NETWORK WITH US!
TERMS AND CONDITIONS
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.
uses, and discloses the personal and non-personal information you may provide while using the
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.
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
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
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.
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.
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).
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
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
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
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.
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
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
laws in force in the State of Wisconsin and any dispute
is to be submitted to the competent Wisconsin Court.
found invalid by a court of competent jurisdiction, the
incompatible provision will simply be dissociated from
remain in force.
If you suffer any prejudice whatsoever or disagree in
only recourse is to leave the Web site.
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.
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
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).
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.
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
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
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.