A. Cookie Notice
Effective Date: INSERT
True Mobile Health LLC d/b/a Sharetek (“Sharetek”) may use the information collected through these technologies to better display our website, to save you time, to provide better technical support, for promotional purposes, and to measure and analyze website usage. These technologies help us to: (1) keep track of whether you are signed in or have previously signed in so that we can display all the features that are available to you; (2) remember your settings on the pages you visit, so that we can display your preferred content the next time you visit; (3) customize the function and appearance of the pages you visit; and (4) measure and analyze website usage for various purposes including providing and enhancing the Services.
You may be able to refuse or disable cookies by adjusting your web browser settings. Some browsers have options that allow the visitor to control whether the browser will accept cookies, reject cookies, or notify the visitor each time a cookie is sent. Because each web browser is different, please consult the instructions provided by your web browser (typically in the “help” section). If you choose to refuse, disable, or delete these technologies, some of the functionality of the Services may no longer be available to you. And deleting cookies may in some cases cancel the opt-out selection in your browser. Although most browsers and devices accept cookies by default, you can usually manage settings to clear or decline cookies (for instance, by using a “private” or “incognito” mode). If you disable cookies, however, some of the features of our services may not function properly.
To learn more about how to opt-out of ad targeting (and Targeting Cookies), you can go to the Network Advertising Initiative (NAI), the Digital Advertising Alliance’s Consumer Choice (DAA), or Your Online Choices (EDAA) if you are in the European Economic Area. If you use these tools, you will need to opt-out separately for each of your devices and for each web browser on each device. You may also be able to limit interest-based advertising through the settings on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest-based ads” (Android).
This Cookie Notice may be updated from time to time. If we make any changes, we will notify you by revising the “Effective Date” at the top of this Cookie Notice.
B. Website Footer Disclaimer.
DISCLAIMER: Information contained on this website has been obtained from sources believed reliable, but may be subject to errors or omissions. True Mobile Health LLC d/b/a Sharetek (“Sharetek”) makes no representation, warranty, or guaranty as to the accuracy, completeness, timeliness, or availability of this information, and is not responsible for any errors or omissions (negligent or otherwise), regardless of cause, or for the results obtained from the access or use of such content. Sharetek does not provide medical, tax, accounting, or legal advice to our clients, and all users of this website are strongly encouraged to perform their own due diligence and to consult with appropriate professionals regarding any potential decision related to this website or Sharetek in general.
The Site is offered and available to users who are 18 years of age or older. By using the Site, you represent and warrant that you are at least 18 years old and of legal age to form a binding, legal contract with Sharetek. If you do not meet all of these requirements, you must not access or use the Site. If you are a parent or guardian and you provide consent for your child to interact with the Site, you agree to be bound by these Terms in respect of such child’s use of the Site. If you are an agent acting on behalf of an institution, you agree, on behalf of said institution, that both you and the institution are bound by the Terms, unless your institution has a separate written service agreement with Sharetek that provides otherwise.
1. Acceptance of Terms.
Sharetek maintains this Site for your personal, non-commercial use. Sharetek grants you a limited, non-exclusive, non-transferable license to access and use this Site in accordance with the Terms. Your access to, and use of, this Site is subject to the following Terms. These Terms shall govern your use of the Site and all of the services provided by Sharetek in connection with this Site (the “Services”) and apply to all Internet traffic visiting the Site. “Services” under these Terms include, but are not limited to, the sale of remote drug and alcohol testing products. This Site, the Content (defined below), and Services are being provided to you expressly subject to these Terms. The Terms are meant to protect all of our Site visitors and by using this Site, you accept, without limitation or qualification, these Terms. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE.
Sharetek reserves the right, in its sole discretion, to modify, alter, or otherwise update these Terms at any time. Such modification will be effective immediately upon posting on the Site. Please check this page periodically for changes. Your continued use of the Site following the posting of changes to these Terms will evidence your receipt and acceptance of the changes to the Term.
