Last updated: September, 2015
Protecting your privacy is important to Tactio Health Group, Inc. (“Tactio,” the “Company”, “us” or “we”). This policy describes how the Company may use your data.
Tactio has no plan to take your identifiable Health Information and sell it to anyone. In essence, the Company may monitor your usage in order to improve the software’s user experience, to use anonymized data in order to provide aggregated community stats, add online features to expand the usability and depth of its software offering, and permitted or required by law. This policy describes the extent of the use, protection and precaution the Company will take in respect of your data.
This Policy explains how the Company collects, uses, and discloses the personal information you may provide while visiting this Website (the “Site”) or using the Company’s software and applications (the “Software”) and in its newsletter, electronic messages and announcements (“Electronic Communications”). Any personal information you provide to the Company while using the Software or enter on or upload to the Site will be treated with care, subject to this Policy, will not be used or disclosed in ways in which you have not consented except as indicated below.
By using the Software or visiting the Site, you hereby consent to the collection, use, and disclosure of your personal information in accordance with this Policy. If you do not agree with this Policy, you may not use the Site or Software and must delete and destroy all copies of the Software in your possession immediately.
1 Information Automatically Collected
1.1 Non-Identifiable Information
The Software may automatically collect certain non-identifiable information regarding Software users, such as the serial number of your personal digital assistant or mobile device (i.e. iPhone, iPod Touch, iPad or Android device). This non-identifiable information is used to send you Electronic Communications from time to time. At any time, you may ask us to stop sending you Electronic Communications by contacting firstname.lastname@example.org. Your non-identifiable information may be disclosed to others and permanently archived for future use. The Company also may link your non-identifiable information with other Software users’ personal information. Once such a link is made, all of the linked information is treated as personal information and will be used and disclosed only in accordance with this Policy, and in accordance with applicable law.
2 Description of the Software’s Content
2.1 The Software is a tool which uses tables and charts and mathematical computations to allow you to track the data you input into the Software over time and to compare your data to standardized values and measurements of the general population. The Software is for your personal, educational, informational, entertainment use and convenience only, unless you are using the Software at the direction of and in the course of your medical treatment by a healthcare provider (in which case, see paragraph 3.1.1, below).
3 Personal Information You Specifically Provide through the Software
3.1 Your Personal Information
In order to use the Software, you will be asked to create an account protected by username and password. To do so, you must provide your email address as your username and a password of your choosing. Your email address may be used to send you Electronic Communications from time to time. At any time, you may ask us to stop sending you Electronic Communications by contacting email@example.com or using the unsubscribe clickable mechanisms provided at the bottom of such communication. Also, during your use of the Software, you may be asked to voluntarily provide certain personal information (such as your gender, weight, height, date of birth, ethnicity and other data required by the software to calculate the health risks indicators and related charts) for various purposes such as using certain special features of the Software.
3.1.1 Health Information: If you are using the Software at the direction of and in the course of your medical treatment by a healthcare provider, that healthcare provider shall obtain a consent from you to view your information on the Software as permitted by law. Please note that if you are using the Software for medical treatment purposes at the direction of a healthcare provider and in the course of your medical treatment, that provider may access your Health Information in read-only mode and/or may provide alerts to you through the Software, and may share it with his, her or its business partners who require access to patient information, within the requirements of the Privacy and Security Rules of Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and other applicable U.S. state laws and any other provincial, federal or national laws and regulations. In addition, your Health Information may also be used or disclosed by the healthcare provider for the provider’s business partners or purposes of healthcare treatment, payment (including but not limited to health insurance claims and reimbursement) and operations of the medical practice, as well as for other purposes permitted by HIPPA and applicable U.S. state laws. Your Health Information accessed by your physician or other health professional that is uploaded or otherwise transferred to your health record maintained by your physician or other health professional is owned by you or your physician or other health professional, as determined by the law in your jurisdiction.
3.2 Use of Bluetooth Devices
At the user’s discretion, the Software may be connected by Bluetooth technology to health measuring devices. The manufacturers of these devices have elected to use Bluetooth LE (low-energy) communication as a means of providing a "real-time" experience to users allowing immediate retrieval of data from their devices. The Software does not use Bluetooth for any other purpose. If you do not wish to have your personal information transmitted by Bluetooth you may disable Bluetooth on your smartphone or similar device in the settings application for that device, or you may simply not connect (or disconnect if you have already connected) the devices that require Bluetooth on the eHealth page of the Software.
