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• - Each user acknowledges and agrees that TrakMD is not a healthcare or health service provider and is not liable for the care of any user of healthcare services or any other services that can be booked through it. 
• - The services offered by TrakMD are neither intended nor able to address immediate urgent healthcare emergencies. If a patient requires immediate urgent healthcare assistance, he should contact emergency services or attend the nearest hospital emergency center.  
• - TrakMD does not: 
• a) Endorse or recommend any doctor 
• b) Hold responsibility for incorrectly charged appointments
• c) Guarantee the availability of a doctor 
• - Each user acknowledges and agrees that TrakMD is not a healthcare or health service provider and is not liable for the care of any user of healthcare services or any other services that can be booked through it. 
• - Each user grants the TrakMD a license to publish, in accordance with the Privacy Policy, any comment, feedback, review or testimonial provided by the user to TrakMD.  
•  If you are a Customer or a patient, you must create a user account to use the Services ("Account"). In relation to your Account, you agree to: 
• a) Provide accurate, true and real details on any registration or account profile form; 
• b) Keep your Account username and password confidential and secure; 
• c) Maintain only one Account to access the Services; and
• d) Only register an Account if you are 18 or older. 
• e) It is your responsibility to update any change in your cell phone number, that you use to login to your TrakMD account, on your TrakMD account. In case, the cell phone number you use to login to your TrakMD account is lost or becomes inactive, you must report this to TrakMD support team at support@trakmd.com. TrakMD does not assume responsibility for any loss or breach of account upon failure to report change of your cell phone number.
• - You agree that your use of the Services is subject to your compliance with the following requirements: 
• a) You may not use your Account to impersonate any person, or stalk or harass another person; 
• b) You may not use the Services or your Account in a fraudulent or illegal manner; 
• c) You may not intentionally or recklessly use the Services in a way that materially adversely impacts upon the performance of our Services for other Providers or Customers; 
• d) If you are a Provider, you must use your best endeavors to contact a Customer promptly if you become aware that you will not be able to fulfill such Customer's appointment. We may terminate your Account if you repeatedly are unable to fulfill Customers' appointments in a timely manner. Before we terminate your Account, however, we will provide you with notice of such problems and give you a reasonable opportunity to remedy them.
• e) If you are a Customer, when making an appointment with a Provider, you must genuinely intend to attend that appointment. We may terminate your Account if you repeatedly do not show up to appointments that you have made and have not cancelled that appointment with reasonable advance notice to the Provider. 
• - Users agree to keep any passwords provided by TrakMD confidential.  Users are expressly prohibited from sharing their username and password with third parties and must take all reasonable steps to keep their passwords secure.  
• - Termination of user’s account: 
• a) TrakMD reserves the right to limit, cancel, suspend or terminate a User’s Account without providing a reason if TrakMD believes the user is breaching any of the material terms of this Agreement.
• b) Users agree not to hold TrakMD liable for claims, demands or damages (including actual and consequential) of any kind for the closing and user’s account for breach of these terms and conditions.  
• - You must be 18 or older to register or use TrakMD services. By registering or using TrakMD services you acknowledge that you are 18 years of age or older. 
• - The user is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:
• a) The fact that certain information is being collected;
• b) The purpose for which the information is being collected;
• c) The intended recipients of the information;
• d) The nature of collection and retention of the information
• e) The name and address of the agency that is collecting the information and the agency that will retain the information
• f) The various rights available to such users in respect of such information.  
• - If a user provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or TrakMD has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TrakMD has the right to discontinue the Services to the user at its sole discretion.  
• - TrakMD reserves the right to modify or revise these Terms and/or the Privacy Policy or any of its other policies at any time and at its sole discretion. 
• - You understand and agree that your continued access to this site and the services after any modifications to these terms, the privacy policy or any other policy indicates your acceptance of such modifications. 
• - You will have the opportunity to submit feedback regarding your experiences with doctors, dentists and/or other healthcare providers who are featured on TrakMD. It is important that you act responsibly when providing this feedback. Please give clear, honest information about the Healthcare Provider and your experiences, but do not use inappropriate language or make gratuitous personal criticisms or comments. We reserve the right to remove feedback for any reason.  
• - The feedback will be made available and public at TrakMD’s discretion. TrakMD shall have no liability to the user, and the user hereby releases TrakMD from all claims related to, arising from or in connection with customer feedback.  
• - TrakMD does not accept any responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its services for any reason whatsoever.  
• - You understand and agree that we may, but are not obligated to, monitor, edit or remove any Content for any or no reason at any time. We are not responsible, however, for any delay or failure in removing any Content. 
• - We reserve the right to monitor any and all use of our Services, and investigate any activity we suspect violates these Terms, a User Agreement, our rights or interest, or the rights or interests of any person or entity.  
• - You will indemnify, defend and hold harmless TrakMD and any of its affiliates, officers, directors, employees, agents, representatives, partners and licensors from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, losses, or expenses, including attorneys' fees, costs and disbursements, arising out of or in any way connected with your use of our Services. 
• - All of the healthcare providers who deliver Services through TrakMD are independent professionals solely responsible for the services each provides to you. TrakMD does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by healthcare providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither TrakMD nor any third parties who promote the Services or provide you with a link to the Service shall be liable for any professional advice you obtain from a healthcare provider via the Services.
