This site contains confidential client data. If you are not authorized to use this site, please exit now. Datamatx
is committed to protecting the privacy and security of client information. Use of this site requires acceptance of our Terms of Service. By accepting this notice, you consent and opt-in
to our privacy and data collection requirements. All eTRAX and eTRAX2 users are required to read and accept our User Agreement and Terms of Service at least annually.
Datamatx eTRAX/eTRAX2 Terms of Service and User
Agreement
(To
accept, click button at the bottom of this page)
Welcome to eTRAX/eTRAX2!
The eTRAX and eTRAX2 web sites and associated
software, features, APIs and data (“the Services”) are provided as a service to
active Datamatx clients. Only users authorized by Datamatx and active clients
may use the Services. The Services are provided by Datamatx, Inc., located at
3146 Northeast Expressway NE, Atlanta, GA 30341, United States.
If you are an authorized user, you must accept the
terms described below to use the Services, and your continued use of the
Services indicates your consent and agreement to those terms. If you do not
agree to these terms, you may not use the Services or any web sites associated
with them.
Using the
Services
You must follow any policies made available to you
within the Services.
Don’t misuse the Services. For example, don’t
interfere with the Services or try to access them using a method other than the
interface and the instructions that we provide. You may use the Services only
as permitted by law, including applicable privacy, export and re-export control
laws and regulations. We may suspend or stop providing the Services to you if
you do not comply with our terms or policies or if we are investigating
suspected misconduct.
Using the Services does not give you ownership of
any intellectual property rights in the Services or the content you access. You
may not use content from the Services unless you obtain permission from its
owner or are otherwise permitted by law. These terms do not grant you the right
to use any branding or logos used in the Services. Don’t remove, obscure, or
alter any legal notices displayed in or along with the Services.
The Services may display content that is not Datamatx’s. This content is the sole responsibility of the
client that owns or created it. Datamatx does not review client data for
compliance with laws or regulations, other than what is provided for in our
client Service Agreements. You are
wholly and solely responsible for complying with all laws, regulations, and
client company policies in the viewing or other use of client data. Datamatx
assumes no responsibility for the content of client data as part of the
Services.
In connection with your use of the Services, we may deliver
and present to you service announcements, administrative messages, and other
information. You may, through the settings provided to you in web sites
associated with the Services, opt out of some of those communications.
The Services may be available on or accessible from mobile
devices. Do not use such Services in a way that distracts you and prevents you
from obeying traffic or safety laws.
Your Account
You have been granted an account to use the
Services, either by Datamatx or by your employer or organization. You are
responsible for keeping your account password and other access credentials
confidential. You are responsible for the activity that occurs on or through
your account provided to you used to access the Services, whether the activity
was performed by you or others. You should not share your account credentials
with anyone else. Doing so is a violation of our Terms of Service and may
result in suspension of your account.
Privacy and Data
Collection
Datamatx collects information about you and your
computer for the purpose of protecting the security and privacy of Client data,
and maintaining required records of use. We do not use collected information
for any other purpose, or share it with any third party. This information
includes:
·
Device information: information about your network address, your
computer model, operating system, and other unique device identifiers.
·
Log information: details of how your used the Services, including login
and logout activity, selections and actions performed while using the Services,
and client data accessed.
·
Cookies: we may store cookies or other local data on your computer or
device in order to identify you or assist in our record keeping.
Use of the eTRAX and eTRAX2
websites require you to opt-in to our data collection policy. All data collected by the
websites is retained online for one year, and may be stored offline in an
encrypted archive for up to two years. We actively monitor data logs for
security and enforcement purposes.
Our
Intellectual Property
All the software that operates the Services,
associated web sites, scripts, widgets or other web content belongs to, and
remain, the intellectual property of Datamatx. Some software may be used by Datamatx
under license to its owner. No intellectual property rights are given to you,
your employer or organization by the use of the Services.
Client Data
Client data, images, notices, statements, letters,
communications, or other content made available to you through the Services
belong to the client. Datamatx does not give a license, copyright, modification
rights or usage privileges to any client data stored or accessed by the
Services. You are responsible for obtaining permission for using client data
only for legitimate purposes.
Improper access or use of client data is a violation
of these Terms of Service and will result in the suspension or termination of
your account.
Protected
Information and Controls
Some information accessible through the Services may
contain Personally Identifiable Information (PII), Protected Health Information
(PHI), and/or Federal Tax Information (FTI).
Datamatx protects and controls this information in compliance with U.S.
law, best practices, and our client Service Agreements. You are responsible for
understanding and complying with these controls. Any attempt to suppress,
bypass or disable our controls is a violation of these Terms of Service and
will result in suspension or termination of your account.
Some features may not be available to all users,
either because they require an additional fee, or because your user account may
not be permitted to use them. You may only use features and accounts for which
you are specifically authorized and are enabled to use.
Datamatx will investigate all suspicious or
unauthorized activity we observe or are notified of by clients. Violations may
result in legal actions or prosecution under the law.
Prohibited
Activities
You may never, while using the Services:
•
Republish any material (including republication on another web site);
•
Sell, rent or sub-license material;
•
Show or display any material accessed through the Services in a public
setting, or through the press, or any public media service;
•
Reproduce, duplicate, copy or otherwise exploit any material for any
purpose other than that permitted by your employer or organization;
•
Redistribute any material except for content specifically and expressly
allowed by your employer or organization;
•
Link to any web site associated with the Services from any other
publicly accessible web site (except as provided by client Service Agreements
to use APIs for legitimate data exchange);
•
Modify content in any way;
•
Use the Services in any way that causes, or may cause, damage or
impairment of the availability or accessibility of the Services; or in any way
which is illegal, fraudulent or harmful, or in connection with any illegal,
fraudulent or harmful purpose or activity;
•
Use the Services to copy, store, host, transmit, send, use, publish or
distribute any material which consists of (or is linked to) any spyware,
computer virus, Trojan horse, worm, keystroke logger, rootkit or other
malicious computer software;
•
Access the Services if you are no longer employed by Datamatx or a Datamatx
client.
Your Access to The Services
Your access to the Services is through a limited,
non-transferrable, royalty-free license, granted to your employer or
organization solely at the discretion of Datamatx. The license may be revoked
at any time. Your use of the Services is your acceptance of the limited
license.
Some uses of the Services may result in billable
fees to the client. You agree and
understand that your employer or organization is responsible for all fees and
charges associated with the use of these features.
Warranty and
Liability
Datamatx provides the Services using a commercially
reasonable level of skill and care. But there are certain things that we don’t
promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR
CLIENT SERVICE AGREEMENTS, NEITHER Datamatx NOR ITS SUPPLIERS MAKE ANY SPECIFIC
PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT
THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR
THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE
SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES,
LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL
WARRANTIES.
WHEN PERMITTED BY LAW, Datamatx, ITS LICENSEES AND
SUPPLIERS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA,
FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE
DAMAGES.
IN ALL CASES, Datamatx, ITS LICENSEES AND SUPPLIERS
WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, EVEN IF WE HAVE BEEN INFORMED OF THE
POSSIBILITY OF THAT LOSS.
Business Terms
of Service
By the use of the Services, your employer’s business
accepts these terms. It will hold harmless and indemnify DATMATX and its
affiliates, officers, agents, and employees from any claim, suit or action
arising from or related to the use of the Services or violation of these terms,
including any liability or expense arising from claims, losses, damages, suits,
judgments, litigation costs and attorneys’ fees. The full and complete business
terms of service are contained in the client Service Agreement.
About These
Terms
We may modify these terms or any additional terms
that apply to a Service to, for example, reflect changes to the law or changes
to our Services. You should look at the terms regularly. We will require you to
read and accept these terms at least annually. If you do not agree to the
modified terms for the Services, you should discontinue your use of the
associated web site.
If there is a conflict between these terms and the
client Service Agreement, the Service Agreement will control for that conflict.
These terms control the relationship between Datamatx
and you within the scope of using the Services. They do not create any third
party beneficiary rights.
If you violate the terms of this agreement, Datamatx
still retains all our rights to take action in the future, even if we do not
take immediate action.
In the event that a particular term is not
enforceable, this will not affect any other terms.
The laws of Georgia, U.S.A., excluding Georgia’s
conflict of laws rules, will apply to any disputes arising out of or relating
to these terms or the Services. All claims arising out of or relating to these
terms or the Services will be litigated exclusively in the federal or state
courts of DeKalb County, Georgia, USA, and you and Datamatx consent to personal
jurisdiction in those courts.