3.3 Use of Your Personal Information
The use of your personal information is intended to provide you with an improved user experience and support. The Company may use your personal information to contact and correspond with you, to respond to your inquiries, to track communications with you, to perform at your request backups of your personal information, to assist you in tracking your weight and health-related information, in order to generate global statistics for Software users (anonymized data will be used for this purpose), to help the Company develop new services and software features that meet your needs, to improve the Software, to provide you with the Electronic Communications you request or that we think may be of interest or use to you, and as otherwise permitted or required by law (“Permitted Uses”).
3.4 General Aggregated Statistics and Reports
Information aggregation is intended to provide you with aggregated statistics that may be useful for you to compare with the aggregated statistics of the user community. Such information shall be of an aggregated form and non-user-identifiable. As such, the Company may use non-personal information and/or information rendered anonymous to create aggregate information reports and statistics regarding Software user demographics and Software user health patterns. None of the information contained in such reports or statistics can be connected to the identities or other personal information of individual users, but may include categories based on gender, weight, month and year of birth and country of residence. The Company may publish such non-identifiable aggregated statistics with any third party without your consent and you will not be entitled to any consideration whatsoever in respect of such published statistics.
3.5 Disclosure of Your Personal Information
The Company will at all times comply with applicable law when using or disclosing your personal information. The Company may transfer or otherwise disclose your personal information to its employees, agents and consultants if the disclosure will enable these parties to perform business, professional or technical support functions for the Company, as permitted by law. Such parties will be subject to the same obligations as the Company under this Policy. The Company may disclose your personal information as required by law to a government institution that has asserted its lawful authority to obtain the information or where the Company has reasonable grounds to believe the information could be useful in the investigation of unlawful activity if such disclosure is required by law, or in order to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with court rules regarding the production of records and information, or to protect the Company’s rights and property.
(a) The Company may be involved in the sale or transfer of some or all of its assets or other transactions. As part of that transaction, the Company may disclose your personal information to the acquiring organization or other organization involved in the transaction, to the extent permitted by law, but will require such organization to agree to protect the privacy of your personal information in a manner that is consistent with this Policy and applicable law. The Company may also disclose your personal information to third parties designated by you, at your request or with your consent.
3.6 Storing and Securing Your Information
Your personal information is stored by the Software on your device and/or on a Server or Cloud Based Service in the United States
(a) Except for Non-Identifiable or Anonymized Information which the Company may store in perpetuity, the Company may store and process your personal information for the period of time during which your account remains active and for a period of six months after you delete your account, after which time the Company will delete your stored personal information. The Company stores such information in its offices located in Montreal, Quebec, Canada or at other locations in the United States, and said information may be located in other jurisdictions should its server locations be located elsewhere as part of a cloud computing based architecture with rented server capacity from a third party supplier.
(b) International Users – The Company makes no claims that user content uploaded may be appropriately protected pursuant to privacy and data protection laws outside of the United States. Users from outside the United States, including the European Union, are advised that the Company stores personal information on servers within the United States, and they are further advised that personal information uploaded to the Sites may not be protected in accordance with their local laws and regulations. If you upload personal information to the Sites from outside the United States, you do so at your own risk. The Company is not responsible for compliance with the laws of your jurisdiction and makes no representations, warranties or guarantees that it complies with privacy, data protection or cyber security laws and regulations outside the United States.
(c) The Company utilizes commercially reasonable and appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. However, no company, including this Company, can fully eliminate security and/or privacy risks associated with Personal Information created, stored or transferred using the Internet and Internet technologies. Your use of the Sites and Software is at your own risk.
3.7 Accessing Your Personal Information
You may request access to your personal information and information about the Company’s collection, use and disclosure of that information by contacting the Company at firstname.lastname@example.org. Subject to certain exceptions prescribed by law, you will be given reasonable access to your personal information, and will be entitled to challenge the accuracy and completeness of the information and to have it amended as appropriate. You can help the Company maintain the accuracy of your information by notifying the Company of any changes to your personal information by writing to email@example.com.
3.8 Withdrawal of Consent
You may withdraw your consent to the use of personal information about you at any time. To do this, please contact the Company at firstname.lastname@example.org as noted above. Additionally, we routinely provide “opt out” or “unsubscribe” instructions on our Electronic Communications to provide for your removal from future transmissions.