2. Changes to Terms.
Sharetek reserves the right to amend these Terms at any time, for any reason, without notice to you, other than posting of the amended Terms on this Site. If we decide to update our Terms, we will post these changes on this page. All changes are effective immediately when we post them and apply to all access to, and use of, the Site thereafter. Your continued use or revisitation of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
3. Accuracy and Completeness of Information.
This Site provides you with access to certain information and related links (collectively, the “Content”) solely for your personal, non-commercial use. All Content set forth on this Site is from sources regarded as reliable, but may be subject to errors or omissions.
Sharetek makes no representation, warranty, or guaranty as to the accuracy, completeness, timeliness, reliability, or availability of this information, and is not responsible for any errors or omissions (negligent or otherwise), regardless of cause, or for the results obtained from the access or use of such content. Sharetek assumes no liability or responsibility for any omissions or errors in the Content of this Site. All parties are strongly encouraged to perform their own due diligence and consult with the appropriate professional(s) before entering into any type of transaction.
4. Not Professional Advice; No Reliance.
The Site, its Content, and the Services DO NOT PROVIDE MEDICAL ADVICE. No Content or Services offered on or through this Site is a substitute for professional medical advice. You should always seek the advise of your physician or another licensed health care provider with any questions you may have regarding your health.
5. Trademarks, Copyrights, and Intellectual Property Restrictions.
This Site is operated and controlled by Sharetek. All Content on this Site, including, but not limited to text, images, video and audio clips, and illustrations, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (collectively, the “IP”), and is owned and controlled by Sharetek or its affiliates, or by third party content providers, merchants, sponsors, or licensors (collectively “Providers”) who have licensed their content or the right to market their products and/or services to Sharetek. Content on this Site is solely for your personal, non-commercial use. No right, title, or interest in or to the Site or any Content is transferred to you, and we reserve all rights not expressly granted herein. You may request consent to copy, reproduce, republish, upload, post, transmit, and/or distribute the Content or information for a commercial use by receiving prior written consent of Sharetek. You may request written consent by e-mailing a request to Sharetek at: email@example.com. Without the prior written consent of Sharetek, your modification of the Content, use of the Content on any other website or networked computer environment, or use of the Content for any other purpose other than personal non-commercial use, violates Sharetek’s rights in the IP, violates these Terms, and is strictly prohibited.
As a condition to your use of this Site, you warrant to Sharetek that you will not use the Site for any purpose that is unlawful or prohibited by these Terms, including, without limitation, the posting or transmitting any defamatory, libelous, inflammatory, threatening, pornographic, or profane material. If you violate these Terms, then your permission to use the Site immediately terminates without notice. Sharetek retains the right to, in its sole discretion and for any reason, deny access to the Site to anyone.
6. Linked Sites.
7. Disclaimer of Warranties.
THIS SITE, INCLUDING ALL OF ITS CONTENT AND THE SERVICES, ARE BEING OFFERED TO YOU ON AN “AS IS,” WHERE IS,” AND “WHERE AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, SHARETEK, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND RESPECTIVE LICENSORS AND SERVICE PROVIDERS, HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY WITH RESPECT TO THE SITE, SERVICES, AND CONTENT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. ANY USE OF THIS SITE IS AT YOUR OWN RISK. SHARETEK MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES THAT THIS SITE OR COMMUNICATIONS FROM US WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SHARETEK DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO. WITHOUT LIMITING THE FOREGOING, NEITHER SHARETEK NOR ANYONE ASSOCIATED WITH SHARETEK REPRESENTS OR WARRANTS THAT THE SITE, THE CONTENT, OR ANY SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS, OR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ACKNOWLEDGE THAT NEITHER SHARETEK, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THE SITE. YOU FURTHER ACKNOWLEDGE THAT SHARETEK DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED SITES. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT SHARETEK IS NOT RESPONSIBLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO ACCESS OR USE OF THE SITE, CONTENT, AND/OR SERVICES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Liability Limitation and Damages.
