Terms of Use

TheOnTrackProgram.com / mPWR10

Effective Date: March 3, 2021

The following terms of use (“Terms of Use”) is an agreement between you, as a User (defined below), and mPWR10, a Delaware limited liability company, governing your use of TheOnTrackProgram.com, including any subdomains, blogs, embedded code or objects, app, or any web services (collectively, “Site”).  Hereinafter, “mPWR10” (or “we,” “us” or “our”) shall mean mPWR10 Partners, LLC, and all parents, subsidiaries, intermediaries, and affiliates thereof and all the officers, directors, shareholders, employees, and agents thereof.

IMPORTANT: THEONTRACKPROGRAM.COM DOES NOT PROVIDE MEDICAL ADVICE. THE INFORMATION CONTAINED ON THIS SITE SHOULD NEVER REPLACE A DOCTOR’S ADVICE AND RECOMMENDATIONS. YOUR HEALTHCARE PROVIDER IS THE BEST RESOURCE TO CONSULT REGARDING WHAT IS BEST FOR YOU AND YOUR MEDICAL CONDITION.  IF YOU HAVE AN EMERGENCY, CALL 911 OR CONTACT YOUR DOCTOR IMMEDIATELY.  RELIANCE ON (A) ANY CONTENT PROVIDED BY THEONTRACKPROGRAM.COM OR (B) ANY COMMENTS MADE BY USERS OF THE SITE, IS SOLELY AT YOUR OWN RISK AND IS NOT RECOMMENDED.

BY ACCESSING OR USING THEONTRACKPROGRAM.COM YOU AGREE TO COMPLY FULLY WITH AND BE LEGALLY BOUND BY THE TERMS OF USE OF THIS SITE AS DESCRIBED HEREIN. IF YOU DO NOT COMPLY OR AGREE WITH THESE TERMS OF USE OF THE SITE YOU MAY NOT USE, ACCESS, VIEW OR BENEFIT FROM ANY INFORMATION OR SERVICES OF THIS SITE.  MPWR10 PARTNERS LLC MAY UPDATE THE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE TO YOU BEYOND POSTING THE UPDATED TERMS AND PROVIDING THE EFFECTIVE DATE. YOUR CONTINUED USE OF THE SITE WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH UPDATES.

About the Terms

Key Terms

Terms not otherwise defined will have the following meanings:

  • “Users” means any and all persons that access or use the Site. References to “access” and/or “use” of the Site (and any variations thereof) include the acts of accessing or browsing the Site.

  • “Your Content” refers to User Content that is stored in the app and provided or made available by you, including your opinions in forums, blogs, reviews, ratings and other areas of the site. Your Content does not include confidential account registration information.

Site Rules

Your access to and use of the Site is governed by the terms and conditions of these Terms of Use, our Privacy Policy, currently located at http://theontrackprogram.com/privacy-policy (as described in more detail below), any and all other policies and rules referenced herein, posted on the Site, or otherwise communicated to Users (the “Site Rules”).

PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND SITE RULES (COLLECTIVELY, THE “TERMS”) CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SITE. YOUR ACCESS TO AND USE OF THE SITE IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS.

About the Site

License to Use

Subject to your compliance with the Terms, mPWR10 grants you a limited non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and use the Site. This license is granted for the sole purpose of enabling you to use and enjoy the benefit of the Site as provided by mPWR10, in the manner permitted by the Terms. TheOnTrackProgram.com is for personal use only. You may not copy, reproduce, republish, sell or otherwise profit from the information found on TheOnTrackProgram.com for non-personal use or redistribute the information for non-personal use. TheOnTrackProgram.com is only for individuals ages 14 years or older. If you are under the age of 14, you may only use the Site under adult supervision, in which this adult is solely responsible for your conduct on this Site.

Modifications and Updates to the Site

mPWR10 reserves the right, in its sole discretion, to modify or discontinue offering the Site, in whole or in part, or any features, functionality, tools or content thereof, at any time, for any reason or no reason, with or without notice to you.

International Users

The Site is controlled and operated within the United States. You are hereby prohibited from accessing or using the Site from any territory where the Site or any of the features, functionality, tools, content thereof, is illegal. If you choose to access the Site from a location outside the United States, you do so at your own risk and you are solely responsible for compliance with applicable laws, rules and regulations, including export laws and any regulations and local laws regarding online conduct and content.

Accounts

Registration

While certain Site Content is publicly available, you must register for a User account before you are able to use all features of the Site. When you create your account, you will be asked to create a username using your email address and password, which you will be solely responsible for safeguarding. You further acknowledge and agree that you will be solely responsible for any activities or actions on or through your account, whether or not you have authorized such activities or actions. mPWR10 cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Termination

You may cancel your account at any time. We may, in our discretion, without liability to you and without limiting our other remedies, with or without prior notice and at any time, decide to (i) limit, suspend, deactivate or cancel your account and take technical and legal steps to prevent you from using our Site at any time for any reason, and (ii) screen or delay the posting or delivery of Your Content. If your account is deactivated or cancelled, mPWR10 will have the right, but not the obligation to delete Your Content.

Intellectual Property

Site Content

The term “Site Content” shall mean all copyright, designs, the “look and feel” of the Site, trademarks, and all other intellectual property rights including software and all HTML and other code contained in or run by this Site and all information such as the “look and feel” of the Site, data files, graphics, text, photographs, drawings, logos, rich media, images, sounds, music, video, or audio files on this Site. You acknowledge and agree that all Site Content shall remain at all times vested in mPWR10 and/or are the property of their respective owners. All such Site Content is protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Site Content only as expressly authorized herein by mPWR10 and/or its third-party licensors. Any reproduction or redistribution of Site Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above-listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

Your Content

All user data is stored only on users’ devices through an encryption, so it is completely private.  mPWR10 does not claim any ownership rights in Your Content and nothing in the Terms will be deemed to restrict any rights that you may have to use and exploit any such content, subject only to the licenses granted to mPWR10 under these Terms. You acknowledge and agree that you are solely responsible for Your Content, and for any consequences thereof, including the use of Your Content by other Users.

Warranties, Disclaimers, & Limitation of Liability

Warranties by Users

You represent and warrant to mPWR10 that:

  • you have the power and authority to accept and agree to the Terms;

  • you own or control all of the rights necessary to grant the rights and licenses granted herein;

  • you will not violate any federal, state or local laws, rules or regulations or infringe the rights of any third party, including, any intellectual property, privacy or publicity-related rights, in connection with Your Content or otherwise in connection with your access to or use of the Site;

  • the exercise by mPWR10 of the rights granted by you hereunder will not cause mPWR10 to violate any applicable laws, rules or regulations, to infringe the rights of any third party; and

  • all account information provided by you will be complete, accurate and up-to-date when provided, and updated as necessary to ensure that it remains complete, accurate and up-to-date.

Disclaimer of Warranties

YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN RISK. THE SITE, ALL SITE CONTENT, SERVICES, AND INFORMATION IS MADE AVAILABLE OR DISCUSSED ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND.

mPWR10 MAKES NO REPRESENTATIONS OR ENDORSEMENTS ABOUT THE SUITABILITY FOR ANY PURPOSE OF PRODUCTS, SERVICES, AND INFORMATION AVAILABLE THROUGH THIS SITE.

FURTHER, mPWR10 DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SITE CONTENT, PRODUCTS, SERVICES AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SITE.

WE DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF THE SITE CONTENT. WE DO NOT WARRANT THAT THE FUNCTIONS, MATERIALS OR CONTENT ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. ADDITIONALLY, WE DO NOT WARRANT THAT SITE WILL REMAIN FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW OR PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES; mPWR10’s LIABILITY IN THESE JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitation of Liability

IN NO EVENT SHALL mPWR10 BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR WITH HYPERTEXT OR GRAPHIC LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF mPWR10 HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM mPWR10’s NEGLIGENCE OR GROSS NEGLIGENCE.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:

  • THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE IS AND REMAINS WITH YOU.

