Terms of Service
To use the MoodTracker.com website owned and operated by Mood Tracker Web Media, LLC you, the User, must agree to the rules outlined below.
1. Acceptance of Terms
By choosing to create an account on the MoodTracker.com website, user represents and warrants that he or she is 13 years old or older and agrees to the terms and conditions set forth in this agreement.
2. The Site is for Informational Purposes
THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
The content on the MoodTracker.com website, such as text, graphics, images, and other material contained on the MoodTracker.com website ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the MoodTracker.com website!
If you think you may have a medical emergency, call your doctor or 911 immediately. Mood Tracker Web Media, LLC does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Mood Tracker Web Media, LLC, its employees, others appearing on the website at the invitation of Mood Tracker Web Media, LLC, or other visitors to the website is solely at your own risk.
3. User Privacy
User agrees that Mood Tracker Web Media, LLC shall have technical access to user's account in order to respond to technical questions or to offer technical support.
If the User chooses to use the site's Caregiver feature, User agrees that his or her MoodTracker.com data may be viewed by other individuals. The User has the ability to permit and revoke access to their data at their discretion at any time. User also has the option to keep certain data private.
The site allows the User to share data publicly on the site's forum pages. User is able to edit forum posts that they have created. User acknowledges and permits data shared on the forum to be publicly accessible on the Internet.
4. User Contact
User agrees to allow Mood Tracker Web Media, LLC to contact the User by e-mail. Mood Tracker Web Media, LLC's e-mail contact with User is limited to matters concerning the operation and use of User's account and for matters of instruction on the use and operation of the MoodTracker.com website. Mood Tracker Web Media, LLC will NOT contact Users about commercial offers from itself or any other party.
5. Account Deactivation
User's MoodTracker.com account will automatically deactivate 180 days after user's last login date (i.e. deactivation occurs after about six months of account inactivity). When an account is deactivated, the personally identifying account information stored in the user's account record is deleted. In addition, failure to abide by the terms of this agreement will result in immediate account deactivation.
6. Refund Policy
For users who purchase a MoodTracker Plus subscription, a refund in the amount of the most recent payment is available if the request for refund is received through our contact
page within 10 days of purchase. When a refund is issued, the user's MoodTracker Plus subscription ends and the user's account is set to use the free MoodTracker Basic plan.
User agrees to indemnify and hold harmless Mood Tracker Web Media, LLC, its officers, directors, employees and agents, from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of user's conduct, user's use of the Service, any alleged violation of this agreement, or any alleged violation of any rights of another, including but not limited to user's use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with user's account. Mood Tracker Web Media, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user, but doing so shall not excuse user's indemnity obligations.
8. Disclaimer of Liability
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER THIS AGREEMENT OR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE ONLINE SITE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT THE SERVICE WILL PROVIDE UNINTERRUPTED, TIMELY OR ERROR-FREE SERVICE. THE SECURITY MECHANISM INCORPORATED INTO THE WEBSITE HAS INHERENT LIMITATIONS AND USER MUST DETERMINE THAT THE WEBSITE ADEQUATELY MEETS ITS REQUIREMENTS. USER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT ITS OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. MOOD TRACKER WEB MEDIA, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF MOOD TRACKER WEB MEDIA, LLC IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM USERS USE OR INABILITY TO USE THE ONLINE SITE SERVICES, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE ONLINE SITE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. Agreement Modification
Mood Tracker Web Media, LLC reserves the right to modify this agreement at its sole discretion at any time without prior written notice.
This agreement and the relationship between User and Mood Tracker Web Media, LLC shall be governed by the laws of the state of Utah without regard to its conflict of law provisions. User and Mood Tracker Web Media, LLC agree to submit to the personal and exclusive jurisdiction of the courts of the state of Utah. Mood Tracker Web Media, LLC's failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and agree that the other provisions of this agreement remain in full force and effect. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred. The section titles in this agreement are for convenience only and have no legal or contractual effect.