Policies



Privacy Policy

Last modified: September 28, 2018

Introduction.

Trajecsys Corporation ("Company”, “Our” or "We") respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website located at trajecsys.com and/or access and otherwise utilize the Trajecsys Reporting System (see e.g. https://www.trajecsys.com/programs/login.aspx ) and/or utilize any interrelated platform on our website.

We collect data to enter the Trajecsys Reporting System including collecting information such as name, address, email address and payment information collecting, using, maintaining, protecting and disclosing that information for both the Trajecsys Reporting System (“System”) and any of Trajecsys Corporation’s web or other media e.g. mobile application) content.

This policy applies to information we collect:

  • On our Website or System including on our interrelated platform.

  • In e-mail, text and other electronic messages between you and this Website or System.

It does not apply to information collected by:

  • us offline or through any other means except in relation to us helping you populate the System and/or

  • any third party (including any affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website and the interrelated System

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website or the interrelated System. By accessing or using this Website and/or the interrelated platform contained therein, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website and/or the interrelated platform after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 13.

This website is offered and available only to users who are 18 years of age or older. Accordingly, our Website or the interrelated System is not under any circumstances intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 18 and especially under 13, please immediately exit this website. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact our legal department at EmergeCounsel, LLC (720)213-0687 or at info@emergecounsel.com.

Information We May Collect About You on our Website and How We Collect It.

If you access our website, we may collect several types of information from and about users of our Website, and we will collect several types of information about users of our System, including information:

  • by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier including potential information about and/or from third parties, (note: this information may be collected online or offline) ("personal information");

  • that is about you but individually does not identify you which we may pair with your personal information, such as your location or MSA; and/or

  • about your internet connection, the equipment you use to access our Website and usage details.

We may collect this information:

  • Directly from you when you provide it to us.

  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies.

  • From third parties, for example, our business partners for audit verification purposes.

You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website or related System, or transmitted to us, other users of the Website, related System or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

We know either through us or a third party not affiliated with us, that we are collecting data utilizing our interrelated platform to provide requested services.

Information You Provide to Third Parties on our Platform
. The information we collect on or through our System and may include:

  • Information that you provide by filling in forms using the System and to a lesser extent the related Website. This includes information provided at the time of registering to use the System and/or posting information or material, or requesting further services. We or third party vendor or affiliate may ask for this information when we assist in repairing or otherwise finding a solution for the Website or System.

  • Records and copies of your correspondence (including e-mail addresses), if you contact us regarding your inputs on the Website.

Information We Collect Through Automatic Data Collection Technologies
. As you navigate through and interact with our Website and System, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

  • Details of your visits to our Website and System, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website.

  • Information about your computer and internet connection, including your IP address, operating system and browser type.

The information we collect automatically is statistical data and may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.

  • Store information about your preferences, allowing us to customize our Website according to your individual interests.

  • Speed up your searches and ability for our users to utilize the Website or System.

  • Recognize you when you return to our Website and System.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.

  • Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We currently do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

Third-party Use of Cookies and Other Tracking Technologies.

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, service providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see e.g. http://www.networkadvertising.org/choices/#completed.

How We Use Your Information.

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website, System and other services to you.

  • To provide access to and use of the System,

  • To provide you with information, products or services.

  • To fulfill any other purpose for which you provide it.

  • To fulfil legal/regulatory requirements

  • To perform administrative or programming duties and tasks

  • To provide you with notices about your potential or actual account/subscription now or in the future, including expiration and renewal notices.

  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

  • To notify you about changes to our Website or any products or services we offer or provide though it.

  • To allow you to participate in any functionality on our Website or System.

  • In any other way we may describe when you provide the information.

  • For any other purpose with your consent.

We will not use the information we have collected from you to intentionally display advertisements. However, circumstances may arise where you click on or otherwise interact with a third-party link from our website and/or platform and we cannot warranty that that third-party will not collect and utilize your information.

Disclosure of Your Information.

To the extent you utilize the System, we will share information about you that may identify you by name or other identifying information including location to a designee of an educational institution you or the institution has identified. We may provide other information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.

  • To contractors, service providers and other third parties we use to support our business.

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us Ads about our Website users is among the assets transferred.

  • To fulfill the purpose for which you provide it. For example, if you provide information regarding your application which you believe was not processed, we can then check into the status and/or the issue.

  • For any other purpose disclosed by us when you provide the information.

  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.

  • To enforce or apply our terms of use and other agreements, including for billing and collection purposes.

  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of, our customers or others.

Choices About How We Use and Disclose Your Information.

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website. (see e.g. http://www.networkadvertising.org/choices/#completed.)

Your California Privacy Rights.

If you live or access this site in California, California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to optout@trajecsys.com.

Most if not all of the information you provide is provided to third party providers. As we are not collecting the data, we DO NOT implement measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure.

The safety and security of your information also depends on you. Although the website does not require passwords at the current time, we reserve the right to require passwords for certain aspects of our site. If you choose a password for access our System, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. The System is a reporting and aggregating tool and any information you share may be viewed by certain other users of the System.

Also, unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or related System.

Changes to Our Privacy Policy.

It is our policy to post any changes we make to our privacy policy on this page

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Trajecsys
Attn: Legal Department
1800 Wazee Street, Suite 300
Denver, CO 80211



Website Terms of Use

Last Modified: July 27, 2018

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Trajecsys Corporation ("Company", "Trajecsys", "we " or "us"). The following terms and conditions, govern your access to and use of including any content, functionality and services offered on or through trajecsys.com (the "Website").