• - TrakMD grants its users the right to access and use the services, software and/or the TrakMD Site and to permit its practice members, agents the right to access and use the services, software and/or the TrakMD Site solely on user’s behalf; provided, however, that user shall be responsible for any use of the services, software and/or the TrakMD Site by such practice members. The user also grants TrakMD the right to access and interact with his practice management system, calendar system and patient database, and to copy, extract and use data as necessary to perform the services. User expressly agrees and acknowledges that TrakMD shall not be subject to any terms not set forth herein with respect to user’s systems, including, but not limited to, any applicable click-through agreements TrakMD may be required to submit in connection with its use thereof.
• - Account information shall be held in strict confidence by the user and he will be solely responsible for any disclosures of his account information or use thereof by any unauthorized third party. TrakMD reserves the right to disable any account upon its reasonable belief that the security with respect to that account has likely been or will be compromised.
• - The user agrees to validate his or her phone number to ensure a better and solid healthcare provider-patient interaction. 
• - The user shall not himself, or allow a third party, to reverse engineer, attempt to discover the source code of any part of the software or use the software in any way whatsoever other than the explicit TrakMD services. TrakMD reserves the right to disable the software at its own discretion upon belief of a violation of its terms and conditions. 
• - The healthcare provider’s acceptance of an appointment made via TrakMD for a customer asserts their acceptance of the customer as a patient. The healthcare provider is fully and solely responsible for all care rendered to customer, and for collecting payment from customer. TrakMD will have no responsibility for collection or any liability whatsoever for fees for services when unpaid by customers. 
• - The healthcare provider acknowledges and agrees that the customer will not be held liable for anything related to an appointment based on out-of-date or incorrect information.
• - The healthcare provider will respond to TrakMD scheduling requests on behalf of customers within a reasonable amount of time. The healthcare provider acknowledges that excessive rescheduling or cancelling of customer appointments may result in their practice being removed, or otherwise affected in the order of display of, appointment listings available to customers.
• - TrakMD may, but is under no obligation, delete any content it believes, at its sole discretion, to be inappropriate to be featured on any of its interfaces. 
• - The user optionally shares his personal health record with the healthcare provider upon an appointment confirmation with that healthcare provider. 
• - Confidentiality: Some of healthcare providers operating on TrakMD are subject to Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health of 2009 (HITECH), governing the use and disclosure of health information they create or receive. TrakMD serve as business associate as defined by HIPAA and HITECH Acts. Given this, TrakMD is required to apply appropriate technical, physical, and administrative safeguards to ensure the confidentiality, integrity, and security of protected patient health information. Besides, TrakMD places appropriate safeguards to protect the privacy of personal health information, and sets limits and conditions on the uses and disclosure that might be made of such personal health information without patient authorization. We also recognize the patients’ rights over their health information.
• - TrakMD retains all proprietary rights, title, and interest, including, without limitation, all patents, copyrights, trademarks, service marks and trade secrets embodied therein in and to any inventions, data, information, know-how, logos, ideas, concepts, technology, software and documentation related to or resulting from the utilization of the services, software and/or the TrakMD Site.
• - If the health insurance coverage does not include or is not sufficient to satisfy the services charges in full with any of TrakMD listed healthcare providers, the user may be fully or partially responsible for payment. 
• - TrakMD is not liable for any information or links provided by any other website or source of information, nor for the users’ use of such information or links.
• - The healthcare provider acknowledges that TrakMD is not responsible for:
• a) The cancelling or rescheduling of appointments made through its services. 
• b) The provision of services as a result of reliance on any customer personal information or other data provided through TrakMD services. 
• c) The results that may be obtained from the use of TrakMD services. 
• d) The accuracy or reliability of any data provided by the customers. 
• - The healthcare provider guarantees that all information about practice members’ specialties, hospital affiliations, memberships, board certifications, insurance participation and contact information are complete and accurate.
• - The healthcare provider acknowledges the possession of a valid and unexpired license for all jurisdictions in which he or she practices medicine.
• - The healthcare provider ensures that he or she maintains a professional liability insurance coverage and other insurance of the types that are consistent with the industry standards. 
• - The healthcare provider treats all patients without regard to patients’ race, ethnicity, religion, gender, sexual orientation, disability or other unlawful considerations. 
• - TrakMD will not be held liable for any loss of data or revenue by the healthcare provider or any of the members of a practice signed up with TrakMD.
• Any use of the name, trade name, trademark or service mark of TrakMD will be subject to a prior written approval of TrakMD. In addition, it will be subject to quality control guidelines and trademark usage policies. TrakMD reserves the right to terminate the right to the use of its mark upon doubt of violation of any of its guidelines or policies. 
• - The healthcare provider grants TrakMD a non-exclusive and free license to use its logos in connection with the services under these terms. 
• - Intellectual property: 
• a) TrakMD retains all right, title and interest in and to all Intellectual Property in the in the Application.
• b) Users acknowledge that they do not acquire any Intellectual Property Rights, either express or implied, in the Application and the Documentation beyond the terms contained in these terms of Agreement

Privacy Policy

Please read this policy carefully so that you can understand what our policy and procedures are for dealing with your personal information: