Terms and Conditions
BIPTrack (the "Service") provided by BIPTrack- a division of Dactyl Technologies, LLC. The service ("BIPTrack") with permission of your business, school, school district, teacher, or other responsible collaborating authority (the "Subscriber") is made available to you (the "User") subject to the following Terms and Conditions. By using and accessing this Service located at www.BIPTrack.com (and related subdomains), you are agreeing to be bound by, and to comply with, these Terms and Conditions and any other terms and conditions or terms of service posted on any individual page of this Service.
BIPTrack is a cloud-based data collection, skill program instruction, and reporting portal for Therapists, teachers, and parents.
If you are a behavior analyst, paraprofessional or behavioral therapist acting as a client/student data collector, the following provisions apply:
If you are accessing BIPTrack on behalf of a business, School or District, the following provisions also apply:
- You will only register for and access BIPTrack as a therapist registrant, and not as a supervisor (primary), supervisor, case manager, teacher, parent, or any other category of user.
- You will only access BIPTrack using the access path (client/student association) permitted to you by your supervisor or case manager. You may not use any access which you receive from other parents, teachers or other staff members or which you did not receive directly from your supervisor or case manager.
If you are accessing BIPTrack as a Teacher or school administrator, the following provisions also apply:
- You will only grant access to behavioral therapists, paraprofessionals, teachers and parents who are current employees of your business, school or district or parents or guardians of related clients. Upon termination of a staff member's employment with you, you will require such individual to notify you and cease using all access to BIPTrack he or she has in his or her possession. If at any time you learn a user of BIPTrack claims to be affiliated with your business, school or district who is not, in fact, affiliated with your business, school or district, you will notify BIPTrack immediately.
If you are accessing BIPTrack as a Parent or non-school affiliated person, the following provisions also apply:
- You represent and warrant that you have permission from your school or district to enter into these Terms, to use BIPTrack as part of your curriculum, and that you have the authority to bind your school or district to these Terms.
- You will only use the access path provided to you by your child's behavioral analyst's team.
- You understand that your acceptance of these Terms indicates that you are agreeing to these Terms both on your own behalf as well as on behalf of your child or children who are monitored through BIPTrack.
We reserve the right to disclose your or your client's personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.
Internet Privacy & Security
BIPTrack and your business or school work together to protect the online privacy of all team members that use BIPTrack, including therapists, paraprofessionals, aides, clients, students, parents, teachers, and administrators. BIPTrack information collection, security, and privacy policies have been authorized by your business or school, and BIPTrack strives to manage your business or school's client content in a secure manner. For example, BIPTrack uses industry standard SSL (secure socket layer) encryption to transfer private, personal information, the same technology used by online banks. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure, and BIPTrack cannot ensure or warrant the security of any information managed by the site, whether transmitted to BIPTrack by you, your business/school, or collaborating teachers, parents, or other client collaborators. By agreeing to BIPTrack's Privacy Statement and Terms and Conditions, you agree to use BIPTrack at your own risk, and agree that BIPTrack shall not be liable if a security breach occurs, if the site malfunctions, or if information is misused or mismanaged in any way to your detriment or the detriment of a third party, whether by BIPTrack, your business/school, collaborating teachers, or an unauthorized third party.
Ownership of BIPTrack Website Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, audio content, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, process, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the BIPTrack website is owned, controlled or licensed by or to BIPTrack, and is protected by copyright and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms and Conditions, no part of the BIPTrack website and none of the Content on the BIPTrack website may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without BIPTrack's express prior written consent.
You may use information on BIPTrack products and services (such as Notes, Reports, Library Content, Templates, Frequently Asked Questions articles, and similar materials) intentionally made available by BIPTrack for downloading from the BIPTrack website, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
User Generated Content
Subscribers of BIPTrack have the ability to add to and modify content on our site for their purposes. These modifications are stored on our servers. BIPTrack does not make claims on this user generated content.
Subscribers of BIPTrack upload, store, and modify content using our proprietary tools and servers. BIPTrack does not make any claims on this user generated content.
BIPTrack does not control the discussions between logged in collaborators on the system. You understand and agree that BIPTrack has no obligation to monitor the user generated content .
Both BIPTrack and Subscriber reserve the right at all times to disclose any information posted by you or any other user as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in BIPTrack's sole discretion are objectionable or in violation of these terms and conditions.
Your Responsibility Regarding Use of the Service
You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
As a BIPTrack user, you are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under their account as a result of your failing to keep this information secure and confidential. You agree to notify BIPTrack immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by BIPTrack or any other user of or visitor to the BIPTrack website due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential.
You agree to not use another user's username, password or account at any time without the express permission and consent of the holder of that username, password or account. BIPTrack cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
It is your responsibility to use this Service only for the purpose in which it was intended. Any use of the Service not in accordance with the intended purpose is prohibited.