Please read the Terms of Use carefully before you start to use the Website. By using the Website or affirming your position in any aspect of when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Limited Scope of Website

This Website is for informational purposes only; and does not make any offer of goods and services. As described above, the website connects to the Trajecsys Report System (a "service").

You agree that you have read these terms of use and the related privacy policy (provide link) and agree to all of these terms and conditions.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.

  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you are not required to provide certain registration details or other information. To the extent you provide or we collect information, we reserve the right to use such information for marketing purposes including a first and/or last name, title, institution/school, program, and email address. You agree that all the information you provide is correct, current and complete. You agree that all information you provide to register with this Website or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. The website contains a conduit to the Trajecsys Report System. SERVICES PROVIDED BY TRAJECSYS THROUGH ITS TRAJECSYS REPORT SYSTEM AND/OR ANY OTHER GOOD OR SERVICE PROVIDED BY TRAJECSYS IS GOVERNED BY A SEPARATE LICENSE AGREEEMENT. HOWEVER, WE RESERVE THE SAME RIGHTS FOR INFORMATION COLLECTED BY THE TRAJECSYS REPORT SYSTEM.

Intellectual Property Rights

The Website and its contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Please note that we take copyright, trademark and all intellectual property infringement extremely seriously. The marks "TRAJECSYS" and "CENTRALIZED CLINICAL RECORDKEEPING" and various iterations thereof are all trademarks which have both common law and Lanham Act protection. See 15 USC §105 et.seq. Furthermore, the designs of products shown on the websites, the logos, the color scheme, the copy, and all other artistic expressions enjoy copyright protection pursuant to 17 USC §101 et.seq. No image or mark may be duplicated or otherwise used without the express written permission from the Company.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: Trajecsys Corporation, Attn: Legal 2130 Mendon Road, Suite 3, PMB #275, Cumberland, RI 02864,

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

  • To transmit, or procure the sending of, any advertising or promotional material except as explicitly permitted, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

  • Use any device, software or routine that interferes with the proper working of the Website.

  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes and/or as an informational platform. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.

  • Send e-mails or other communications with certain content, or links to certain content, on this Website.

  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions provided by either us or third parties with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.

  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

  • Link to any part of the Website other than the homepage.

  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

Trajecsys is a Delaware Corporation in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Web Content Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Rhode Island without giving effect to any choice or conflict of law provision or rule (whether of the State of Rhode Island or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Rhode Island in each case located in the City and County of Denver although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arkansas law in Little Rock, Arkansas.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. To the extent you utilize the Trajecsys Report System or any interface thereof, terms and conditions of such use are governed by the End User License Agreement.






Data

Data records older than seven years will be purged or archived, at the discretion of Trajecsys. It is the responsibility of users to save data through offline archiving or printout, and we encourage all users to save data as often as possible. If records are archived rather than purged, a fee for recovery may be assessed.


Payment and Refunds

Educational programs are free to discontinue use of the Trajecsys Report System™ at any time prior to the arranged date for the first payment(s) to Trajecsys Corporation at no charge for setup, testing, or use. Thereafter, a program is free to discontinue the Trajecsys Report System following written notification. Initial payment for system access is due on the date(s) mutually agreed upon by the educational institution and Trajecsys and system access will be denied to users for non-payment 30 days thereafter if payment is not received.

Full refunds will be available for 30 days after the due date as specified by the program in its payment arrangement with Trajecsys Corporation. No refunds will be made thereafter.

Students from time to time will drop out of an academic program for any number of issues which may or may not have been related to the student's performance in the academic program.

Trajecsys Corporation requires that if a student has withdrawn from a program for any reason, and then re-enters that program at a later date, the student will pay the required fee as if starting the program over again.

Trajecsys Corporation requires that a student pay the required fee if entering a different program within the same academic/hospital institution, after graduating from a program that uses Trajecsys Report System in multiple areas of the institution.

Example: A student graduates from a radiologic technology program and then enters a diagnostic medical sonography program. The student is required to pay the required fee for access to the Trajecsys Report System in the sonography program.

Discrimination and Harassment Policies

Trajecsys Corporation assures applicants, employees and visitors an equal opportunity in employment and accessibility to facilities or services without regard to that person's age, race, color, sex, religious creed, national origin, political opinion, affiliation, marital status, or disability. The sole exception would be when job requirements constitute a bona fide occupational qualification necessary to perform essential job tasks. Equal employment opportunity will be attained using both objective and subjective merit principles and shall apply to agency employment practices.

Trajecsys Corporation acknowledges the federal guidelines' definition of Sexual Harassment as a request for sexual favors, unwelcome sexual advances, or other verbal or physical conduct of a sexual nature or in relation to employment, when submission to such conduct is made either explicitly or implicitly a term or condition of employment; submission to or rejection of such conduct is used as the basis for an employment decision affecting the employee; or the conduct unreasonably interferes with the employee's work performance or creates an intimidating, hostile, or offensive work environment.

Trajecsys Corporation further acknowledges the Americans with Disabilities Act, which states, in part, "no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination" in programs or activities sponsored by a public entity or employment.

Trajecsys Corporation is committed to the achievement of its Affirmative Action goals. Employees are informed of the agency's policy regarding the Affirmative Action Program, sexual harassment and the Americans' with Disabilities Act via training conducted by Trajecsys administrators.

Complaints of discrimination may be addressed to the Brian Bright, Trajecsys Corporation, 2130 Mendon Rd, Suite 3 - PMB #275, Cumberland, RI 02864; or to an appropriate district office of the Equal Employment Opportunity Commission within 300 calendar days. Time frames for filing are calculated beginning with the date of the action giving rise to the complaint.