- 8.1 Limitation of Liability. In no event and under no legal or equitable theory shall Sharetek or the Sharetek Parties (defined below) be liable for any direct, indirect, special, incidental, or consequential damages arising out of any use of, or inability to use, the Services or the Content contained on or through the Site, including, without limitation, damages for lost profits, loss of goodwill, loss or corruption of data, cost of substitute goods or services, work stoppage, accuracy of results, or computer failure or malfunction. Sharetek may present advertisements or promotional materials on or through the Site. Your dealings with any third-party advertisers on or through the Site are solely between you and such third party and your participation is subject to the terms and conditions associated with that respective advertisement or promotion. You agree Sharetek and the Sharetek Parties are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party materials on or through the Site.
- 8.2 Limitation of Damages. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, THE CONTENT, OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE, CONTENT, AND/OR SERVICES. IN NO EVENT WILL SHARETEK’S OR THE SHARETEK PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE SITE OR YOUR INTERACTION WITH OTHER SITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU TO SHARETEK, IF ANY, FOR ACCESSING THE SITE OR USING THE SERVICES DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
- 8.3 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT SHARETEK HAS OFFERED THE SITE AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SHARETEK, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SHARETEK. SHARETEK WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
9. Registration Information.
11. Representations and Warranties.
You warrant, represent, and agree that you will not interact with or use the Site, Content, or Services in a manner that (i) infringes, violates, or misappropriates another’s intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any international, federal, state or local law, statute, ordinance or regulation or which would render Sharetek in violation of any applicable laws or regulations, including without limitation, applicable privacy laws; (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of the Site or the Services in any way. Additionally, you represent, warrant, and agree that (i) you possess all rights necessary to provide your User Content and grant Sharetek the rights in these Terms; and (ii) you will comply with applications laws in connection with your use of the Site, Content, and Services.
You agree, to the extent permissible under your state’s laws, to indemnify, defend, and hold harmless Sharetek, its parent, successors, affiliated companies, contractors, officers, directors, employees, agents, and its third-party licensors (collectively, “Sharetek Parties”) from and against all losses, damages, liabilities, demands, judgments, settlements, expenses, and costs of any kind, including reasonable attorneys’ fees, resulting from any claim or demand made by any third-party relating to or arising out of: (i) your access to, use, or misuse of the Site or Services; (ii) your breach or alleged breach of these Terms, or any violation of the Terms; (iii) any breach of the representations, warranties, and covenants made herein; (iv) your failure to comply with applicable laws; (v) the infringement by you or any third-party of any IP, privacy, or other right of any person or entity, including in connection with your User Content; or (vi) your breach or alleged breach of any interaction, agreement, or policy between you and any other user. Sharetek reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Sharetek, and you agree to cooperate with Sharetek’s defense of these claims. You agree not to settle any such matter without the prior written consent of Sharetek. Sharetek will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
13. DMCA Notification.
We respect the rights of intellectual property holders. If you believe that any content on the Site violates these Terms or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512). In the case of an alleged infringement, please provide the following information:
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site (including the exact URL);
- An address, a telephone number, and an e-mail address where we can contact you;
- A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; and,
- Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information via mail to: True Mobile Health LLC d/b/a Sharetek, 8687 Via De Ventura Blvd., Suite 315, Scottsdale, Arizona 85258, or via e-mail to: firstname.lastname@example.org.
14. Third Party Rights.
Nothing express or implied in these Terms is intended to confer any benefit upon any person other than Sharetek or the Sharetek Parties. Each of the Sharetek Parties shall have the right to assert and enforce these Terms directly against you on each’s own behalf.
The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you without Sharetek’s prior written, signed consent, but may be assigned by Sharetek without restriction or consent of another party. Any assignment attempted to be made in violation of the Terms shall be null and void.
16. Choice of Law; Alternative Dispute Resolution; Jury Trial and Class Action Waiver..
These Terms shall be exclusively governed by, construed, and enforced in accordance with the laws of the State of Arizona, without regard to its conflict of law or choice of law principles, as they are applied to agreements entered into and to be performed entirely within the State. The State of Arizona has sufficient ties to the subject matter of the Terms to support the parties’ selection of Arizona law to govern and control the interpretation and enforcement of the Terms.
