MyHealingTracker.com

TERMS OF USE AGREEMENT
Effective Date: October 3rd, 2014.
The myhealingtracker.com website and its associated services and content (collectively "Website") is owned and operated by My Healing Tracker, LLC ("My Healing Tracker"). My Healing Tracker has adopted this Terms of Use Agreement ("Agreement") to inform you of your rights and duties when using the Website. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, PAYING FOR, OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

MY HEALING TRACKER MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT MY HEALING TRACKER MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
1. About the Site
My Healing Tracker provides a service that allows users to track the foods they eat and symptoms they experience online through the Website in an effort to help users better understand their health and to empower them in their journey to heal using food. The Website and related services let users track the amount and types of food they consume, reactions or sensitivities to certain foods that users observe, as well as their progress made toward health goals. Through the Website, users can also share this information with their health care providers, which may include, but is not limited to medical practitioners, physicians, pharmacists, nutritionists, nurses, nurse practitioners, health coaches and alternative practitioners, chiropractors, acupuncturists, or other health care professionals.

My Healing Tracker aims to give back and serve its community. From time to time My Healing Tracker may donate a portion of profits earned through the Website and its related services to a charitable organization selected at its sole discretion.

It is not My Healing Tracker's intention to provide medical advice, diagnosis, treatment, or any other medical opinion or recommendation. Rather, the Website and related material contained on the Website is for informational and research purposes only. My Healing Tracker urges you to consult with a qualified doctor or physician for diagnosis and for answers to your health-related questions. Nothing contained in the site is intended to be for medical diagnosis or treatment and My Healing Tracker will not provide any medical advice. The information should not be considered complete or up to date, nor should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of a visit, call, consultation or the advice of licensed doctor, physician or other qualified health care provider. If you have a medical emergency, contact your doctor or 911. My Healing Tracker does not recommend or endorse any specific treatment, tests, physicians, products, procedures, opinions, or other information on the Website. Your reliance upon any information provided by My Healing Tracker, others appearing on this Website at invitation by My Healing Tracker, or other visitors or users of this Website is solely at your own risk.

You understand that My Healing Tracker is not obligated to provide any maintenance, technical or other support for the Website.
2. Warranties and Representations
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.

You warrant and represent that any and all information that you provide to My Healing Tracker and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement.

You warrant and agree that are residing or domiciled within the United State of America (USA). Access to and use of the Website is limited to the USA. My Healing Tracker makes no warranties or representations that the Website is appropriate or available for use outside of the USA. If you access or use the Website from outside the USA, you do so at your own risk and are responsible for complying with the laws and regulations of the international jurisdictions.
3. Ownership of Website and License
You acknowledge and agree that My Healing Tracker is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of My Healing Tracker.

My Healing Tracker hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Use of the Website for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in the termination of this license. Absent prior written permission from My Healing Tracker, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to My Healing Tracker.
4. Trademarks
All trademarks, common law or registered trademarks, displayed on this Website are the property of their respective owners. Specially, all My Healing Tracker marks are the property of My Healing Tracker, including, but not limited to MY HEALING TRACKER and all My Healing Tracker logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of My Healing Tracker. You are prohibited from using My Healing Tracker's trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of My Healing Tracker.
5. Account and User Registration; Termination
To use My Healing Tracker's tracking services, you must register an Account and create a User Profile. One Account may have multiple User Profiles (e.g., additional family members). To register an Account and create a User Profile, complete the required information. Please see the Website's Privacy Policy, which is incorporated into this Agreement by reference, regarding the collection and use of this and other information about you. User account information will be used consistent with the Privacy Policy. My Healing Tracker does not endorse you or discriminate based upon any information provided by you or made available for population of your profile.

To register an Account on the Website, you must be at least thirteen (13) years of age. If you input any information for an individual that is less than thirteen (13) years of age, you are fully responsible for all of that information and use.

Users:
To register an Account you must provide payment information. Payment is processed through a third-party payment processor, such as PayPal. My Healing Tracker offers a fourteen (14) day free trial period where no payment information is collected during the trial period. During the free trial period, you can cancel your Account at any time. A few days before the free trial period ends, you will receive an e-mail to make a payment and continue using your account with no change in your access. If you do not make the payment upon expiration of the fourteen (14) day free trial period, then you will lose access to your account and you will only be able to view the information you have entered during your trial period. The monthly rate is $12.95 a month for each User Profile in an Account. You may also choose to save and pay the annual rate of $99.00. Payment will be processed monthly, or annually if you have opted to pay the annual rate, until you cancel your Account. You can cancel your Account at any time. Upon notice of cancellation, you will pay the pro-rated amount for your annual subscription fees and Administrative Fees of fifteen (15) percent of your pro-rated amount. If a discounted rate was applied, the payment for cancellation purposes will be calculated from the non-discounted rate.