You may not attempt to gain unauthorized access to any portion of the BIPTrack website, or any other systems or networks connected to the BIPTrack website or to any server maintained by BIPTrack or Dactyl Technologies, LLC, or to any of the services offered on or through these websites, by hacking, password "mining" or any other illegitimate means.
You may not use any "page-scrape", "robot", "spider" or other program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the BIPTrack website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the BIPTrack website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the BIPTrack website. BIPTrack reserves the right to bar any such activity.
You may not probe, scan or test the vulnerability of the BIPTrack website or any network connected to the BIPTrack website, nor breach the security or authentication measures on the BIPTrack website or any network connected to the BIPTrack website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the BIPTrack website, or any other customer of BIPTrack, including any BIPTrack account not owned by you, to its source, or exploit the BIPTrack website or any service or information made available or offered by or through the BIPTrack website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the BIPTrack website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the BIPTrack website or BIPTrack's systems or networks, or any systems or networks connected to the BIPTrack website or to BIPTrack.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the BIPTrack website or any transaction being conducted on the BIPTrack website, or with any other person's use of the BIPTrack website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to BIPTrack on or through the BIPTrack website or any service offered on or through the BIPTrack website.
You may not use the BIPTrack website or any Content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of BIPTrack or others.
If you are a therapy collaborator, parent, teacher, or faculty member you may have the ability to communicate with other therapists, parents, teachers, or faculty members through private messages. Please be aware that any personal information you choose to share within these messages may be used by other members to send you unsolicited messages. We are not responsible for the personal information you choose to share within these messages.
Both BIPTrack and Subscriber reserve the right at all times to disclose any information posted by you or any other user as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in either BIPTrack or Subscriber's sole discretion are objectionable or in violation of these terms and conditions.
We post customer testimonials on our web site which may contain personally identifiable information. We will obtain the customer's consent via email prior to posting the testimonial to post their name along with their testimonial. To request removal of your personal information from our testimonials, contact us at contact_us@BIPTrack.com
. In rare cases, we may not be able to remove your personal information immediately, in which case we will let you know if we are unable to do so and why.
Updating, Correcting or Deleting Personally Identifiable Information.
If you no longer desire our service, you may email our Customer Support: contact_us@BIPTrack.com
. We will respond your access request within 10 days.
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at contact_us@BIPTrack.com
. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We use session cookies on this site. We do not link the information we store in cookies to any personally identifiable information you submit while on our site. A session ID cookie expires when you close your browser.
BIPTrack does not use persistent cookies. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" file.
Links to Other websites
If you click on a link to a third-party site, you will leave BIPTrack.com and be redirected to the site you selected. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your personally identifiable information by such third parties, and we cannot guarantee that they will adhere to the same privacy practices as BIPTrack.com. We encourage you to review the privacy statements of any other service provider from whom you request services. If you visit a third-party website that is linked to the BIPTrack.com site, you should read that site's privacy statement before providing any personally identifiable information.
BIPTrack has added a translation feature powered by Google™ Translate to assist users in understanding information that is provided on this website by BIPTrack personnel and other BIPTrack users in a variety of non-English languages. Please be aware that Google™ Translate, a free third party service which BIPTrack does not control, provides automated computer translations that may not give an accurate translation all of the time.
The content of this site originated in English. If there are differences between the English content and its translation, the English content is always the most accurate. By choosing a language from the Google Translate menu, the user accepts the legal implications of any shortcomings or differences in the translation.
While Google's translation service uses state-of-the-art technology, it does so without the intervention of human translators. Thus, the translations provided as part of the service are only an approximation of the website's original content. You should not rely on Google™ Translate to provide an exact translation of the website. NOT all text may be translated correctly and some portions of the website may not be translated at all. Some files and other items cannot be translated, including but not limited to, video content, graphical buttons, drop down menus, graphics, and photos. In addition, some applications and/or services may not work as expected when translated.
BIPTrack has no control over the nature, content, and availability of the service, and accordingly, cannot guarantee the accuracy, reliability, or timeliness of the translation. BIPTrack shall not be liable for damages or losses of any kind arising out of, or in connection with, the use or performance of such information, including but not limited to, damages or losses caused by reliance upon the accuracy, reliability or timeliness of any such information, or damages arising from or in connection with use of the Google™ Translate Service.