  • WITHOUT LIMITING THE FOREGOING, mPWR10 DISCLAIMS ANY AND ALL LIABILITY RELATED TO (I) THE ACTS OR OMISSIONS OF ANY OTHER USER OR ANY OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, AND (II) ANY USER OR SITE CONTENT ACCESSED, VIEWED OR DOWNLOADED IN CONNECTION WITH THE USE OF THE SITE.

  • YOU ACKNOWLEDGE AND AGREE THAT THE ACCESSING AND USING THE SITE, SUBMITTING AND TRANSMITTING YOUR CONTENT, COMMUNICATING OR INTERACTING WITH OTHER USERS AND ACCESSING, VIEWING OR DOWNLOADING THE USER CONTENT OF OTHER USERS ARE DONE AT YOUR OWN DISCRETION AND RISK, AND YOU AND HEREBY RELEASE mPWR10 AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING.

  • CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSIVE OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN THIS SECTION, SO THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, mPWR10’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US $100).

Third Party Websites and Information

As a convenience to you, the Site provides links to other websites and sources of information (“Out Links”). In no circumstances is mPWR10 liable or responsible for the content contained or associated with any third-party website. mPWR10 does not monitor or necessarily agree or know to be accurate any content contained or associated with any third-party website. By clicking on an Out Link, you agree that mPWR10 shall not be liable, directly or indirectly, for any damage or actions caused or alleged by, or in connection with the use of any Out Link.

Your Content

The opinions expressed in TheOnTrackProgram.com’s User Content, such as forums, blogs, reviews, ratings and other areas of the site are solely those of the authors, who may or may not have medical or scientific training.

These opinions and comments do not represent the opinions of mPWR10. mPWR10 does not assume liability for any of the User Content on the Site. In some instances, opinions and comments may contain information about treatments or uses of prescription drugs that have not been approved by the U.S. Food and Drug Administration. mPWR10 does not endorse or encourage the use of non-FDA approved products, services or treatment.

mPWR10 reserves the right to remove User Content in its sole discretion.

Disputes


You expressly agree that any dispute arising out of or in connection with the Site, the Site Content or these Terms of Use shall be decided in accordance with the laws of the State of Pennsylvania without giving effect to any choice of law rules. You expressly consent to the exclusive jurisdiction of the state and federal courts sitting in the State, City and County of Pennsylvania and hereby waive any objection to jurisdiction and venue in such courts.

Miscellaneous

Privacy

Our collection and use of information about Users is governed by our Privacy Policy (TheOnTrackProgram.com/Privacy-Policy). By accessing and using the Site, you consent to the collection and use of this information, including the transfer of this information outside the United States and/or other countries, for storage, processing and use by mPWR10. As part of providing you the Site, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Site, which you may not be able to opt-out from receiving unless you terminate your account.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, will be posted to the Site by mPWR10.

Entire Agreement

These Terms, including these Terms of Use, our Privacy Policy (TheOnTrackProgram.com/Privacy-Policy), and any and all Site Rules, constitute the entire and exclusive understanding and agreement between you and mPWR10 regarding your access to and use of the Site, and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and mPWR10 and regarding the subject matter hereof.

Survival of Terms

Any provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of these Terms of Use shall survive such expiration or termination.

Waiver

Our failure to exercise any right or enforce any obligation under these Terms of Use or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach. The waiver of any right, obligation or breach will be effective only if in writing and signed by a duly authorized representative of mPWR10. In addition, no waiver granted in any instance shall constitute a waiver in any other instance.

Remedies

Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies available under contract, at law, in equity or otherwise.

Severability

Except as otherwise provided in the Terms, if an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.

Contact Us

If you have any questions or concerns, please contact mPWR10 at info@theontrackprogram.com  You can also write to us at:

310 W Virginia Avenue

West Chester, Pa 19380

Copyright ©2021 mPWR10 Partners, LLC. All rights reserved.

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