4 Information Stored on your Personal Digital Assistant
4.1 Personal Information Not Used by the Company
During your use of the Software, you may be asked to voluntarily provide certain other personal information for purposes such as tracking your weight and health-related information as well as generating particular statistics and information adapted to your profile. Except as specifically mentioned above, the Company will not hold, use, or disclose any such personal information and all information entered, posted or communicated with or in the Software is solely at your own risk.
4.2 Personal Information Used by Third Parties
I. 4.3 Third-party Applications: When you visit our website or use our app, we collect certain types of data automatically. This data does not identify you personally. For instance, we collect information such as your IP address, the pages you visit on our website, the date and time when you visit the website, the URL that referred you to our website, the device that you use to visit the website, and the device used when operating the app. We also collect usage information, such as which feature you are using, for how long and when, and demographic information, such as your gender and age, which we may prompt you for. The data collected does not identify you and is used to improve our website’s performance and appearance and to determine demographic information about our visitors. We may use third-party services, such Google Analytics and, to collect such data, and Google Analytics Demographics and Interest Reporting. More information about Google Analytics, including how to opt-out of Google Analytics’ services, is available at https://support.google.com/analytics/answer/2700409?hl=en&utm_id=ad.
5 COPPA: Generally Not Suitable for Children Under the Age of 
The Software is intended to be used by the general public and is suitable for use by adults and may be used for personal, educational, informational and convenience purposes only. The Software is not suitable for children under the age of . We do not intentionally collect or maintain information in the Services from those visitors and Users of the Services who are under 18 years old. Pursuant to the Children’s Online Privacy Act (COPPA), we do not knowingly contact or collect personal information from children under thirteen (13). In fact, our website is not intended for children under thirteen (13) or to solicit information of any kind from children under thirteen (13).
5.1 In the event that the Company is notified or becomes aware that the Software has been used by a child under the age of  to store information of that child without parental consent, the Company shall be and is authorized to delete, in its entirety, any of the information stored by the child under the age of . The Company also reserves the right to revoke any license to use a copy of the Software which is being used by a child under the age of .
5.2 If you have authority to provide consent for minor under the age of 13, you may obtain a Parental Consent Form from email@example.com. Notwithstanding the foregoing, where the Company is notified, becomes aware of or has reason to believe that you are using the Software in respect of a child’s information under the age of  for which you do not have authority to consent, or that no Parental Consent Form has been properly executed and returned to the Company, the Company may delete the child’s information and revoke your license to use the Software.
6 California Users: Privacy Rights
California Civil Code Section 1798.83 permits users of the Site and Software who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. Under California law, California residents are entitled to ask us for a notice identifying the categories of personal customer information that we share with our affiliates and/or third parties for marketing purposes, and provide contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to:
Tactio Health Group.
290 Place D'Youville, Montreal, Quebec, Canada H2Y
ATTN: California Privacy Requests
7 Do Not Track
While many current browsers permit you to send a signal to us about your Do Not Track (“DNT”) preferences, we do not respond to DNT signals sent from your browser.
8 Other Matters
8.2 Software End User Licensing Agreement
The Software End User Licensing Agreement, available at http://www.tactiohealth.com/health-data-policies/ and governing your use of the Software (and which may be viewed from the info page of the software) contains important provisions disclaiming and excluding the liability of the Company and others in relation to your use of the Software, and provisions determining the applicable law and exclusive jurisdiction for the resolution of any disputes regarding your use of the Software. Each of those provisions also applies to any disputes that may arise in relation to this Policy and the collection, use and disclosure of your personal information, and are of the same force and effect as if they had been reproduced directly in this Policy.
8.3 Former Users
If you stop using the Software or your permission to use the Software is terminated by the Company, the Company may continue to use and disclose your personal information in accordance with this Policy as amended from time to time, and subject to compliance with the law as well as subject to your rights under Section 2.7 of this Policy.
8.5 Your Comments
If you have any comments or questions about this Policy or your personal information, please contact the Company’s Privacy Officer at firstname.lastname@example.org
Health Data Ownership and Use of Services Policy
Protecting your health information is important to Tactio Health Group, Inc. (hereafter “Tactio”, “us” or “we”). Tactio has no plan to take your identifiable Health Information and sell it to anyone. This policy describes certain boundaries of what Tactio can do with your identifiable data and the ownership of that data.
In essence, Tactio may use your data in particular ways in order to help improve the user experience, provide aggregated community stats, and add online features to expand the usability and depth of its offering. Data you upload remains your data, subject to the exceptions described below.
