items
you've requested, it provides an indication as to when
your order will be shipped. If the items you've
requested are not available, your credit card will not
be charged. Occasionally, items may be out of stock.
TYP will inform you of the status of your
order in a timely manner. In the event that we cannot
ship the items you've requested, you will receive an
email indicating this.
RETURNS AND EXCHANGES
TYP will accept returns and exchanges on
products purchased directly from the Site with the
exception of opened books or software. As a TYP customer, all you have to do to return a product
ordered is provide the original invoice or invoice
number of your order, call our Customer Service number
at 1-414-456-1123 to clarify concerns, and ship the item
back to Track Your Plaque (shipping charges will be
reimbursed upon receipt).
SHIPPING
TYP generally ships available products the
next business day, as long as your order is received
before the cut-off time (3PM CST). Depending on the size
of your order, merchandize may be shipped in multiple
packages.
PRIVACY STATEMENT
The Site automatically collects certain non-identifiable
information regarding Web site users, such as the
Internet Protocol (IP) address of your computer, the IP
address of your Internet Service Provider, the date and
time you access the Site, the Internet address of the
Web site from which you linked directly to the Site, the
operating system you are using, the sections of the Site
you visit, the Site's pages read and images viewed, and
the content you download from the Site. This
non-identifiable information is used for Web site and
system administration purposes. Your non-identifiable
information may be disclosed to others and permanently
archived for future use.
The information the Site collects from our customers
includes the following types:
User Provided Information: The Site receives and
stores information you enter on the Site or provide to
us in various ways. Failing to provide information at
particular areas on the Site may limit your ability to
take advantage of the Site's unique features. The
information you provide can help us to respond to your
requests and/or suggestions for improving the Site,
customizing your shopping experience, establishing and
improving communications with you and all of our
customers.
Automatic Collection: The Site receives and
stores information every time you visit and shop with
the Site. The Site may use "cookies," a technology that
installs a small amount of information in the form of
text on a user's computer. This text permits the Site to
recognize future visits using that computer. Cookies
enhance the convenience and use of the Site, as well as
facilitate your Web site experience, while helping the
Site to analyze traffic data to make improvements to
better meet the needs of our customers. You may choose
to decline cookies if your browser permits, but doing so
may affect your use of the Site and your ability to
access certain features of the Site or engage in
transactions through the Site.
Email Communications: To help ensure that you are
kept informed of important information regarding your
product order, the Site uses email communications for
the purpose of sending invoices and receipt-of-order
confirmation, fulfillment and shipping confirmation, and
order tracking. We will on rare occasions send a
service-related announcement and information on our
products. Generally, users may not opt out of these
communications, though they can deactivate their
account. However, these communications are not
promotional in nature. Our users are given the choice to
opt in and opt out of receiving information regarding
promotional communications.
The information collected on the Site is used for a
variety of purposes. Where non-identifiable information
is collected, the Site may collect data that may be used
to monitor the usage of the Site and the interests of
those who use it. This data, for the purpose of
generating general statistics and monitoring visitor
usage patterns, may include, but is not limited to, the
volume of traffic to the server and the number of
visitors to a certain page or pages within the Site.
Where visitors provide personally identifiable
information, information submitted will be used for
communications with users, such as email notifications
regarding product orders and verification, order
deliveries, Web site promotions and future services,
responses to customer inquiries, newsletters, and more.
Personally identifiable information about you will not
be sold or provided to third parties not affiliated with
the Site without your expressed and informed approval.
If, however, we are going to use users' personally
identifiable information in a manner different from that
stated at the time of collection, we will notify users
via email. Users will have a choice as to whether or not
we use their information in this different manner.
However, if users have opted out of all communication
with the site, or deleted/deactivated their account,
then they will not be contacted and their personal
information will not be used in this new manner. In
addition, if we make any material changes in our privacy
practices that do not affect user information already
stored in our database, we will post a prominent notice
on our Web site notifying users of the change. In some
cases where we post a notice, we will also email users
who have opted to receive communications from us
notifying them of the changes in our privacy practices.
It is recommended to check our Privacy Statement
periodically for updates.
Your personal information will never be disclosed to any
third-party company or mailing list without your consent
except as provided herein. Track Your Plaque will share
and limit the dissemination of information only to
third-party vendors associated with the fulfillment
process of your order delivery, and as required by law.
TYP allows consumer to request removal and
modification of their personal data by sending an email
to contact@trackyourplaque.com with instructions on what
information to remove or modify.
Although the Site is not geared towards individuals
under the age of majority, if we are informed, in
writing by a parent or legal guardian, that an
individual under the age of majority in his/her province
has provided personally identifiable information to the
Site, we will promptly remove such information from our
files.
SECURITY
No system is 100% safe, however, Internet transactions
are inherently more secure than manual transactions.
When credit card information is presented at a store,
any clerk can record the information and disseminate it.
It is significantly more difficult to steal data of this
type on the internet as it requires persons with
specialized knowledge to do so. Even if a transmission
is intercepted, it is highly unlikely that encrypted
information can be decoded.
Track Your Plaque transmits all sensitive data via
Secure Sockets Layer (SSL) using state of the art
128-bit encryption protection. For those who still feel
at risk, credit card
information can be submitted by phone at 414-456-1123.