Terms and Conditions
Root Cause Tracker
October 1, 2018
These Terms and Conditions (“Agreement”) is between you and Root Cause Tracker (RCT) and govern your access to and use of the services, including the Root Cause Tracker App (“App”) and website (“Websites”), email notifications, and certain other services that Root Cause Tracker (“Company”, “we,” “us” and “our”) may provide from time to time (collectively, the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with this Agreement. By accessing or using the Services you agree to be bound by the following Agreement.
From time to time, in our sole discretion, change, modify, supplement or remove portions of this Agreement (“Additional Terms”). Such Additional Terms may be given by the posting of a new version and/or placed on the Applications or Websites. You will be deemed to have agreed to such Additional Terms by your decision to continue using the Services following the date in which such Additional Terms are posted.
The App may not be used by, nor is intended for, minors (individuals under 18 years of age). However, parents of children under 18 may use the app for said child. By downloading the app, you represent that you are either 18 years of age or older or working with a parent or guardian who is using the app on your behalf.
The Services Do Not Provide Medical Advice
All of the resources, material, processes provided on the Services, such as text, treatment suggestion, statistics, charts, patient profiles, graphics, photographs, images, advice, messages, forum postings, and any other material provided on the Services are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on this Services.
If you think you may have a medical emergency, call your doctor or 911 immediately. Root Cause Tracker does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Services. Reliance on any information provided by Root Cause Tracker, by persons appearing on the Services at the invitation of Root Cause Tracker, or by other Users is solely at your own risk.
You represent to us (which representation shall be deemed to be made each time you use the Services), that you are not using the Services for purpose of seeking medical attention and/or you have received consent from your physician to participate in any of the activities in the App or use our Services.
Code of Conduct and Lawful Use of Services by Users
Users shall not post or upload any information or other content on the Services that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libelous, threatening, abusive, hateful, or contains pornography. Users shall not interfere with other Users’ use and enjoyment of the Services (for example, by harassing, threatening, soliciting, overly promoting personal interests, or stalking another participant of a chat room, forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity). Users may not use the Services to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.
All Users represent and warrant that the information they provided when registering for Root Cause Tracker services, and all information that they subsequently provide regarding themselves, is true and accurate and not misleading.
Services for Non-Commercial Use Only
The content available through the Services, including the App and the content and information contained on the website, is for the personal use of individual users only and may not be used in connection with any commercial endeavors by users. Organizations, companies, and/or businesses may not become Users and should not use the Services without express consent from Root Cause Tracker. Users of Root Cause Tracker with individual commercial interests may not solicit or overtly promote their products or services in any section of the website that is available for public contribution, like blog post comments.
You acknowledge that our Services contain Content that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All content shared within the site is not for external use. To garner permission and access to any content, please direct all media and analyst inquiries and research requests to firstname.lastname@example.org.
The Services, or any portion thereof, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of Root Cause Tracker.
Posting and Use of Content in the User Area
Root Cause Tracker has no obligation to prescreen postings and is not responsible for their content. We encourage you to notify us of inappropriate or illegal content and we reserve the right to remove postings for any reason.
You agree not to disclose to any person or entity personally identifiable information about other Users that you encounter while using this Services (whether posted in the User Area by a user or emailed to you by a user) without the express consent of such user. You may disclose information of a general nature (that could not identify the user who provided such information or whom such information is about) to third parties outside the Services, subject to the above restriction on non-commercial use.
Root Cause Tracker reserves the right to (i) remove, suspend, edit or modify any User Submission in its sole discretion at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission or if Root Cause Tracker is concerned that you may have violated any terms and conditions of this Agreement), or for no reason at all and (ii) to remove, suspend or block any User Submission. Root Cause Tracker also reserves the right to access, read, preserve, and disclose any information as Root Cause Tracker reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Root Cause Tracker, its users and the public.
You acknowledge and agree that the Services and all intellectual property rights associated therewith are, and shall remain, the property of Root Cause Tracker. Furthermore, you acknowledge and agree that the source and object code of the Website and/or Applications and the format, directories, queries, algorithms, structure and organization of the Website and/or Applications are the intellectual property and proprietary and confidential information of Root Cause Tracker and its affiliates, licensors and suppliers. Except as expressly stated in this Agreement, you are not granted any intellectual property rights in or to the Services by implication, estoppel or other legal theory, and all rights in and to the Services not expressly granted in these Terms & Conditions are hereby reserved and retained by Root Cause Tracker.
The Services may utilize or include third party software that is subject to third party license terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the third party license applicable to such Third Party Software. In the event of a conflict between the terms of these Terms & Conditions and the terms of such third party licenses, the terms of the third party licenses shall control with regard to your use of the relevant Third Party Software.
Root Cause Tracker™ and the Root Cause Tracker logo (collectively, the “Root Cause Tracker Marks”) are trademarks of Root Cause Tracker. Other trademarks, service marks, graphics, logos and domain names appearing on the Website and/or Applications may be the trademarks of third-parties. Neither your use of the Services, nor this Agreement, grant you any right, title or interest in or to, or any license to reproduce or otherwise use, the Root Cause Tracker Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the Root Cause Tracker Marks generated as a result of your use of the Services will inure to the benefit of Root Cause Tracker and you agree to assign, and hereby do assign, all such goodwill to Root Cause Tracker. You shall not at any time, nor shall you assist others to, challenge Root Cause Tracker’s right, title, or interest in or to, or the validity of, the Root Cause Tracker Marks.
