THE LEGAL AGREEMENTS SET OUT BELOW ARE BINDING AND GOVERN YOUR USE OF THE ALL SITES, PRODUCTS AND SERVICES PROVIDED BY TRC WEB AND MOBILE APPLICATION AND TRC WEB AND MOBILE APPLICATION AND ANY OF THEIR AFFILIATES OR SUBSIDIARIES. THESE TERMS AFFECT YOUR RIGHTS, AND LIMIT OR ELIMINATE YOUR ABILITY TO PURSUE ANY CLAIMS FOR DAMAGES. TO AGREE TO THESE TERMS, CLICK “AGREE.” IF YOU DO NOT UNCONDITIONALLY AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” AND DO NOT USE THESE SITES, PRODUCTS OR SERVICES.
- NOT A SUBSTITUTE FOR REGULAR PHYSICIAN-MEMBER RELATIONSHIP TRC provides tools and a platform for managing diabetes. It is not to serve as a substitute for
maintaining a regular physician-member relationship with a physician in your community. TRC is intended for informational purposes only and is not responsible for any uses of entered or supplied information. TRC is not liable for the information provided to you, or not provided to you, by your health care provider through TRC. UNDER NO CIRCUMSTANCES DO YOU CONSIDER TRC TO BE PROVIDING MEDICAL OPINIONS OR ADVICE, AND YOU UNCONDITIONALLY RELEASE AND WAIVE ANY CLAIM AGAINST TRC THAT ANY PRODUCT OR SERVICE MAY BE CONSIDERED TO INCLUDE MEDICAL PRODUCTS, ADVICE, SERVICE, OR
OPINIONS. Such release and waiver is given in accordance with the terms of paragraph 13 herein.
Alerts are not intended to replace your account statements or any other communications we may provide to you regarding your account(s).
- URGENT NEEDS
If a member or caregiver has an urgent need, they must call 911, in lieu of using TRC. TRC shall not be held or considered liable for failure to respond to communications made through the TRC system
in the event of an urgent need, and TRC’s products and services are not intended to be used for such purposes under any circumstances.
- PRIVACY OF INFORMATION
TRC shall use reasonable efforts to protect information submitted by you in connection with the services, but you agree that your submission of such information is at your sole risk, and TRC shall not be responsible to you for any loss or liability relating to such information in any way. TRC does not represent or guarantee that its service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and shall not be responsible for any liability relating thereto.
- ACCOUNT REGISTRATION
Once you become a member of TRC, you are solely responsible for maintaining the confidentiality and security of your web/mobile application username and password, and for all activities that occur under your account. You may change your password at any time by following the menu options found on the TRC website, mobile application or by contacting your caregiver.
You may not select or use a User Name of another person with the intent to impersonate that person or use a User Name in which another person has rights without such person’s authorization. Failure to comply with the above shall constitute a breach of this Agreement, which may result in immediate termination of your account. You agree it is solely your responsibility to take reasonable measures to protect the security of your password.
You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your User Name and Password. You shall immediately notify TRC of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or any other relevant registration details provided. You agree that TRC shall not be responsible for any loss or damage that arises out of the authorized or unauthorized use of your Account.
- CAREGIVER COMMUNICATION
- LINKS TO THIRD-PARTY WEBSITES
In the event TRC includes or provides links to third-party Internet sites that may include information, opinions or recommendations of various individuals, organizations or companies, TRC has no affiliation with such websites or the individuals, organizations or companies responsible for them. In providing such links, TRC does not imply the endorsement of the linked website nor does TRC represent to you that it has investigated the past or current content of information, opinions or recommendations contained on such website; for this reason, you understand and agree that TRC does not warrant or guarantee the accuracy of such information or necessarily subscribe to any such opinions or recommendations, and further, you agree TRC shall not be held responsible for same.
You further agree TRC shall have no responsibility for the practices of those other websites including, but not limited to, the practices related to the privacy of those websites.
- CHANGES TO CONTENT
TRC reserves the right to change content options (including eligibility for particular features) without notice.
- RESPONSIBILITY FOR OWN MESSAGING CHARGES
Text messaging charges and any other email, messaging, or data charges of any kind are the sole responsibility of the user of TRC. TRC shall not be responsible for any wireless email or text messaging charges, or any other data charges incurred as a result of use of any TRC site or services.
- DISCLAIMER OF WARRANTIES
Information supplied by TRC is provided “as is” and TRC does not make any representation or warranty with respect to the contents of this website or information furnished by us or our agents, employees or representatives and specifically disclaim to the fullest extent permitted by law any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, completeness, reliability, accuracy, suitability, usefulness, adequacy, timeliness, non-infringement, or fitness for any particular use, application or purpose. TRC makes no warranty or representation with respect to the performance or use of its website and mobile application, or any other service it may offer, and hereby disclaims any warranties which may be implied by law.
- NO CONSEQUENTIAL DAMAGES
By using the site and services provided by TRC, you agree that TRC shall have no responsibility whatsoever for, and you hereby waive any and all claims for all incidental, special, indirect or consequential damages arising from or in any way relating to the performance of the website or mobile application of any components thereof, or of any service, link or product provided by TRC in connection with any of its services or sites, including but not limited to damage to computer and mobile device software or hardware and loss of data. This exclusion applies regardless of whether such damages are sought for breach of warranty, breach of contract, negligence or strict liability in tort or for any other reason.
We do not warrant that any of our sites or mobile apps will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, or be uninterrupted or error free or accessible at all times. Further, you understand and agree that the availability of sites or services offered by TRC are subject to the limitations and conditions of internet service providers and equipment that are not within the control of TRC, and therefore TRC shall not be held responsible for any interruption or failure of access. In addition, we do not make any warranty as to the content on our site. Any material that you download or otherwise obtain through our site is done at your own discretion and risk.
