Privacy Policy
Veridian Healthcare, LLC an Illinois company (“Veridian”) provides these apps under the names MyHealthConnected / Trackstar and hereby establishes this Agreement between itself and the individual reviewing this document (“User” or “Users” in this Agreement). Veridian provides certain services in the form of devices and software provided by Veridian Healthcare, LLC (the “Product” or “Products”) designed to Users in obtaining and recording certain health parameters. By using this software, you as a User are accepting the User Agreement under the following terms and conditions:
1. Term of Agreement and Services
1.1. Starting Date.
This User Agreement is effective at the time the User begins to use the application and “Accepts” the terms and conditions within the application.
1.2. Termination of Agreement.
This User Agreement may be terminated at any time by deleting the application from its deployed device. Veridian reserves the right at all times to make available changes to the application or to terminate support for the agreement by discontinuing future updates and downloads.
2. No Healthcare Advice, Non-reliance
The Products are designed to obtain and record certain health parameters. These products are FDA medical devices approved for home patient use and the User should not rely on these readings for medical decisions. Users should discuss any readings that are provided by the Products with a medical professional and rely on the advice given by the medical professional. Furthermore, the Products should not be considered to be diagnostic nor should any condition or treatment by inferred by any aspect of the Products. In any instance in which the User has any symptoms or concerns for their health, the User should not delay and immediately seek care from a licensed healthcare provider. The User acknowledges the non-reliance of the Products and hereby waives any claim against Veridian or its subsidiaries for the use, presentation or interpretation of readings by the Products.
3. Privacy
The application resides on the User device and will collect data from devices paired to the device through the application. The application will collect and store this information, along with any personal information you as a User choose to enter into the relevant fields in the application. All entered and collected data pertaining to the use of this application (the “Data”) resides only on the device and is not shared, transmitted or otherwise disseminated other than through any device backup service that the User may use or employ. Veridian does not monitor, backup, or otherwise store any Data. User assumes all responsibility for the Data, how it is used, how it is disseminated or shared. Veridian has no ability to access the Data nor does Veridian have the ability to delete, restore or otherwise provide copies of the Data to any entities including the User. Veridian shall not be held responsible for any aspect of the Data including but not limited to the quality of the Data, any transmission or reception errors of the Data, any reporting of Data, or any losses of Data under any circumstances. Veridian does not represent that the Data is stored securely or encoded. Any person who has access to the device may have access to the application and therefore to the Data. User hereby holds Veridian harmless for any unintended dissemination of the Data.
4. Intellectual Property Rights, Non-Reverse Engineering
4.1. Use.
Users may not use the Products for any other purpose than explicitly described in the Products. User may not resell, distribute or otherwise engage in the commercialization of the Products.
4.2 Proprietary Information.
The Product designs and operations are owned by Veridian and are subject to all protections through trademarks and patents and associated intellectual property laws and treaties. In no circumstances shall a User, or a User’s agents, affiliates, associates or other known persons to the User (collectively “User Group”) reverse engineer or attempt to obtain any source code of the software or mimic or copy the Products (both appearance and function).
4.3. Relabeling.
User Group is prohibited from relabeling the Products for any commercial process or to disguise the ownership of the Products for the purposes of investigating, reverse engineering or copying the Products by a third party.
4.4. SDK.
The SDK employed by the Products are owned by Veridian and shall be considered confidential and protected in all instances as Intellectual Property of Veridian.
5. Limitation of Liabilities
5.1. Disclaimer of Warranties.
To the greatest extent permitted by applicable law, Veridian, its affiliates and its suppliers provide the Products “as is” and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to any implied warranties, duties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, quiet possession, security, conformity to description, non-infringement, reliability or availability, accuracy or completeness, results, lack of viruses, all with regard to the Products or otherwise arising out of the use of the Products. All risks associated with the use of the Products is borne by the User.
5.2. Exclusion of Incidental, Consequential and Certain other Damages.
To the maximum extent permitted by applicable law, in no event shall Veridian Healthcare, LLC, or its suppliers be liable for any special, incidental, punitive, indirect or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other data or information, business interruption, personal injury, loss of privacy, failure to meet any duty including good faith or reasonable care, negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to Users use of or inability to use the Products, the provision of or failure to provide the Services, or otherwise arising out of Your use of the Services, or otherwise under or in connection with any provision of this license, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of Veridian, its affiliates or any supplier, even if Veridian, its affiliates or supplier has been advised of the possibility of such damages.
5.3. Limitation of Liability and Remedies.
Notwithstanding any damages that You might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything other instances, User agrees to sole and exclusive remedy shall be the price paid for the Products. The foregoing limitations, exclusions and disclaimers shall apply to the greatest extent permitted by applicable law, even if any remedy fails its essential purpose.