“Approved User” means a user or subscriber to any of the Services with whom you have authorized Tactio Health Group, Inc. (hereafter “Tactio”) by your consent to share your Content, including Tactio, its employees agents and/or affiliates.
“Content” means data and electronic information of any kind, including but not limited to text, digital images and metadata, uploaded or otherwise provided to the Services and/or the System.
“Health Information” means information, including text, digital images, sound recordings and other data, concerning past, present or future medical or mental health condition or past, present or future medical treatment or payment for medical or mental health treatment that is traceable or identifiable to an individual.
“Medical Records” means Health Information created or received by a healthcare provider or health plan.
“Services” means the TactioHealth patient application, TactioRPM clinical application, Tactio cloud services and Tactio website.
“System” means the Tactio mobile applications, web applications and cloud services, wherever situated.
I. Your Grant and Use of the Services Generally.
You own the intellectual property rights in Content you upload, provide or make available to the System, subject to the terms of this Agreement. We do not claim ownership in, any Content that you upload, provide, make available, or otherwise transfer ( or “post”) on or to the Services, but to be able to legally provide our Users with the Services and to maintain the Services, we have to have certain rights to use such Content in connection with the Services, so as to allow Tactio to operate and maintain the System for its intended uses as specified in this Agreement; to maintain and reproduce such Licensed Materials within the System; to provide access to such Licensed Materials to Approved Users; and to incorporate such Licensed Materials into derivative works. In return, we also grant you certain use rights as set forth in the section entitled Tactio Content to the Content that we (or our licensors) own and use to provide the Services to you and other Users.
a. By posting any Content on the Services, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) which you may have in any Health Information, digital images, text or other materials (the “Licensed Materials”) to use as indicated in this paragraph, copy and/or create derivative works of said Content including, but not limited to, publications concerning clinical and medical research, aggregated statistical compilations and reports on or about the System; and distribute such Content in any and all media (now known or later developed) throughout the world for the purposes stated in this paragraph.. You should only post Content to the Services that you are comfortable sharing with others under the terms and conditions set forth herein.
b. Third-party Applications: When you visit our website or use our app, we collect certain types of data automatically. This data does not identify you personally. For instance, we collect information such as your IP address, the pages you visit on our website, the date and time when you visit the website, the URL that referred you to our website, the device that you use to visit the website, and the device used when operating the app. We also collect usage information, such as which feature you are using, for how long and when, and demographic information, such as your gender and age, which we may prompt you for. The data collected does not identify you and is used to improve our website’s performance and appearance and to determine demographic information about our visitors. We may use third-party services, such Google Analytics and, to collect such data, and Google Analytics Demographics and Interest Reporting. More information about Google Analytics, including how to opt-out of Google Analytics’ services, is available from the following link: https://support.google.com/analytics/answer/2700409?hl=en&utm_id=ad.
II. Tactio Content.
The Services contain Content provided by us and our licensors (“Tactio Content”). We and our licensors (including other Users) own and retain all proprietary rights in the Tactio Content and we own and retain all property rights in the Services. Provided you are a User, and subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Tactio Content from the Services solely for your personal use in connection with using the Services. Nothing in this Agreement shall be interpreted in granting any licenses in any Tactio Content aside from those explicitly granted herein.
III. Content from Users.
Content from other Users, advertisers, and other third parties is made available to you through the Services. Because we do not control such Content, (a) we are not responsible for any such Content, including advertising and information about third party products or service, employer and salary-related information provided by other Members through Employment Information and (b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.
By visiting, accessing and using the Tactio Website, you consent to the Terms of this Agreement
“Account” means a user’s subscription and/or means to access the System.
“Applicable Law(s)" means all applicable laws, regulations, rules, and guidance to which you are subject, whether by jurisdiction or organizational affiliation, including, but not limited to, any ethics or institutional review board (IRB) requirements, or institution or office/practice policies, or procedures.
“Confidential Information” means any information concerning Tactio’s business, financial affairs, current or future products or technology, trade secrets, workforce, customers or any other information that is treated or designated by Tactio as confidential or proprietary, or would reasonably be viewed as confidential, proprietary, or as having value to competitors.
“Content” means data and electronic information of any kind, including but not limited to text, digital images and metadata, uploaded or otherwise provided to the Services and/or the System.
“Health Information” means identifiable information, including text, digital images, sound recordings and other data, concerning past, present or future medical or mental health condition or past, present or future medical treatment or payment for medical or mental health treatment that is traceable or identifiable to an individual.
