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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.

MEDICAL DISCLAIMER  |   TERMS & CONDITIONS  |   PRIVACY POLICY

Copyright 2005, 2006 Track Your Plaque, LLC
Track Your Plaque, the logo, and stylized text are service marks of Track Your Plaque, LLC