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Insight Care Management Program Portal Terms of Use

Tactile Systems Technology, Inc., (D/B/A “Tactile Medical,” “we”, “us”, “our”, or similar) is making this portal available to its distributors for the purposes of supplying Tactile Medical information relevant to contacting a current or potential product user (collectively, the “Services”).

These Portal Terms of Use (“Terms”) are by and between you and Tactile Medical and govern your access and use of the Services. “You” and similar terms means you, as an individual, as well as any organization, business, or entity on whose behalf you are accessing or using the Services (“Organization”). By accessing or using the Services, and entering into these Terms, you represent and warrant that you are authorized to enter into these Terms on behalf of yourself and such Organization.

By: (i) accessing or using the Services, including visiting our website, or (ii) otherwise clicking on the “I Agree,” “Submit,” “Create Account,” or similar button or check box when prompted, you accept and agree to be bound and abide by these Terms. You also agree to bind the Organization on whose behalf you are accessing or using the Services. If you do not want to agree to these Terms, you must not access or use the Services.

Use of our Services is also subject to our Online Privacy Policy. Please review our Online Privacy Policy carefully to learn how Tactile Medical collects, uses, and discloses your information. You hereby consent to any information we collect from or about you being used and disclosed by us in accordance with our Online Privacy Policy.

The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are 18 years of age or older and otherwise meet all of the eligibility requirements contained herein. If you do not meet all of these requirements, you must not access or use the Services.

Tactile Medical reserves the right to make changes to these Terms at any time. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. If you are dissatisfied with the Services or these Terms, you must discontinue using the Services. Please contact us using the “Contact Us” information below with any questions.

Accessing the Services

Subject to your compliance with these Terms, we hereby grant you a non-exclusive, non-transferable right to access and use the Services, solely and strictly in accordance with these Terms and applicable laws. You understand and agree that the Services are provided under license to you, not being sold to you, and you do not gain any ownership interest of any kind in the Services under these Terms.

We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users. Tactile Medical does not make any representations or guarantees regarding uptime or availability of the Services.

You are responsible for: (i) making all arrangements necessary for you to have access to the Services; and (ii) ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.

We may block, limit, or terminate your access to the Services for any reason, including if: (i) you violate these Terms; (ii) you violate any applicable law or regulation relating to your use of the Services; (iii) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; or (iv) you breach any other agreement with us.

Portal Account

In order to access the Tactile Medical distributor portal (“Portal”), you may be required to create an account with Tactile Medical that may include choosing an account name and setting a password. When you do so, the information you provide Tactile Medical must be accurate, complete, and up to date. If you are an administrative user, you represent and warrant you have the authority to grant the account credentials you create and you are solely responsible for managing all credentials. When registering with Tactile Medical, you shall not impersonate anyone else, choose names that are offensive, or violate anyone’s rights. If you do not follow these rules, we may cancel your account. Depending on the level of permissions assigned to your user account, you may not have access to or be able to view or use all of the functions or features of the Services.

You acknowledge and agree that you are responsible for all the activity on your account, and for keeping your account credentials secure and confidential. If you have reason to believe that someone has accessed or used your account without your permission, you must immediately change your password and report the incident to Tactile Medical using the “Contact Us” details below. You will be held liable for losses incurred by Tactile Medical, or any other user of the Services, due to someone else using your Tactile Medical password or account. You shall not use anyone else’s Tactile Medical password or account at any time. Tactile Medical cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Appropriate Use

The Services are controlled and operated by Tactile Medical from its offices within the United States. The Services are not intended to subject Tactile Medical to any non-U.S. jurisdiction or law. Tactile Medical makes no representation that the information or materials on or linked through the Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules, and regulations in their respective location in doing so.

You shall not use the Services for any purposes beyond the scope of the access granted by these Terms. You shall not at any time, directly or indirectly, and shall not permit any users to: (i) reproduce, modify, adapt, translate, create derivative works of, or otherwise exploit any portion of the Services; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services to any third party; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services or Tactile Medical systems, in whole or in part; (iv) remove any proprietary notices from the Services; or (v) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

In connection with the Services, you are solely responsible for your actions, and the actions of your authorized users. You and your authorized users shall: (a) abide by all local, state, national, and international laws and regulations applicable to your use of the Services, including without limitation all laws regarding the transmission of technical data via the Services; (b) use commercially reasonable efforts to prevent any viruses, corrupted files, or any other similar software or programs that may damage the operation of the Services, or result in any loss, disruption, or authorized access of hardware or data, from being introduced to the Services; (c) not transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, hateful, or otherwise objectionable material of any kind or nature; (d) not transmit any material that encourages conduct that could constitute a criminal offense or give rise to civil liability; and (e) not provide any information (including Consumer Data, as defined below) that is in violation of, or induces Tactile Medical to violate, any laws, including without limitation the Telephone Consumer Protection Act of 1991, the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003, Section 5 of the Federal Trade Commission Act, Canada’s Anti-Spam Legislation, the California Invasion of Privacy Act, the Federal Electronic Communications Privacy Act, and similar marketing and communication laws. You acknowledge and agree that Tactile Medical may remove or disable any violating content transmitted via the Services without prior notice to you. You represent and warrant that you have obtained and shall maintain all consents, permissions, and authorizations necessary for Tactile Medical to contact any individual using the information you upload to the Portal for marketing purposes.