“Notice” means the posting of any modification or amendment (on the system/on the website) thirty (30) days prior to the date upon which the modification or amendment becomes effective.
“Personal Information” means information that identifies you personally as a User of the System and all pertinent information concerning you and your use of the System.
“Services” means the Website and applications and platforms to which you may be granted access, which may include the Tactio RPM 1000™ application, Tactio cloud services powered by RPM7000™ and Tactio website.
“System” means Tactio mobile applications, web applications, website, servers and networks, wherever situated.
“User” means you and any other User of the System.
“User ID” means a unique User identification used by a User to access the System.
“Website” means the websites and social medial platforms of Tactio Group.
1. Authority to Enter Agreement
If you are entering into this Agreement on behalf of a company or business, you represent that you have the authority to bind such entity, its Members, Owners, and its affiliates to this Agreement. In that case, the terms “you” or “your” shall also refer to such entity, its Members, its Owners, and its affiliates, as applicable. If you do not have such authority, or if you do not agree with this Agreement, you may not use the System or any of the Tactio applications.
2. Ownership and Intellectual Property
The Website and all Content on the Website is owned by Tactio and is protected by the federal intellectual property and copyright laws of Canada, and the United States, and certain international treaty provisions. Tactio owns and retains all rights, title and interest including, patents, trade-marks, copyrights, trade secrets and other intellectual property rights in and to the Content, including but not limited to, source codes, images, photographs, animation, themes, titles, characters, video, audio, music, and text embodied or contained, therein.
a. Right, Title and Interest
You acknowledge that all right, title and interest in any and all Tactio technology including, but not limited to, Website Content, data and metadata provided by Tactio in connection with the Services and any trademarks or service marks of Tactio or third parties whose products or services are utilized in connection with Tactio’s provision of the Services (other than information you provide) (collectively, the “Tactio Intellectual Property”) is vested in Tactio and/or in Tactio’s affiliates. Unless otherwise expressly stated in this Agreement, you shall have no right, title, claims or interest in or to the Tactio Intellectual Property, and you may not use, copy, modify or translate the Tactio Intellectual Property or related documentation, or decompile, disassemble or reverse engineer the Tactio Intellectual Property, or grant any other person or entity the right to do so. Unless otherwise expressly stated in this Agreement, you are not authorized to distribute or to authorize others to distribute the Tactio Intellectual Property in any manner without the prior written consent of Tactio.
b. License to Use Your Content
Subject to the terms of the Tactio Information Ownership Policy and/or Tactio Clinical Information Ownership Policy, as applicable and available at (hyperlink to policies) and incorporated by reference herein, You hereby provide an irrevocable, non-exclusive, worldwide license to Tactio of any intellectual property rights, whether copyrights, trademarks, trade dress, patents, trade secrets, rights of publicity or right of privacy, which you may have in any Content or other materials (the “Licensed Materials”) which you may provide to the System so as to, among other things, allow Tactio (a) to operate and maintain the System for its intended uses as specified in this Agreement, (b) to maintain and reproduce such Licensed Materials within the System as permitted by applicable law, (c) to provide access to such Licensed Materials to Approved Users, and (d) to incorporate such anonymized Licensed Materials into derivative works as permitted by law, including, but not limited to, publications concerning statistical research, statistical compilations and reports on or about the System.
c. DMCA Compliance
1) You acknowledge and agree that, pursuant to the United States Digital Millennium Copyright Act (“DMCA”), Tactio may respond in accordance with the requirements of the DMCA to “take-down” notices from third parties which allege that the inclusion in the System of information that you provide violates their copyrights. In so doing, Tactio may elect to remove (or require you to remove) such allegedly infringing information from the System unless you object to the allegation of infringement, in which case Tactio in its sole discretion may elect to maintain or restore the allegedly infringing information to the System pending the outcome of litigation which you may institute against the alleged copyright owner pursuant to the DMCA. You will cooperate fully with Tactio to assure compliance with the DMCA upon receipt by Tactio of any “take-down” notice issued by any third party, and in so doing, to promptly inform Tactio whether you object to any such “take-down” notice and, if so, whether you will institute litigation to challenge the allegations of copyright infringement.
2) Notice and Procedure for Making Claims of Copyright Infringement
Tactio respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Tactio’s copyright agent the written information specified below:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work or works that you claim have been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Tactio’s Copyright Agent for notice of claims of copyright infringement on the Tactio Site can be reached as follows:
ATTN: DMCA Copyright Agent
290 Place D'Youville, Montreal, Quebec, Canada H2Y 2B6
Fax: (514) 657-7532
Please note that this procedure is exclusively for notifying Tactio and its subsidiaries that your copyrighted material has been infringed.