Health Care Providers:
Health care providers may register a free account to the Website. Health care providers can view information provided in a User Profile after being invited by the individual users. The access to the Website will be "read only" and limited to only viewing shared User Profiles. Health care providers can purchase multiple licenses in bulk for the users. Payment is processed through a third-party payment processor, such as PayPal. Health care providers can cancel their Licenses at any time. Discounted rates may be applicable for licenses purchased in bulk. Upon notice of cancellation, the assigned licenses will be pro-rated from the user's annual subscription fees. If licenses were purchased at a discounted rate, the payment for cancellation purposes will be calculated from the non-discounted rate.

You agree that you are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website and/or purchase of services through the Website to that applicable governmental entity.

My Healing Tracker may change any terms, conditions, rates, fees, expenses, or charges regarding your use of the Website at any time. Your use of the Website shall constitute acceptance of any changes made to this Agreement

If you cancel your Account, you will lose access to certain parts of the Website and the Website's associated services, including, but not limited to, your Account, User Profile(s), and any data associated with them. My Healing Tracker is under no obligation to preserve your data for any length of time and will not be responsible for any loss of data. You may export data that you submit through the Website, including reports generated through the Website services. My Healing Tracker is under no obligation to provide you with the data associated with your Account and/or User Profile(s) after cancelation of your account, except as otherwise provided in the Privacy Policy. My Healing Tracker recommends that you maintain your own backup of Account and User Profile data.

You agree to provide My Healing Tracker with accurate, up to date, and complete information. You understand and agree that they have an ongoing duty to update your personal information if and when it changes. You are expressly prohibited from creating an Account or User Profile that impersonates another person or otherwise violates the rights of a third party. My Healing Tracker reserves the right to restrict access to, suspend, disable, or delete your Account or User Profile at any time, in its sole discretion, and without prior warning. You are expressly prohibited from selling, leasing, lending, assigning, or otherwise transferring your Account or User Profile.

You agree to keep your Account secure from unauthorized access. You will log in using your account password. You should not to reveal your password to others. You agree that you alone are responsible for your Account and all associated User Profiles. You accept full responsibility for any and all use of your Account, whether authorized or unauthorized. In the case of unauthorized access to your Account, you agree to contact My Healing Tracker immediately. You agree to hold harmless and indemnify My Healing Tracker for any damages that arise out of or in relationship to the use of your Account. By creating an Account, you agree that My Healing Tracker, and its designees and agents, may contact you by any available means, include, but not limited to, by email.
6. User Generated Content
My Healing Tracker may provide you with the ability to submit user generated content to the Website, which may include but is not limited to text and other content (collectively "User Generated Content"). Except as otherwise licensed herein, you own all rights in and to your User Generated Content. User Generated Content may be hosted, shared, and/or published as part of the Website's associated services. User Generated Content posted to public areas of the Website, including as comments to blog posts, will be publicly visible to all visitors of the Website. You may also, in some instances, share User Generated Content in your profile with your health care provider. User Generated Content that is entered into your private profile will be viewable only by those health care provider users you invite to view your profile content. You expressly acknowledge, however, that My Healing Tracker does not guarantee any confidentiality with respect to any submissions of your User Generated Content.

By submitting User Generated Content to the Website, you grant My Healing Tracker a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, display, research, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services, improving the Website or its associated services, and archiving or making backups of the Website. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.

You warrant that any User Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.

You agree that you are solely responsible for any User Content that you submit to the Site. My Healing Tracker acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content. Health care provider users expressly acknowledge that users may share sensitive and personal health information through the Website and agree to maintain the confidentiality of such information shared with them by users in compliance with health care industry legal and regulatory requirements and appropriate industry standards. Users are encouraged to discuss their health care provider's privacy practices with them prior to sharing User Generated Content with a health care provider. . Upon registering to the Website, health care providers give My Healing Tracker the right to display their information and content to registered account users of this Website. Health care provider information and content will only be available to registered account users of this Website. My Healing Tracker does not guarantee the confidentiality of any User Generated Content you share through the Website with any third party. My Healing Tracker does not validate the credentials or authenticity of any health care providers using the Website. Users expressly acknowledge that they interact with and share information with other users at their sole risk.

My Healing Tracker reserves the right to remove User Generated Content without prior notice and may, at its sole discretion, remove User Generated Content that it determines, at its sole discretion, violates the terms of this Agreement. My Healing Tracker also reserves the right to terminate a user's access to the Website for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms of this Agreement, or for no reason, and without prior notice.
7. Section 230 of Communications Decency Act
You acknowledge and agree that My Healing Tracker is an interactive computer service provider under Section 230 of the Communications Decency Act. Though My Healing Tracker may edit, remove, or control the content displayed through the Website, you agree that My Healing Tracker will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.
8. Third Party Links
You understand that the Website may contain links to third party websites, applications, or services that My Healing Tracker does not own or control. You agree that My Healing Tracker will not be held responsible or liable for the content of third party websites, applications, or services and that My Healing Tracker's inclusion of those websites, applications, or services within its Website does not constitute My Healing Tracker's endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.
9. No Endorsement
My Healing Tracker does not endorse or recommend any commercial product, process, or service or any particular health care provider. The views and opinions of users, contributors, and others expressed on this Website do not necessarily state or reflect those of My Healing Tracker and are not intended to be used for advertising or product endorsement purposes.
10. User Conduct
You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.