If a dispute, controversy, or claim arises under the Terms (a “Dispute”) for any reason, the parties must first try to resolve it with the help of a mutually agreed-upon mediator in Phoenix, Arizona. The cost of the mediation, other than each party’s attorneys’ fees, will be shared equally by each party. If the parties are unable to arrive at a mutually satisfactory solution during mediation, then the parties agree to submit any unresolved Dispute to binding arbitration in Phoenix, Arizona under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The parties shall mutually agree upon a single arbitrator. If no arbitrator can be agreed upon, then the AAA shall appoint one. The arbitrator shall make findings of fact and law, and shall award the prevailing party its reasonable attorneys’ fees and costs. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. The policies outlined herein are not intended to, and do not create, any contractual or other legal rights in or on behalf of any party under these Terms. If any one or more conditions of these Terms cannot be legally enforced, the subject condition(s) will be applied as fully as possible and the other conditions hereunder shall remain fully effective.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS YOU ARE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WAIVING YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
Any Dispute you have with respect to the Site, Content, Services, and/or these Terms must be commenced within one (1) year after the Dispute arises. Sharetek’s failure to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit Sharetek’s rights with respect to such breach or any subsequent breaches.
You waive any right to assert any claims against Sharetek as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy. To the extent you are permitted by law or court of law to proceed with a class or representative action Sharetek, you agree that: (1) the prevailing party shall not be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action (notwithstanding any other provision of this agreement), and (2) the party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action.
Sharetek may provide you with notices, including those regarding changes to the Terms, by e-mail, regular mail, postings on the Site, or other reasonable means. Notice will be deemed given twenty-four hours after e-mail is sent, unless Sharetek is notified that the e-mail address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Site. In such case, notice will be deemed given three days after the date of mailing. Notices posted on the Site are deemed given 30 days following the initial posting. Any notices directed to Sharetek shall be sent by first class U.S. Mail to True Mobile Health LLC d/b/a Sharetek at: 8687 Via De Ventura Blvd., Suite 315, Scottsdale, Arizona 85258, and also via e-mail to: email@example.com.
18. Entire Agreement.
If any provision of the Terms or is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
20. General Contact Information.
SHARETEK RESERVES ALL RIGHTS, CLAIMS, DEFENSES, REMEDIES, TITLE, AND INTEREST TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS.
The Information Sharetek Collects.
1.1 When You Browse the Site.
Like most websites, the Site collects certain information automatically and stores it in log files. This information is technical and usage information and may include information about how you use our website and Services (e.g., the pages you view, the links you click, etc.), information about your browser and online usage patterns (e.g., Internet Protocol address, browser type, browser language, referring / exit pages and URLs, pages viewed, whether you opened an email, links clic., mobile device identifier, mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, and whether you access the website and Services from multiple devices).
Sharetek collects technical and usage information to fulfil our legitimate interest in understanding how website visitors use the website, and to assist us in more effectively administering the Site and providing the Services. Sharetek uses certain cookies, and more information on these cookies and our use of them can be found on the Sharetek Cookie Statement.
Sharetek may use aggregated data about our Site users and disclose the results of such aggregated (but not personally identifiable) information to our partners, service providers, advertisers, and/or other third parties for our business purposes.ked, etc.), and information about the device(s) you use to access the website and Services (e.g
1.2 Information You Submit to Sharetek Through the Site.
The Site has several features through which you are able to enter personal information. When you fill out a form or provide information through the Site, Sharetek will use that information for the purpose for which it was collected and for other reasonably related purposes Sharetek determines are appropriate. Sharetek may provide your information to third parties for the processing of that information solely for Sharetek’s benefit, but Sharetek will not provide your information to any third party for marketing purposes except in connection with information requests you make that involve third parties or in connection with events that involve presentations or sponsorship by third parties.