6. Dispute Resolution
6.1 No Class Action.
User agrees that any claims will be adjudicated solely on an individual basis, and User waives the right to participate in a class, collective, private attorney general action or other joint action in respect to any claims that may arise under this User Agreement or the provision of Products.
6.2. Dispute resolution & binding individual arbitration and waiver of class/representative actions and jury trials (“Agreement to Arbitrate”)
The informal resolution and binding individual arbitration requirements in this “Dispute resolution” section apply to all Disputes between you and Veridian. “Dispute” means any dispute, claim, or controversy (excluding those exceptions listed below) between you and Veridian, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party seeks legal recourse for, and irrespective of whether the Dispute relates to the Products. In Disputes involving minors, claims asserted by the minor(s) and by the minor’s or minors’ parent(s) or guardian(s) are subject to this agreement to arbitrate. A Dispute is subject to this Agreement to Arbitrate, whether it arose before, on, or subsequent to you entering these Terms, and if not resolved through the informal dispute resolution procedure outlined below, shall be exclusively resolved by individual, binding arbitration in accordance with this Agreement to Arbitrate. The scope of Disputes delegated to the arbitrator to decide shall be construed as broadly as applicable law allows, and explicitly extends to Disputes relating to the interpretation, applicability, or enforceability of this Agreement to Arbitrate, including any claim that all or any part of the Terms, including this Agreement to Arbitrate, is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether any part of the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. The sole exceptions to the requirement to arbitrate Disputes are (1) you and Veridian each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (2) Disputes may be brought as individual actions in small claims court in the jurisdiction where you reside, if that small claims court has jurisdiction to hear the Dispute; and (3) procedural issues that this Agreement to Arbitrate expressly says are for a court to decide, such as whether a party complied with pre-dispute informal resolution requirements.
Unless otherwise prohibited by law, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).
In the event of a Dispute, you and Veridian will attempt to resolve the Dispute informally before an arbitration is filed. To notify Veridian of a Dispute, you must send a written notice of such Dispute (a “Notice of Dispute”) stating the name, address, and contact information of the party giving notice; the facts giving rise to such Dispute; and the relief requested. You must send any Notice of Dispute by mail to Veridian Healthcare, 1175 Lakeside Drive, Gurnee, IL 60031. We will send any Notice of Dispute to you at the email address or mailing address we have for you, if any. All statutes of limitations applicable to the Dispute will be considered tolled beginning on the day one of us ends a compliant Notice of Dispute to the other. You and Veridian agree to attempt in good faith to resolve any Dispute through informal negotiation for 60 days after the notice of such Dispute is sent. After the end of that 60-day period and not before, you or Veridian may commence an arbitration proceeding as set forth in this Agreement to Arbitrate. If you or Veridian proceeds to arbitration without having provided a compliant Notice of Dispute and waiting until the conclusion of the 60-day negotiation period, a court may enjoin the filing and order the party that has not followed this mandatory informal resolution process to reimburse the other party for any arbitration fees and costs already incurred. The compliance of a Notice of Dispute with these Terms, including whether a Notice of Dispute contained all required information, is an issue to be decided by a court. We hope you will try informal resolution with Veridian before bringing an individual action in small claims court, but informal resolution is mandatory only as a prerequisite to arbitration.
These Terms affect interstate commerce, so the Federal Arbitration Act, 9 U.S.C. § 1, et seq., governs the interpretation and enforcement of this Agreement to Arbitrate, which shall be conducted by National Arbitration and Mediation (“NAM”), https://namadr.com, according to NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time the Dispute arose.
Instructions for filing a Demand for Arbitration with NAM are available on the NAM website or by emailing NAM at commercial@namadr.com. You will send a copy of any Demand for Arbitration to Veridian Healthcare, 1175 Lakeside Drive, Gurnee, IL 60031. Veridian will send any Demand for Arbitration to the email address and to any billing address you have provided us, if any.
You and Veridian both agree that the arbitration will be conducted in the English language. The arbitrator will apply all applicable contractual terms as a court would and will adjudicate any Disputes according to applicable law and fact based only upon the record before the arbitrator.
6.3 Applicable Law
This Agreement shall be interpreted consistently with federal law applicable to the parties, provided that state law issues shall be exclusively interpreted according to the laws of the State of Illinois, without regard to choice of law principles.
6.4 Jurisdiction and Venue
Jurisdiction and venue for any action regarding injunctive relief under this License shall be in the Northern District of Illinois. The User hereby waives all defenses of lack of personal jurisdiction and forum non conveniens.
6.5 Legal Fees and Costs
In the event of legal proceedings for injunctive relief arising from or pertaining to this Agreement, the substantially prevailing party shall be awarded reasonable attorneys fees and costs of litigation, including any on appeal or in bankruptcy proceedings.
7. Amendment
Veridian reserves the right to amend the terms of this User Agreement at any time by publishing a new version of the Agreement and making it available online.
8. Severability
If any portion of this User Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.