Specifically, you are expressly prohibited from: using a robot, spider, scraper, or other automated technology to access the Website; imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website; circumventing My Healing Tracker's technological and physical security measures; impersonating another; posting or transmitting content that threatens or encourages bodily harm or destruction of property; posting or transmitting content that infringes upon the intellectual property rights of other users of the Website or third parties; posting or transmitting content that is offensive, derogatory, or obscene; posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter; and posting or transmitting content intended to collect personal or personally identifiable information from users or third parties.
If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to My Healing Tracker by sending an email to legal@myhealingtracker.com .
11. Term and Termination
This Agreement will remain in full force and effect so long as the Website is in operation. My Healing Tracker may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.
12. Disclaimer of Warranties
MY HEALING TRACKER DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES PURCHASED THROUGH THE WEBSITE. MY HEALING TRACKER PROVIDES THE WEBSITE AND THE SERVICES PROVIDED THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

MY HEALING TRACKER WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. MY HEALING TRACKER IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. MY HEALING TRACKER RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

MY HEALING TRACKER WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.
13. Limitation of Liability
MY HEALING TRACKER WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR USE OF SERVICES OFFERED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT MY HEALING TRACKER CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR SERVICES PURCHASED THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO MY HEALING TRACKER, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
14. Indemnification
You agree to hold harmless, indemnify, and defend My Healing Tracker, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services purchased through the Website, your reliance upon advice provided through the Website, your submission of User Generated Content to the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.

Your obligation to defend My Healing Tracker under the terms of this Agreement will not provide you with the right to control My Healing Tracker's defense, and My Healing Tracker reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify My Healing Tracker.
15. Assignment
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. My Healing Tracker may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
16. Resolution of Disputes and Governing Law
This Agreement will be interpreted under and governed by the laws of the State of North Carolina without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against My Healing Tracker will be exclusively resolved through arbitration.

YOU AND MY HEALING TRACKER AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF SERVICES FROM MY HEALING TRACKER, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN CHARLOTTE, NORTH CAROLINA AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF NORTH CAROLINA AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY'S REASONABLE ATTORNEYS' FEES. YOU AND MISSOIN TO HEAL AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF NORTH CAROLINA. YOU AND MY HEALING TRACKER AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
Severability
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
Integration
My Healing Tracker hereby incorporates its Privacy Policy and its Copyright Policy into this Agreement. This Agreement and its incorporated Privacy Policy and Copyright Policy constitutes the entire agreement between the parties with respect to the use of the Website and its associated services. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind My Healing Tracker.
No Waiver
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
Child Online Privacy Protection Act
The Website is not directed to persons under the age of eighteen (18) and My Healing Tracker will not knowingly collect personally identifiable information from children under the age of eighteen (18). If My Healing Tracker inadvertently collects such personally identifiable information, My Healing Tracker will delete the personally identifiable information in accordance with its security protocols.
COPYRIGHT POLICY
The Myhealingtracker.com website ("Website") and its associated content and services are © 2014 My Healing Tracker, LLC ("My Healing Tracker").

Myhealingtracker.com respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party's intellectual property rights. Unless otherwise stated, this Website and all content within this site are the property of Myhealingtracker.com and are protected by copyright and other intellectual property laws.

By using this Website, you agree that you will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information.

If you believe that a user of Myhealingtracker.com has infringed upon your copyright rights, please provide Myhealingtracker.com with a notice of copyright infringement in compliance with $ 512 of the Digital Millennium Copyright Act. Once Myhealingtracker.com receives a notice of copyright infringement in compliance with $ 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. Myhealingtracker.com will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to Myhealingtracker.com with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.

The notice of copyright infringement must be in compliance with $ 512 of the Digital Millennium Copyright Act and must also contain the following:
1) The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
2) Identification of the copyrighted work(s) alleged to have been infringed;
3) The location of the copyrighted work(s) on the Website;
4) Your contact information, such as an address, telephone, fax number, or email address;
5) A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
6) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

Conversely, if you are a Website user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:
1) Identification of the specific materials that have been removed from the Website;
2) Your contact information, such as an address, telephone, fax number, or email address;
3) A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
4) A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if you are outside of the US, that you consent to the jurisdiction of the federal courts located in North Carolina;
5) A statement that you will accept service of process from the notifying party; and
6) Your physical or electronic signature.

Notifications of copyright infringement and counter-notifications may be submitted to:
Traverse Legal, PLC, 810 Cottageview Drive, G20 Traverse City, MI 49684, with a copy to dmcaagent@traverselegal.com.
Limitation On Actions
MY HEALING TRACKER AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
Reservation of Rights
All rights not expressly granted herein are reserved to My Healing Tracker.
Notice
Any notice required by this Agreement must be in writing, and must be mailed by certified mail with return receipt requested to:
My Healing Tracker LLC
P O Box - 474078
Charlotte, North Carolina 28247

A copy of any such notice must be emailed to legal@myhealingtracker.com, but email notice alone shall not comply with the notice requirements of this Agreement.
This Agreement is enforced by the Internet lawyers of Traverse Legal, PLC.