Terms and Conditions
You (the individual or entity accepting this Agreement) agree that your access and use of TracPracⓇ (the Application) is based on the express terms and conditions of this Agreement. Please carefully review this Agreement before ticking the relevant check box on the registration form. If you do not wish to accept this Agreement, do not proceed with the registration of the Application. Unless accompanied by other terms and conditions, this Agreement applies to updates, supplements, and add-on components or services that may be provided after the date that you download and install the Application and/or access services.
1. License Grant
Vestigo Health Solutions, LLC (“Vestigo”) hereby grants you a revocable, nonexclusive, nontransferable, limited license to install and use the executable form of the Application on a single mobile device owned and controlled by you solely for your personal, noncommercial purposes strictly in accordance with the terms of this Agreement. The license granted herein is subject to your acceptance of the Vestigo Privacy Policy. Vestigo reserves all rights not expressly granted herein. Our own content (logo, visual design etc.) and trademarks is our exclusive property.
2. Restrictions on License
Individuals may not install, use, or permit the application to exist on more than (1) mobile device at a time. You agree that the Application and services accessed thereby contain proprietary content, information, and material that is the exclusive proprietary information or other intellectual property. You will not enable third parties to access, license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any other third party. You further agree that you will not, and will not enable or assist third parties to, export, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code of the Application, or create derivative works thereof. You further agree that any derivative works created are the exclusive property of Vestigo.
3. Password Use and Security
You must not reveal your password and must take reasonable steps to keep your password confidential and secure. You agree to immediately notify Vestigo if you become aware of or have reason to believe that there is any unauthorized use of your password or account or any other breach of security. Vestigo is in no way liable for any claims or losses related to the use or misuse of your password or account due to the activities of any third party outside of our control or due to your failure to maintain the confidentiality and security of your password.
4. Consent to Use of Cellular Data and Personal Data
Depending on your use, the Application may use cellular data to communicate with Vestigo’s cloud-based services. You accept full liability for any cellular data charges that may be incurred by use of the Application including without limitation, roaming costs. You also agree that Vestigo may collect and use technical data and related information, including but not limited to technical information about your mobile device that is gathered periodically to facilitate the provision of updates, support and other services to you (if any) related to the Application. Vestigo may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
5. Infringement
Vestigo warrants that it is authorized to grant the license herein and to the best of its knowledge that use of the Application does not infringe any valid third party right. If however a third party alleges that use of the Application infringes a third party right and Vestigo determines that you should stop using the Application, Vestigo reserves the right to (i) replace or modify Application to make it non-infringing while still performing the same or substantially the same functions; or (ii) procure the right for you to continue using the Application; or if in Vestigo’s judgment neither (i) nor (ii) is commercially feasible, direct you to stop using Application and refund a prorated amount of the your paid subscription fee. Vestigo will not be responsible for any infringing use that you may make after Vestigo directs you to stop using the Application.
6. Modifications to Application
Vestigo reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
7. Term and Termination
This Agreement shall remain in effect until terminated by you or Vestigo. Vestigo may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from Vestigo, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop. Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop. No refunds will be paid if you terminate this Agreement.
8. Disclaimer/Limitations of Warranties:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION AND ANY SERVICES ACCESSED, PERFORMED, OR PROVIDED BY VESTIGO ("SERVICES") ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLICATION AND SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, THE APPLICATION AND SERVICES ARE AN EDUCATIONAL AID AND ARE NOT DESIGNED OR INTENDED FOR USE IN MAKING HEALTHCARE DECISIONS OR IN HEALTHCARE ENVIRONMENTS, OR ANY ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE. VESTIGO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. VESTIGO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION AND ANY SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION AND ANY SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION AND ANY SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VESTIGO OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
You must download and install of the Application to use it and to access the Vestigo services. Availability and download of the Application is handled by third-party app stores over which Vestigo has no influence and therefore disclaims any liability therefrom. The Application display and controls are provided in English are not available in all languages or in all countries. Vestigo makes no representation that such services and materials are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Vestigo reserves the right to change, suspend, remove, or disable access to any services at any time without notice. In no event will the Vestigo be liable for the removal of or disabling of access to any such services. Vestigo may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
9. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL APPLICATION PROVIDER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF SIXTY-FIVE DOLLARS ($65.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10. Third Party Sites
The Application and Vestigo websites may contain links to third party websites and services (“Third Party Sites and Services“) such as payment processors. The links to these Third Party Sites and Services are provided for your convenience only. You acknowledge that we have no control over the Third Party Sites and Services (including the failure of any links to them) and are not responsible for their contents and/or availability.
We do not endorse the services, content, or other material contained in the Third Party Sites and Services and have no association with their operators. Your use of any Third Party Sites and Services will be governed by their terms and conditions and privacy policies (if any) (“Third Party Terms“). It is your responsibility to read the Third Party Terms. If you do not understand or agree to be bound by any Third Party Terms, you should not use any Third Party Sites
11. Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
12. Amendments to this Agreement
Vestigo reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Updates will also be posted at https://www.vestigohealthsolutions.com/terms
13. Governing Law
Arizona State law governs any claim relating to this license without regard to its conflict of law provisions. Your use may also be governed by other local, state, or federal law.
14. Contact Information
If you have any questions about this Agreement, please contact us at
Vestigo Health Solutions
Attn: Terms and Conditions
P.O. Box 12303,
Scottsdale, AZ 85267 or Email: info@vestigohealthsolutions.com. (p) 480.630.4447
Revised: Jan 27, 2022
