User Agreement, Terms & Conditions
This User Agreement (“Agreement”) governs all uses of and subscriptions to the WIM Tracking Website, the WIM Tracking Health Workforce (“Database”), and the Huey Workforce Information Exchange, hereafter collectively referred to as “WIM Tracking Services.” This Agreement is binding on all those who access, visit, or use the WIM Tracking Services, whether acting as an individual or on behalf of an entity.
1. General
Please read this Agreement carefully. You can access this Agreement at any time in your Account Page. Your access, visitation, or use of the WIM Tracking Services constitutes your consent to be bound by this Agreement. If you do not agree with the terms and conditions of this Agreement, you may not access, visit, or use the WIM Tracking Services.
WIM Tracking, LLC (“WIM Tracking”) reserves the right, at its sole discretion, to change this Agreement at any time. Your use of the WIM Tracking Services after any such change will be deemed to constitute your acceptance of and agreement to any changes to this Agreement.
If you breach, violate, fail to follow, or act inconsistently with the rules, restrictions, limitations, terms, or conditions that apply to the WIM Tracking Services, WIM Tracking may terminate, discontinue, suspend, or restrict your account, and your ability to access, visit, or use the WIM Tracking Services or any portion thereof, with or without notice, in addition to WIM Tracking’s other remedies. WIM Tracking also may curtail, restrict, or refuse to provide you with any future access, visitation, or use of the WIM Tracking Services.
WIM Tracking reserves the right, in addition to any other remedies, to take any technical, legal, or other actions that it deems necessary or appropriate, with or without notice, to prevent violations of and enforce this Agreement and remediate any purported violations. You acknowledge and agree that the breach of this Agreement may not be remedied by monetary relief and that WIM Tracking has the right hereunder to an injunction or specific performance of this Agreement, in its discretion, to stop or prevent a breach or violation of your obligations under this Agreement.
In the event of any conflict or inconsistency between the terms and conditions of this Agreement and any rules, restrictions, limitations, terms, or conditions that may be posted on the WIM Tracking Website, in the Directory or Database, or otherwise communicated to users of the WIM Tracking Services, WIM Tracking may determine which rules, restrictions, limitations, terms, and conditions shall control and prevail in its sole discretion, and you specifically waive any right to challenge or dispute such determination.
2. License
During the subscription process, the primary user will be assigned a username, which will be the email address provided, and a password. One username allows for one session to be active within Huey at one time.
3. User Maintenance and Responsibility
By subscribing to or using the WIM Tracking Services, you agree, warrant, and guarantee that: (a) you are at least 18 years of age; (b) you are using your actual identity; (c) you have provided only true, accurate, current, and complete information about yourself and your organization during the registration process; (d) you will maintain and promptly update the information that you provide to keep it true, accurate, current, and complete; and (e) you are authorized by your organization to purchase and maintain this subscription . You may update your information at any time through the Account page or by submitting a help ticket.
WIM Tracking disclaims all liability associated with or arising from your failure to maintain accurate, current, and complete information, including, without limitation, your failure to receive any updated or critical information. WIM Tracking is not responsible for verifying your registration information.
You are solely responsible for all access and visitation to, usage of, and activity on your user subscription, including, but not limited to, use of the subscription by any person who uses your registration information, with or without authorization, or who has access to any computer, mobile or other device on which your user subscription resides or is accessible. You acknowledge and agree that WIM Tracking may, and you specifically authorize WIM Tracking to, process all transactions, including without limitation purchases and registration for additional products and services that are initiated by use of your registration information.
4. Privacy Policy
This Privacy Policy explains how WIM Tracking collects, uses, shares, and protects personal information. Federal and state law limits how WIM Tracking can use personal information. Protecting the privacy and security of consumers’ personal information is very important to WIM Tracking and is one of WIM Tracking’s most significant responsibilities. Please read this notice carefully to understand how personal information WIM Tracking collects, both online and offline, is used.
When We Collect Personal Information: WIM Tracking collects personally identifiable information when you register for an online account, and when you purchase products and services.
When you create an account with WIM Tracking, we ask for your contact information (such as your name, mailing address and email address), as well as certain information pertaining to your business, along with billing information such as a bank account and/or credit card number.
Payment Information: During the processing of a payment, WIM Tracking’s billing company, Stripe, receives information from the merchant or the financial institution information related to the transaction. This normally includes information about the payment that a consumer has furnished the merchant or financial institution in placing the order. WIM Tracking does not have access to this information. We encourage you to read Stripe’s Privacy Policy.