We reserve the right to terminate access to the Services at any time, for any reason. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

Intellectual Property Ownership

You acknowledge that, as between you and Tactile Medical, Tactile Medical owns all right, title, and interest, including all intellectual property rights, in and to the Services (including the code for the software powering the Portal) and, with respect to third-party materials, the applicable third-party owns all right, title, and interest, including all intellectual property rights, in and to the third-party materials, trademarks, images, and related designs.

Tactile Medical names and logos, including TACTILE MEDICAL, and all related product and service names, design marks and slogans are the trademarks or service marks of Tactile Medical or Tactile Medical’s licensors. All rights are reserved. You are not authorized to use any Tactile Medical name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Tactile Medical. All other trademarks, trade dress, images, photographs, and other works appearing in connection with the Services are the property of their respective owners.

The entire contents and design of the Services are protected by U.S. and international copyright law. All rights regarding the Services and materials contained on the Services are either owned by Tactile Medical, are licensed to it, or are used with permission. Tactile Medical and its licensors, vendors or other service providers retain and reserve all proprietary and property rights to the contents of the Services.

Updates

We may from time to time in our sole discretion develop and provide Services updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features for the Portal (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

Distributor Information

The Services may allow you to upload, post, transmit, or share information, text, data, photographs, and other content related to a current or potential product user (collectively, “Consumer Data”). In uploading, posting, or sharing such Consumer Data, you grant Tactile Medical and its affiliated entities a non-exclusive, sublicensable, perpetual, worldwide, royalty-free license to display, access, view, store, and/or download Consumer Data, and post or forward Consumer Data to others, for any lawful business purpose. You represent and warrant that: (i) you own or control all rights in and to the Consumer Data and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (ii) all of your Consumer Data does and will comply with these Terms. You further represent and warrant that the disclosure of Consumer Data to Tactile Medical in connection with the Services does not violate any laws, rules, or regulations, and is full compliance with your obligations under the Health Insurance Portability and Accountability Act of 1996. Any derivatives of Consumer Data shall be owned by Tactile Medical, and you hereby assign any and all rights, title, and interest you may have in and to any such derivatives.

You are responsible for any Consumer Data, including its legality, reliability, accuracy, and appropriateness. Tactile Medical is not responsible or liable to any third party for the content or accuracy of any Consumer Data submitted by you or any other user of the Services.

The following content standards apply to any and all Consumer Data and use of the Services. Consumer Data must in its entirety comply with all applicable federal, state, local, and international laws, and regulations. Without limiting the foregoing, Consumer Data must not:

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.

Warranty Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND TACTILE MEDICAL HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, OTHER THAN THOSE EXPRESSLY PROVIDED FOR HEREIN. TACTILE MEDICAL SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. TACTILE MEDICAL MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR THE USE THEREOF, WILL MEET YOURS OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.

Transmission of information via the internet is not completely secure. We cannot guarantee the security of your personal information transmitted via the Services. Any transmission of personal information is at your own risk. You acknowledge and agree that we are not responsible for circumvention of any privacy settings or security measures contained in the Services.

Limitations of Liability

TACTILE MEDICAL DISCLAIMS ALL LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER TACTILE MEDICAL WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL TACTILE MEDICAL’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE EXCEED $100.

Indemnification

You agree to defend, indemnify, and hold Tactile Medical, its parent and affiliate entities, and all of its and their owners, officers, directors, employees, contractors and service providers, harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Services, your Consumer Data, your violation of applicable laws, rules or regulations, or your breach of these Terms.

Governing Law, Waiver of Jury Trial, and Waiver of Class Actions

These Terms are governed by and construed in accordance with the laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota in each case located in the City of Minneapolis. You hereby consent to such jurisdiction and venue and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

YOU AGREE THAT TACTILE MEDICAL AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY. YOU FURTHER AGREE THAT ANY DISPUTE RESOLUTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION OR ANY SIMILAR COLLECTIVE LEGAL ACTION. YOU WILL PURSUE ANY CLAIM OR DISPUTE REGARDING TACTILE MEDICAL IN YOUR INDIVIDUAL CAPACITY AND NOT AS PART OF A CLASS ACTION OR COLLECTIVE ACTION.

ANY CLAIM BY YOU MUST BE RAISED WITHIN TWELVE (12) MONTHS FROM THE DATE ON WHICH THE CLAIM AROSE OR IT IS WAIVED AND VOID.

Miscellaneous

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without our prior written consent.

These Terms and the Online Privacy Policy constitute the sole and entire agreement between you and Tactile Medical regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Contact Us

If you have questions about these Terms, please contact us at:
Tactile Systems, Inc.
Phone: 1.833.382.2845 ext. 55211
Email: compliance@tactilemedical.com
Website: https://afflovest.com/contact-us/