BIPTRACK DOES NOT PROMISE THAT THE BIPTRACK WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE BIPTRACK WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE BIPTRACK WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE BIPTRACK WEBSITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE BIPTRACK WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BIPTRACK CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE BIPTRACK WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. BIPTRACK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BIPTRACK DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE BIPTRACK WEBSITE AND/OR ANY BIPTRACK SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE BIPTRACK WEBSITE AND ANY LINKED BIPTRACK WEBSITES. YOUR SOLE REMEDY AGAINST BIPTRACK FOR DISSATISFACTION WITH THE BIPTRACK WEBSITE OR ANY CONTENT IS TO STOP USING THE BIPTRACK WEBSITE OR ANY SUCH CONTENT.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, computer virus, communication line failure, defect, delay in operation or transmission, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
BIPTrack reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the BIPTrack website, or any portion of the BIPTrack website, for any reason; (2) to modify or change the BIPTrack website, or any portion of the BIPTrack website, and any applicable policies or terms; and (3) to interrupt the operation of the BIPTrack website, or any portion of the BIPTrack website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will BIPTrack be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if BIPTrack has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms and Conditions, BIPTrack is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the BIPTrack website or any Content, BIPTrack's liability shall in no event exceed the total of one month of your subscription.
You agree to indemnify and hold BIPTrack, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against BIPTrack by any third party due to or arising out of or in connection with your use of the BIPTrack website.
Violation of These Terms and Conditions
BIPTrack may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the BIPTrack website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) BIPTrack's rights or property, or the rights or property of visitors to or users of the BIPTrack website, including BIPTrack's customers. BIPTrack reserves the right at all times to disclose any information that BIPTrack deems necessary to comply with any applicable law, regulation, legal process or governmental request. BIPTrack also may disclose your information when BIPTrack determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that BIPTrack may preserve any transmittal or communication by you with BIPTrack through the BIPTrack website or any service offered on or through the BIPTrack website, and may also disclose such data if required to do so by law or BIPTrack determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms and Conditions, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of BIPTrack, its employees, users of or visitors to the BIPTrack website, and the public.
You agree that BIPTrack may, in its sole discretion and without prior notice, terminate your access to the BIPTrack website and/or block your future access to the BIPTrack website if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of the BIPTrack website. You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to BIPTrack, for which monetary damages would be inadequate, and you consent to BIPTrack obtaining any injunctive or equitable relief that BIPTrack deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies BIPTrack may have at law or in equity.
You agree that BIPTrack may, in its sole discretion and without prior notice, terminate your access to the BIPTrack website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the BIPTrack website or any service offered on or through the BIPTrack website, or (4) unexpected technical issues or problems.
If BIPTrack does take any legal action against you as a result of your violation of these Terms and Conditions, BIPTrack will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to BIPTrack. You agree that BIPTrack will not be liable to you or to any third party for termination of your access to the BIPTrack website as a result of any violation of these Terms and Conditions.
Terms of This Agreement
a. Subscriber shall pay to BIPTrack the subscription fee (the "Subscription Fee") in the amount and for the duration that Subscriber has entered and agreed to pursuant to the sign up page for this Agreement.
b. Clients currently receiving services are considered "Active" and must be indicated by Subscriber as "Active (Billable)".
c. The Subscription Fee for the first Subscription Period (either month or year, as applicable) of the term of this Agreement shall be paid on the Effective Date. The Subscription Fee for all subsequent Subscription Periods of the term of this Agreement shall be paid to Provider on the first day of each subsequent Subscription Period, pursuant to subsection d, below.
d. The amount of the Subscription Fee does not include any applicable taxes. Subscriber is responsible for any and all applicable taxes.
e. Subscriber shall make payment of invoices in U.S. Dollars ($) via check, money order, or bill.com payment within thirty (30) days to BIPTrack.
f. Any additional payment terms between Provider and Subscriber shall be agreed to in writing.
g. This Agreement shall continue thereafter for successive periods of one (1) month or one (1) year, as applicable (each such successive period being a "Renewal Term"), commencing on the last day of the Initial Term or any Renewal Term, unless at least sixty (60) days prior to the last day of the Initial Term or any Renewal Term, either party has provided the other written notice of an intent not to renew. Licensee acknowledges that it is responsible for payment of the entire Renewal Term unless the Agreement is canceled in accordance with the notice provisions of this paragraph. The "Start Date" shall be the date of dissemination by BIPTrack of authorization for such Licensed Product to Licensee; provided, that for existing customers with authorization, the "Start Date" shall be the date noted on the paid invoice of this Agreement by BIPTrack.
h. BIPTrack and/or Dactyl Technologies, LLC reserves the right to suspend any customer access if payment has not been received within 45 days of the customer invoice date unless otherwise agreed upon.
Amendment of BIPTrack's Practices and This Statement
BIPTrack and/or Dactyl Technologies will from time to time may review and revise its terms and conditions. Policy changes will apply from the date of the revised Terms and Conditions as well as to existing accounts held by BIPTrack. Please refer to the BIPTrack.com website for the most current version of our Terms and Conditions.