- ACCESS AND USAGE
You agree not to access TRC’s sites or services by any means other than through software that is provided by TRC for accessing the sites and services. You shall not access or attempt to access an Account that you are not authorized to access. Except to the extent that applicable laws prevent TRC’s restraining you from doing so, you agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the TRC Service. Violations of system or network security may result in civil or criminal liability. You shall be authorized to use TRC products and services only for personal, noncommercial use.
BY USING THE SITE AND SERVICES PROVIDED BY TRC, YOU AGREE AND ASSENT TO ALL OF THE TERMS IN THIS AGREEMENT, AND YOU FURTHER AGREE TO UNCONDITIONALLY RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS TRC, ITS EMPLOYEES, OFFICERS AND DIRECTORS, INSURERS, AND OTHER AUTHORIZED USERS OF THE SITE SERVICES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, PENALTIES, LAWSUITS, SETTLEMENTS, JUDGMENTS, COSTS AND FEES OF ANY KIND OR CHARACTER (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING FROM TRC’S PERFORMANCE OR FAILURE OF PERFORMANCE OF ANY OF THE SERVICES, INCLUDING ITS MAINTENANCE AND MANAGEMENT OF ANY PRODUCT OR SITE, YOUR USE OR MISUSE OF THE SITE AND SITE SERVICES, YOUR BREACH OF THIS AGREEMENT, AND INCLUDING CLAIMS ARISING FROM ANY ALLEGED BREACH OF WARRANTY, COVENANT, OR AGREEMENT TO BE PERFORMED BY TRC, AND ALSO FOR ANY NEGLIGENT ACT OR OMISSION ALLEGED BY ANY PARTY TO BE THE FAULT OR RESPONSIBILITY OF TRC, AND ANY CONTENT THAT YOU OR ANYONE USING YOUR ACCOUNT MAY SUBMIT, POST OR TRANSMIT TO THE SITE. THIS RELEASE IS EXPRESSLY INTENDED TO RELEASE TRC FROM ANY OF THE CONSEQUENCES OF ITS OWN NEGLIGENCE TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU FURTHER AGREE THAT THIS RELEASE AND INDEMNITY INCLUDES ANY CLAIMS AGAINST TRC FOR LOSS OF DATA, PRIVACY VIOLATIONS, OR OF MISUSE OF PERSONAL INFORMATION WHICH MAY ARISE OUT OF ANY THIRD PARTY’S UNAUTHORIZED ACCESS OR “HACKING” OF ANY OF TRC’S SITES OR DATA, AND YOU UNDERSTAND AND AGREE THAT TRC SHALL HAVE NO LIABILITY TO YOU WHATSOEVER FOR SUCH CLAIMS, OR ANY OF OTHER CLAIMS COVERED BY THIS PARAGRAPH. THIS RELEASE AND INDEMNITY OBLIGATION SHALL SURVIVE THE
TERMINATION OF THIS AGREEMENT AND THE CESSATION OF YOUR USE OF ANY TRC SITE OR SERVICES.
TRC agrees to terminate your account at any time upon notice from you. TRC may terminate your account or your access to and use of the Services, with or without cause at any time and effective immediately, at TRC’s sole discretion, for any reason, including but not limited to your failure to conform with these Terms. If you violate these Terms, TRC, in its sole discretion, may also elect to require you to remedy any violation of these Terms, and/or take any other actions that TRC deems appropriate to enforce its rights and pursue all available remedies.
- INTELLECTUAL PROPERTY & TRADEMARKS
The trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on the Site and mobile application are registered and unregistered Trademarks of the Site Proprietor and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by the Site Proprietor that appear on the Site, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Site Proprietor or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited. The Site Proprietor will aggressively enforce its Trademark rights to the fullest extent of the law.
You agree that the TRC Services, including but not limited to TRC products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the TRC services, contains proprietary information and material that is owned by TRC and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the TRC service in compliance with this Agreement. No portion of the TRC service may be reproduced in any form or by any means, except as expressly permitted in these terms. Except to the extent that applicable laws prevent TRC’s restraining you from doing so, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the TRC services in any manner, and you shall not exploit the TRC services in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
THE USE OF THE SOFTWARE OR ANY PART OF THE TRC SERVICE, EXCEPT FOR USE OF THE TRC SERVICES AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE
MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
- PARTIAL INVALIDITY, SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be construed to give it the maximum effect possible. All remaining provisions will nevertheless remain in full force and effect.
- CHOICE OF LAW/VENUE
This Agreement and the provision of all services and your use of all sites and products of TRC will be governed by and construed in accordance with the internal laws of the State of Texas, applicable to contracts accepted and to be performed in Texas, and without regard to conflicts of laws provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of applicable federal or state courts located in Dallas County, Texas, and agree to commence any litigation exclusively in such courts (and further consent to such jurisdiction, waiving any argument or objection to same including any argument of inconvenient forum), other than any actions brought to compel the protection or other enforcement of TRC’s rights in confidential information, which may be brought in any court of competent jurisdiction.
- ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and TRC and governs your use of the TRC products, sites and services, superseding any prior agreements between you and TRC. You may also be subject to additional terms and conditions that may apply when you use an affiliated service, third party content, or third party software. If any part of this agreement I held to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. TRC’s failure to enforce any right or provision in this Agreement will not constitute a waiver of such or any other provision. TRC will not be responsible for failures to fulfill any obligations due to causes beyond its control.