You may not rent, lease, loan, or grant a security interest in the Content, or transfer your license to use the Content. You may not reverse-engineer, decompile or disassemble the Website. You may not modify, distribute, copy, adapt, translate, or create derivative works based upon the accompanying materials.
This Agreement is effective for an unlimited duration unless and until terminated in accordance with this section. You may terminate this Agreement at any time. Without prejudice to any other rights it may have, Tactio may terminate this Agreement upon written notice if you do not abide with the terms and conditions contained herein. Tactio may also, at all times, terminate for convenience this Agreement upon written notice to you.
5. DISCLAIMER REGARDING HEALTH & MEDICAL INFORMATION
THE WEBSITE AND SERVICES ARE NOT A SUBSTITUTE FOR, AND DOES NOT PROVIDE, MEDICAL ADVICE. THE WEBSITE AND APPLICATIONS ARE PROVIDED FOR PERSONAL EDUCATIONAL, INFORMATIONAL, CONVENIENCE AND ENTERTAINMENT PURPOSES ONLY AND ARE NOT TO BE USED FOR THE DIRECTION OF CARE OF INDIVIDUAL PATIENTS UNLESS OTHERWISE EXPLICITLY SPECIFIED. THE WEBSITE IS GENERAL IN NATURE AND IS NOT INTENDED FOR ANY PARTICULAR PURPOSE, INCLUDING, IN ANY WAY, TO BE A SUBSTITUTE FOR A MEDICAL EXAM OR PROFESSIONAL MEDICAL ADVICE, MEDICAL OPINION, DIAGNOSIS OR TREATMENT, SYMPTOM ASSESSMENT, HEALTH COUNSELING OR MEDICAL OPINION FOR END USERS. THE CONTENT IS LIMITED TO PROVIDING END USERS WITH ACCESS ONLY TO HEALTH INFORMATION AND OTHER INFORMATION STORED BY SUCH END USERS. ALWAYS SEEK THE ADVICE OF APPROPRIATELY QUALIFIED AND REGULATED HEALTH PROVIDERS WITH ANY QUESTIONS YOU MAY HAVE WITH REGARD TO A SPECIFIC MEDICAL CONDITION FOR WHICH YOU ARE CONCERNED. IT IS IMPORTANT NOT TO DISREGARD OR DELAY SEEKING CONSULTATIVE ADVICE BECAUSE OF SOMETHING YOU HAVE READ OR VIEWED IN THE CONTENT. RELIANCE ON ANY INFORMATION PROVIDED IN THE CONTENT IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE INFORMATION.
6. ADDITIONAL DISCLAIMERS; NO WARRANTIES
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, CONTENT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES YOU ASSUME ALL RISKS AND RESPONSIBILITIES ASSOCIATED WITH THE SELECTION AND USE OF THE CONTENT AS AN AID IN ACHIEVING YOUR PERSONAL GOALS AND OBJECTIVES, AND FOR THE INSTALLATION OF, USE OF AND RESULTS OBTAINED FROM THE SERVICES OR CONTENT. TACTIO MAKES NO WARRANTY THAT THE SERVICES WILL BE ERROR-FREE OR FREE FROM INTERRUPTION OR FAILURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, TACTIO DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE SERVICES AND THE ACCOMPANYING WRITTEN MATERIALS.
a. YOU AGREE THAT TACTIO TAKES NO RESPONSIBILITY FOR AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ANY INACCURACIES OR DEFECTS IN THE INFORMATION, CONTENT OR WEBSITE DATA, COMMUNICATION LINES, INTERNET OR YOUR INTERNET SERVICE PROVIDER ("ISP"), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THESERVICES.
b. Carrier Lines
YOU ACKNOWLEDGE THAT ACCESS TO THE SYSTEM WILL BE PROVIDED OVER VARIOUS FACILITIES AND COMMUNICATIONS LINES, AND INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES, AND OTHER DEVICES (COLLECTIVELY, "CARRIER LINES") OWNED, MAINTAINED, AND SERVICED BY THIRD-PARTY CARRIERS, UTILITIES, AND INTERNET SERVICE PROVIDERS, ALL OF WHICH ARE BEYOND OUR CONTROL. WE ASSUME NO LIABILITY FOR OR RELATING TO THE INTEGRITY, PRIVACY, SECURITY, CONFIDENTIALITY, OR USE OF ANY INFORMATION WHILE IT IS TRANSMITTED ON THE CARRIER LINES, OR ANY DELAY, FAILURE, INTERRUPTION, INTERCEPTION, LOSS, TRANSMISSION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION ATTRIBUTABLE TO TRANSMISSION ON THE CARRIER LINES. USE OF THE CARRIER LINES IS SOLELY AT YOUR RISK AND IS SUBJECT TO ALL APPLICABLE LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS.