Who We Share the Information With: 1) Possibly with third parties, such as banks, financial institutions and credit card processors, to provide the product or service you have requested; 2) Law enforcement or as part of legal proceedings, if legally required; 3) In the event that WIM Tracking is acquired or merged with another company, personal information may be transferred to that company.
5. External Website Links
Accordingly, WIM Tracking expressly holds no responsibility for the content, policies, and practices of such external websites, nor for the availability, accuracy, reliability, completeness, currency, quality, performance, or suitability of the information, products, and services available or advertised on or through such other sites. Moreover, any link to an external website from the Website does not imply, directly or indirectly, WIM Tracking’s endorsement of or affiliation with any other site or site owner, or any information, products or services provided by any third party.
6. Disclaimer of Liability
WIM Tracking, including its officers, directors, members, employees, agents, representatives, successors, and assigns, assumes no responsibility for any improper or incorrect use of the WIM Tracking Services. By using or accessing the WIM Tracking Services, you agree that in no event will WIM Tracking be held liable on any theory of liability for damages or injury of any type resulting from your use thereof or access thereto.
This disclaimer of liability applies to all claims for damages or injury, including, but not limited to: failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, or unauthorized access to or alteration of data, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
7. Disclaimer of Warranties
Data in Huey is produced by WIM Tracking and clinicians. No warranty expressed or implied is made regarding accuracy, adequacy, completeness, legality, reliability, merchantability, fitness for a particular purpose, freedom from contamination by computer viruses, or usefulness of any information.
All warranties of any kind, express or implied, including but not limited to, the implied warranties of non-infringement of proprietary rights ARE DISCLAIMED.
8. Accuracy of Data
All users assume responsibility for verifying the accuracy of the data and information available on the Website and in Huey. WIM Tracking expressly disclaims any responsibility for any decision based on the data and information contained on the WIM Tracking Website, Directory, or Huey.
9. Disclaimer of Endorsement
WIM Tracking sometimes distributes data supplied by third parties through the WIM Tracking Website. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) or distributor(s), and not necessarily of WIM Tracking.
Reference on the Website or in the Directory or Database to any specific commercial products, process, or service by trade name, trademark, manufacturer, vendor, or otherwise, and to any healthcare provider or service, does not constitute or imply endorsement, recommendation, or preference by WIM Tracking, and such reference shall not be used for advertising or product endorsement purposes. WIM Tracking expressly disclaims the endorsement of any of the healthcare providers or services listed on the WIM Tracking Website or in the Directory or Database.
10. Prohibition of the Use of WIM Tracking Services
Absent explicit prior written consent by WIM Tracking, you may not, nor may you allow, enable, authorize, instruct, encourage, assist, suggest, inform, or promote that others, directly or indirectly, make any commercial, advertising, promotional, or marketing use of the WIM Tracking Services, including without limitation the photos, images, text, content, data, information, trademarks, trade names, service marks, or brand identifiers obtained on or through the WIM Tracking Services.
11. Indemnification
You agree to indemnify, defend and hold harmless WIM Tracking, its officers, directors, members, employees, agents, representatives, successors, and assigns from and against any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys’ fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed which may arise out of or are in any way connected with your access, visitation, or use of the WIM Tracking Services, breach or alleged breach of this Agreement, or from any of your acts, errors, or omissions in connection with the WIM Tracking Services.
12. Disputes & Jurisdiction
This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State of Montana. Any claims, legal proceeding, or litigation arising in connection with this Agreement must be brought solely in Lewis and Clark County District Court of the State of Montana. You hereby consent to the jurisdiction of such court.
13. Severability
In the event any one or more of the provisions of this Agreement are found and determined to be unenforceable by a court of competent jurisdiction, or through the act or actions of the Legislature of the State of Montana, the remaining provisions of this agreement will nevertheless continue in full force and effect and be binding on the parties hereto, their heirs, personal representatives, and assigns.
14. Clinician Raffles
WIM Tracking works with researchers to collect and distribute incentives clinicians. These incentives may be offered in the form of a raffle entry for completion of a survey. A clinician must be a Montana resident to enter and win the raffle. A clinician may opt out of the raffle entry and still complete the survey. The laws governing Montana raffles may be found here: (Administrative Rules of Montana 23.16.3501, 23.16.202, 23.16.2602 and Montana Code Annotated 23-5-112, 23-5-158, 23-5-413)
15. Contact WIM Tracking
If you have any questions about this Agreement, the WIM Tracking Website, the TPT portal, or if you need to contact WIM Tracking, please contact as us at jena@wimtracking.com or
WIM Tracking, LLC
112 Lindos Drive
Seneca, SC 29672
