About Family Health Tracker

1. Family Health Tracker (FHT) is a Service (the “Service”) provided by Family Health Tracker, LLC, a Minnesota Limited Liability Company, and/or authorized resellers of the Service (“We”, which includes Family Health Tracker, LLC and its authorized resellers of the Service). This Service is provided directly or indirectly (through Resellers) through the website (“Site”) on the Internet at www.FamilyHealthTracker.com, or through a connection to this Site by Reseller websites.
2. The Service is intended only to provide informational content and tools for registered users to track personal health information.
3. You may only use this Service if you reside in the United States.
4. The Service is provided with no Warranties and is provided with limitations on liability. Be sure to read the Sections below relating to Warranty and Limitation of Liability, for more important information on these.

About This Service Agreement

1. This Agreement (Terms of Service) governs your use of Family Health Tracker, which is provided by Family Health Tracker, LLC, a Minnesota Limited Liability Company, and applies also to any authorized resellers of the Family Health Tracker.
2. By using this Service you acknowledge your acceptance of these terms. If you do not agree to be governed by these terms, then do not use this Service.

Changes to These Terms of Service

1. We may change the Terms of Service at any time as we deem appropriate. Notice will be provided on or through the Service/Site of changes that we deem will have a material impact on your use of the Service.
2. If you do not agree with the changes, then you must stop using the Service. Your ongoing use of the Service and Site after the changes take effect will signify your acceptance of the changes.
3. You should frequently review the Terms of Service to insure your understanding and acceptance of the Terms.

Privacy and Your Personal Information

1. Be sure to review the Family Health Tracker Privacy Terms, available through this Site.
2. We consider your use of the Service, and your personal information data contained therein, to be private.
3. We may access or disclose such private information to comply with the law or legal process served upon us and to investigate potential violations of this Service Agreement.
4. We may access such private information in a way that does not personally identify you, but allows us to aggregate (collect) data to improve the Service or the Site, including the provision to you of relevant information.

Your Responsibilities

1. You are responsible for your own use of this Service and this Site, using your own logon credentials, including use by others to whom you provide your logon credentials.
2. You agree to contact us immediately if you believe your logon credentials have been learned by someone not authorized to have them.
3. You may use this Service and Site only for lawful, non-commercial purposes.
4. You agree to use the content and tools provided through this Service and on this Site only for personal, non-commercial purposes.

No Provision of Medical Advice

1. Nothing in this Service or on this Site is meant to offer medical advice, and is for informational purposes only. The informational content and tools are not meant to be appropriate for all medical conditions or situations.
2.  You should always consult a qualified and appropriate health care provider for any health conditions or situations for you or your family, such as understanding your condition, to change a diet, or take or change a medication.
3. Do not yourself decide to take or not take an action regarding your health based on information from this Service and Site without consulting a qualified and appropriate health care provider.

Changes to Services Provided

1. We may, without notice, add, change, or remove features of the Service and on the Site.
2. Your continued use of the Service after the changes have taken effect constitutes your acceptance of the modified functions of the Service.
3. The use of any new or changed functions of this Service will be governed by these Terms of Service.

Termination of Services

1. We may terminate or suspend your use of the Service and access to the Site immediately and without notice if there has been a violation of the Terms of Service or other requirements and rules of this Site by you or by someone using your account or credentials.
2. Your access to the site will be terminated if you do not renew and pay for your annual license. Your personal data will be maintained for a period of time not to exceed one year should your account lapse due to non-payment of the license renewal.
3. Your right to use the Service and access the Site will end once your account is canceled or terminated, and any data you have stored through this Service may be unavailable after such cancellation or termination. This data may be held for a period of time up to six (6) months to allow time for resuming use of the Service.

Advertising and Marketing of Information

1. There will be no advertising on the Site or through the Service. For example, there will be no “banner ads” or “pop up ads”.
2. There will be use of your information to target ads to you.
3. There will be no use of your information to provide data to any other person or entity. The information you create in your Service account will be only for your use, except to the extent that you allow others to use or otherwise have access to your Service account.

Copyrights and Trademarks

1. All of the content available on the Site is owned by us or our suppliers, and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. The Service and on the Site may have security components that protect digital information.
2. We give you permission to use the content for personal, non-commercial purposes only. You may also print, download, and store content for your own convenience, but you may not distribute, republish (except as permitted in this paragraph), sell, mine, exploit, frame or scrape any of the content, or exploit the content for commercial gain.

U.S. and International Use

1. This Service and the Site providing it, including the information provided on the Site, are designed for and intended for users in the United States. We make no representation that the Service or Site is applicable to, appropriate for, or available to users in locations outside the United States.
2. Accessing the Service and Site from territories where the content is illegal is prohibited. If you choose to access the Service and Site from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

No Warranties

WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICE. CONTENT IN FAMILY HEALTH TRACKER IS DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER FAMILY HEALTH TRACKER, LLC, NOR ANY OF OUR SUPPLIERS MAKE ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE AND OUR SUPPLIERS ALSO DO NOT GUARANTEE THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. NO ORAL OR WRITTEN INFORMATION GIVEN BY A FAMILY HEALTH TRACKER, LLC REPRESENTATIVE SHALL CREATE A WARRANTY. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE. YOU USE THE SITE AND THE SERVICES AT YOUR OWN RISK.

Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US (FAMILY HEALTH TRACKER, LLC OR OUR SUPPLIERS) IS THE CANCELLATION OF YOUR LICENSE AND THE RETURN OF FEES YOU PAID FOR ACCESS TO THE SERVICE AND THE SITE AS EXPLAINED BELOW. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PRIOR TWELVE MONTHS FOR THE SPECIFIC SERVICE AT ISSUE. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, AND FOR ANY PERSONAL LOSSES TO HEALTH OR WELL BEING, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMIATION APPLIES TO ANYTHING RELATED TO THE SERVICE, THE SITE, THE CONTENT CONTAINED THEREIN, OR ANY CALCULATIONS OR NOTICES GENERATED BY THE SERVICE OR THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Site and the Services, or that arise from any third-party through you. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Entire Agreement

This contract and any supplemental terms, policies, rules and guidelines posted through the Service or on the Site constitute the entire agreement between you and us and supersede any and all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Dispute Resolution and Controlling Law