7. Limitation of Liability.
YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, SERVICES AND THE INFORMATION CONTAINED THEREIN. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TACTIO BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, DAMAGE TO EQUIPMENT, HARDWARE OR SOFTWARE FAILURE, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRCT, TORT, BREACH OF CONTRACT OR ANY OTHER THEORY, UNLESS THE INABILITY TO USE THE WEBSITE OR CONTENT RESULTS FROM THE INTENTIONAL CONDUCT OR GROSS NEGLIGENCE OF TACTIO, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TACTIO MAKES NO WARRANTY OR REPRESENTATION THAT THE INFORMATION OR FUNCTIONS CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS. FURTHERMORE, TACTIO DOES NOT WARRANT THAT ALL ERRORS, DEFECTS OR INEFFICIENCIES WILL BE CORRECTED, NOR DOES TACTIO ASSUME ANY LIABILITY FOR FAILURE TO PROVIDE SUPPORT SERVICES AND TO CORRECT ANY SUCH ERROR, DEFECT OR INEFFICIENCY. YOU UNDERSTAND THAT UNDER NO CIRCUMSTANCES SHALL TACTIO BE LIABLE FOR ANY INDIRECT, SPECIAL, ACCESSORY, EXEMPLARY OR PUNITIVE DAMAGES SUFFERED BY YOU, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH YOU, OR ANY OTHER THIRD PARTY INCLUDING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF. IN NO EVENT WILL TACTIO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN CONTRACT, EXTRACONTRACTUAL OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES.
a. Unauthorized Access; Lost or Corrupt Data
WE ARE NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO YOUR DATA, FACILITIES, OR EQUIPMENT BY INDIVIDUALS OR ENTITIES USING THE SERVICES OR SYSTEM OR FOR UNAUTHORIZED ACCESS TO, ALTERATION, THEFT, CORRUPTION, LOSS ,OR DESTRUCTION OF YOUR DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH THE SERVICES OR SYSTEM, WHETHER BY ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER MEANS. YOU ARE SOLELY RESPONSIBLE FOR VALIDATING THE ACCURACY OF ALL OUTPUT. YOU HEREBY WAIVE ANY DAMAGES OCCASIONED BY LOST OR CORRUPT DATA, INCORRECT REPORTS, OR INCORRECT DATA FILES RESULTING FROM PROGRAMMING ERROR, OPERATOR ERROR, EQUIPMENT OR SOFTWARE MALFUNCTION, SECURITY VIOLATIONS, OR THE USE OF THIRD-PARTY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY INFORMATION TRANSMITTED OR RECEIVED THROUGH OUR PROVISION OF THE SERVICES.
Tactio will endeavor to protect Your Health Information and Personal Information using reasonable security measures. While the security measures are expected to reasonably protect your information and your use of the Services, Tactio does not warrant that your data will be completely secure. There are risks inherent in placing information on and accessing information from the Internet if you have any concerns regarding the security of your information or the use of the Internet to access your Health Information through the Services or System, you should consider not creating a Tactio account.
a. Third-Party Links: The Website may contain links or references to other independent third-party websites (the “Linked Sites”). The Linked Sites are provided solely as a convenience to you and an information resource. The Linked Sites are not hosted by or on Tactio’s servers or under Tactio’s control, maintained by Tactio or affiliated with any services provided by Tactio. Tactio is not responsible for the content, security, availability, accuracy or practices of the Linked Sites and expressly disclaims any responsibility for malware, worms, time bombs, bots, or any other harmful or deleterious programs or materials in said links or Linked Sites. You assume all risk and responsibility You or an agent, servant, employee or End User clicks on a link on the Website and You, on Your and their behalf, irrevocably waive any claim against Tactio for use of the Linked Sites.
