User Agreement, Terms & Conditions
This User Agreement (“Agreement”) governs all uses of and subscriptions to the WIM Tracking Website, the WIM Tracking Health Workforce Print and Online Directory (“Directory”), and the WIM Tracking Health Workforce Database (“Database”), 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.
Please read this Agreement carefully. You can access this Agreement at any time in the footer of the WIM Tracking Website. 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.
Upon the purchase of an online user subscription, you will receive limited access to view the Database and to search for health care providers. The extent of the license granted depends upon the subscription(s) purchased.
During the subscription process, you will be assigned a username and password. One username and password will allow for one user to be logged into the Database at one time. If you have purchased one online user subscription, but you need multiple users to access the Database at one time, you will need to purchase additional subscriptions for each user.
- 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 during the registration process; and (d) you will maintain and promptly update the information that you provide to keep it true, accurate, current, and complete. You may update your information at any time by logging into the WIM Tracking Website and clicking on “Log In.”
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.
- External Website Links
The WIM Tracking Website contains links to other websites for the convenience of our users. These external sites have not been reviewed by WIM Tracking and are maintained by third parties over which WIM Tracking exercises no control. 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.
- 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.
- Disclaimer of Warranties
Content in the Database and Directory is produced from sources believed to be reliable. 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.
- Accuracy of Data
The data and information available on the WIM Tracking Website and in the Directory and Database are to the best of WIM Tracking’s knowledge. All users assume responsibility for verifying the accuracy of the data and information available on the Website and in the Directory and Database, and for verifying that all health care providers are currently licensed with the appropriate authority. WIM Tracking expressly disclaims any responsibility for any decision based on the data and information contained on the WIM Tracking Website or in the Directory or Database.
- 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.
- 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.
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, suspecte