c. Copyrighted Materials; Copyright Notice
All content and other materials available through the Services, including without limitation the Root Cause Tracker logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by Root Cause Tracker or are the property of Root Cause Tracker’s licensors and suppliers. Except as explicitly provided, neither your use of the Services nor this Agreement grant you any right, title or interest in or to any such content or materials.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Submission or other content at the Websites and/or Applications infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Services; (iii) a description of the location on the Websites and/or Applications of the allegedly infringing material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to the Services should be sent to our designated agent for notice of claims of copyright infringement: Attention: Copyright Agent, Root Cause Tracker, 1917 Racquet Ct., Whitefish, MT 59937. Rootcausetracker@gmail.com
User Password and Login Identity
You are responsible for maintaining the confidentiality of your user password and login, and are fully responsible for all activities that occur under your account or password with or without your knowledge. If you knowingly provide your login and password information to another person, your user privileges may be suspended temporarily or terminated. You may not use the account, user name or password of any other user at any time. You agree to immediately notify Root Cause Tracker of any unauthorized use of your user password or login or any other breach of security. You may also be held liable for any losses incurred by Root Cause Tracker, its affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.
Links to Other Websites
Root Cause Tracker may contain links to other websites that are not under the control of Root Cause Tracker. The inclusion of any link does not imply endorsement by Root Cause Tracker of such site and Root Cause Tracker is not responsible for the content of such linked sites. Root Cause Tracker will, from time to time, recommend programs, products and services it has deemed informative to its users and Root Cause Tracker may or may not be an affiliate for such recommendations.
You agree that Root Cause Tracker may, with or without cause, immediately terminate your Root Cause Tracker account or limit or terminate your access to the User Area or the Services without prior notice. Without limiting the foregoing, the following may lead to a termination by Root Cause Tracker of a user’s account and use of the Services:
- breaches or violations of this Agreement or other incorporated agreements or guidelines,
- requests by law enforcement or other government agencies,
- a request by you (self-initiated account cancellation),
- unexpected technical issues or problems, and
- extended periods of inactivity.
Modifications to this Agreement
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on the Services. We encourage you to review this Agreement periodically for any updates or changes, which will have an update effective date.
Disclaimer of Warranties
The Services and the content and services made available on the Services are provided on an “as is” and “as available” basis. Root Cause Tracker does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the Services, the Services content, or any advice or services provided through the Services to the extent permitted by law. Root Cause Tracker does not warrant that access to the Services or its content or services will be uninterrupted or error-free or that defects in the Services will be corrected.
The advice, recommendations, information, and conclusions posted or emailed by other Users of the Services are not in any way vetted, approved or endorsed by Root Cause Tracker, and you use such information at your own risk.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFNED AND INDEMNIFY Root Cause Tracker, ITS AFFILIATES AND ANY OF Root Cause Tracker’S AND ITS AFFILIATES’ OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SERVICES. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN Root Cause Tracker AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE SERVICES, OR THIS AGREEMENT 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 THESE TERMS & CONDITIONS.
RISK ASSUMPTION; YOUR INTERACTIONS WITH OTHERS ON THE APPLICATIONS
Root Cause Tracker EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY THAT MAY ARISE FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND PARTICIPATION IN ANY OTHER ACTIVITIES OFFERED IN THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR PARTICIPATIONS IN ANY User AREA. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER Users. YOU ACKNOWLEDGE AND UNDERSTAND THAT Root Cause Tracker HAS NOT, AND DOES NOT, IN ANY WAY (A) SCREEN ITS Users, (B) INQUIRE INTO THE BACKGROUNDS OF ITS Users, OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS Users, INCLUDING WITHOUT LIMITATION INFORMATION OR REPRESENTATIONS CONTAINED IN PUBLIC PROFILES. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER Users, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER User IN PERSON. Root Cause Tracker DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS Users OR THEIR COMPATIBILITY WITH YOU.
NEITHER Root Cause Tracker NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SERVICE PROVIDERS, PARTNERS, SUBLICENSEES, SUCCESSORS AND ASSIGNS SHALL BE RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM PROGRAMS, PRODUCTS, OR EVENTS YOU LEARN ABOUT THROUGH OUR SERVICES. YOU AGREE THAT YOU ARE USING OUR SERVICES SO AT YOUR OWN RISK AND ARE VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES.
Limitation of Liability
Under no circumstances shall Root Cause Tracker, its partners, officers, contributors, agents, employees, directors, representatives or affiliates be liable for any indirect, incidental, special, or consequential damages (even if it has been advised of the possibility of such damages) due to your use of the Services or due to your reliance on any of the content contained or the services provided on the Services.
You agree to indemnify and hold harmless Root Cause Tracker, its officers, directors, employees, agents, subsidiaries, affiliates, representatives, and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.
If you register as a user, you agree that Root Cause Tracker may send notices and information to you by email at the email address you provide when registering to become a user (or which you later update using the functionality of the Services). In using the Services, you may receive periodic email communications regarding the Services, new product offers and/or information regarding the Services, which are part of the Services and which you cannot opt out of receiving. You may also receive periodic promotions and other offers or materials Root Cause Tracker believes might be of interest to you. You can opt-out of receiving these promotional messages at any time by (a) following the unsubscribe instructions contained in each newsletter; or (b) changing the email preferences in your account.
Governing Law and Venue
This agreement shall be governed by the laws of the State of Montana and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with the Services, shall be litigated exclusively in the state and federal courts residing in the the state of Montana, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the Flathead County, Montana.
Root Cause Tracker may assign this agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this agreement.
If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
For any questions or comments, or to report violations of this agreement, email us at RootCauseTracker@gmail.com, or contact us at:
Root Cause Tracker
1917 Racquet Ct.
Whitefish, MT 59937
Root Cause Tracker © 2018