10. Compliance with Applicable Laws
It is your responsibility to comply with, and ensure that your use of the Services or System complies with, all applicable local, state, provincial, national, and foreign laws and regulations, including without limitation all laws relating to data privacy, international communications and the export and transmission of technical data and other regulated materials. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. The Services are not available in all languages nor are they available in all countries, notwithstanding that the Services may be accessed from, displayed on or linked to a particular Mobile Device. Tactio makes no representation that the Services are appropriate or available for use in any particular location. To the extent you choose to access the Services, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Tactio and its affiliates reserve the right to change, suspend, remove, or disable access to the Services at any time without notice. In no event will Tactio be liable for the removal of or disabling of access to any such Services.
You agree to indemnify Tactio and its directors, officers, employees, agents, successors and permitted assigns, from and against any and all Claims and Proceedings directly or indirectly arising from, connected with or relating to: (a) your use of the Servces; or (b) any negligence, misconduct, or breach of this Agreement by you. In this Agreement, “Claims” means third party claims, counterclaims, complaints, demands, causes of action, liabilities, obligations, damages, legal fees, costs, expenses, and disbursements, including without limitation reasonable attorneys’ fees and court costs, of any nature or kind, whatsoever and howsoever arising, whether known or unknown, whether in law or in equity or pursuant to contract, tort, extra-contractual or statute, and whether in any court of law or equity or before any arbitrator or other body, board or tribunal; and “Proceedings” means third party actions, suits, proceedings, and hearings of any nature and kind in any court of law or equity or before any arbitrator or other body, board or tribunal.
a. YOU FURTHER AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS TACTIO AND OTHER USERS, AND OUR AND THEIR AFFILIATES, OFFICERS, DIRECTORS, AND AGENTS, FROM AND AGAINST ANY CLAIM, COST OR LIABILITY, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF: (A) THE USE OF THE SYSTEM BY YOU; (B) ANY BREACH BY YOU OF ANY REPRESENTATIONS, WARRANTIES OR AGREEMENTS CONTAINED IN THIS AGREEMENT; (C) THE ACTIONS OF ANY PERSON GAINING ACCESS TO THE SYSTEM UNDER A USER ID ASSIGNED TO YOU; (D) THE ACTIONS OF ANYONE USING A USER ID, PASSWORD OR OTHER UNIQUE IDENTIFIER ASSIGNED TO YOU THAT ADVERSELY AFFECTS THE SYSTEM OR ANY INFORMATION ACCESSED THROUGH THE SYSTEM, INCLUDING BUT NOT LIMITED TO A SECURITY BREACH; AND (E) YOUR NEGLIGENT OR WILLFUL MISCONDUCT.
12. Severability and Complete Understanding.
If any provision of this Agreement is found to be contrary to law or otherwise invalid or unenforceable by a court of competent jurisdiction, then such provision shall be limited to the minimum extent necessary to effect the order of the court and construed in a way to most closely reflect the intentions of the parties. All other provisions shall remain in full force and effect. Tactio’s failure to insist on or enforce strict performance of this Agreement shall not constitute a waiver of any provision or any right, nor shall any course of conduct between Tactio and you or any other party be deemed to modify any provision of this Agreement. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding to the parties and supersedes and cancels all previous written, oral, or other agreements, communications, and understandings relating to the subject matter of this Agreement. Both parties further agree that any waivers and modifications must be in writing and signed by both parties, expect as otherwise provided in this Agreement. No agency, partnership, joint venture, employment, or other kind of relationship is created as a result of this Agreement unless expressly granted by the terms of this Agreement and you do not have any authority of any kind of bind Tactio in any respect whatsoever
a. Tactio may assign this Agreement and its rights and obligations hereunder without your consent or the consent of any persons you represent.
b. This Agreement is governed by the laws of Quebec and the federal laws of Canada and the United States applicable therein, without reference to conflict of laws principles. Each of the parties hereto irrevocably consents to the exclusive jurisdiction to the Courts of Quebec and further agrees to commence any litigation which may arise hereunder in the Courts located in the judicial district of Quebec.
c. The parties hereto have agreed that the present Agreement and its associated documents be drawn up in English only. Les parties aux présentes conviennent que le présent contrat et les documents y afférant soient rédigés en anglais seulement.
13. Contact Information
Should you have any questions, complaints or claims with respect to this Agreement, the Website, or if you desire to contact Tactio for any reason, please contact:
Tactio Health Group
290 Place d’Youville
Montreal, Quebec, H2Y 2B6
Attention: Legal Counsel
Telephone number: +1 (514) 657-7628
E-mail address: email@example.com