TERMS AND CONDITIONS

INTRODUCTION

This web site and all its sub-domains of “trackyourplaque.com”, (hereinafter, "Site") are 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 using any purchased product and should always 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. 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.

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

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. 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 the Privacy Statement. Your continued use of this Site following the posting of changes to these terms and conditions means you accept those changes.

LEGAL DISCLAIMER AND RELEASE

The information provided on the TYP website is designed to help you make informed decisions about your health. It is not intended as a substitute for the advice or treatment that may have been prescribed by your physician or any other health care provider. This website provides TYP's opinions in regards to the subject matter contained herein.

You agree that your participation in the TYP programs is at YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY TYP, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES OR INJURIES ARISING FROM YOUR USE AND APPLICATION, EITHER DIRECTLY OR INDIRECTLY, OF ANY ADVICE, INFORMATION OR METHODS PRESENTED WITHIN THE SITE. THE INFORMATION FROM OR THROUGH THE WEBSITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TYP AND AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN TYP AND YOU. THIS WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Before following any of the TYP information or programs you agree to consult with your physician and get a physical examination from your physician, especially if you are considered to be at risk for potential problems resulting from an exercise program, making changes in your diet, and/or using nutritional supplements. Any information or references to prescription drugs and medical procedures are for INFORMATION PURPOSES ONLY. NEVER USE PRESCRIPTION DRUGS OR SUPPLEMENTS OR OBTAIN ANY MEDICAL PROCEDURE OR TREATMENT WITHOUT AN EXAMINATION AND CONSULTATION YOUR PHYSICIAN.

By joining the TYP website, you understand and agree that you are solely responsible for the way that the information on the TYP website is perceived and utilized, and do so at your own risk. In no way will you hold TYP, nor any of its owners, officers, directors, employees, agents, information providers, experts, partners, affiliates, or suppliers responsible for any injuries or problems that might occur due to your use of this website or the advice contained within.

Notwithstanding the foregoing or following paragraphs, the total liability of TYP and its owners, officers, directors, employees, agents, information providers, experts, partners, affiliates, or suppliers, if any, for losses or damages shall not exceed the fees paid by you for the particular information or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of the TYP website are hereby excluded even if TYP or its owners, officers, directors, employees, agents, information providers, experts, partners, affiliates, or suppliers, have been advised of the possibility of such damages.

MEMBERSHIP AGREEMENT

Those who become TYP members will receive a password that provides access to the information presented within the TYP website and opinions from all of TYP's members and experts. Only registered TYP members have permission to view and print any and all of the information provided within the TYP website. Members, or anyone otherwise, may not loan, rent, lease, or otherwise transfer the information to another person without the written permission of TYP.

The TYP membership password is strictly confidential and can only be known and used by the registered member. Anyone who shares or reveals their membership password, or any of the information presented within the TYP website without specific written permission from TYP, is violating the conditions of this agreement with TYP. This will result in an automatic termination of membership and violators may be subject to a contract violation fee and/or criminal charges.

The entire contents of the TYP website are copyrighted under the laws of the United States and other copyright laws. You agree to comply with all copyright laws, intellectual property rights, and refrain from negligent or wrongful conduct by you or any other person accessing TYP using your membership password.

You may cancel your TYP membership at any time, with or without cause, upon e-mail notice or a phone call, and we will promptly disable your membership. Your membership will automatically renew, however, on your renewal date, as long as you still have access to the website, until you cancel your membership. The foregoing provisions regarding your confidential password, indemnification, waiver, and release and limitation of liability, shall survive any termination of this agreement.

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 the property of TYP 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 TYPs 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 TYP 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 the Compnay 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.

ADDITIONAL 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 websites 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 Sites 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 Site. TYP 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 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 THIS 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 http://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, MasterCard, Anerican Express, and Discover credit cards. 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.

MISCELLANEOUS

This Agreement shall be treated as though it were executed and performed in Milwaukee, Wisconsin, and shall be governed by and construed in accordance with the laws of the State of Wisconsin (without regard to conflict of law principles). Any cause of action by you with respect to the website (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in above. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Milwaukee, Wisconsin. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. TYP's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

If you have any questions or concerns regarding these Terms and Conditions, please e-mail us at contact@trackyourplaque.com. Below is additional information on our privacy policy and the security used both on- and off-line to help you feel comfortable and confident in purchasing a TYP membership, providing us with personal information, and working with TYP to reach your heart health goals.