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Terms of Use

Data

Data records older than ten (10) years will be purged or archived, at the discretion of Trajecsys. It is the responsibility of users to save data through offline archiving or printout, and we encourage all users to save data as often as possible. If records are archived rather than purged, a fee for recovery may be assessed. If prior users who no longer use the Trajecsys Report SystemTM request data that has not been purged, Trajecsys Corporation shall charge the prior user a fee to provide the data.

 

Payments and Refunds

Educational programs are free to discontinue use of the Trajecsys Report System™ at any time prior to the arranged date for the first payment(s) to Trajecsys Corporation at no charge for setup, testing, or use. Thereafter, a program is free to discontinue the Trajecsys Report System following written notification. Initial payment, including any applicable sales taxes, for system access is due on the date(s) mutually agreed upon by the educational institution and Trajecsys and system access will be denied to users for non-payment 30 days thereafter if payment is not received.

Full refunds (including applicable taxes and excluding any bank fees) will be available for 30 days after the due date as specified by the program in its payment arrangement with Trajecsys Corporation. No refunds will be made thereafter. Program payment arrangements may be revised up to 7 days from the due date and any adjustments or refunds will be processed separately.

In the case that an overpayment or a prepayment is made on an account, a refund check can be issued within the first 30 days. If a refund check is not requested, an account credit will be given for future use. This credit balance will be applied to the next program invoice. Any remaining balance will be kept for the next cohort of students. Trajecsys will hold an account credit for a period of 18 months. At that time, we will notify a program in writing 30 days before the credit is set to expire. If Trajecsys does not receive a response to this notification, the account credit will expire.

Educational programs or students may request assistance from Trajecsys Corporation after termination of their use of the Trajecsys Report SystemTM, for example obtaining copies of the data collected by the Trajecsys Report SystemTM, for additional fees. The educational program will be responsible for paying the following fees at a minimum of one hour. All data-export functions by support will be billed at a rate of $100/hr. All database querying or manipulation or other IT-related task will be billed at a rate of $200/hr.

Students from time to time will drop out of an academic program for any number of issues which may or may not have been related to the student's performance in the academic program.

Trajecsys Corporation requires that if a student has withdrawn from a program for any reason, and then re-enters that program at a later date, the student will pay the required fee as if starting the program over again.

Trajecsys Corporation requires that a student pay the required fee if entering a different program within the same academic/hospital institution, after graduating from a program that uses Trajecsys Report System in multiple areas of the institution.

Example: A student graduates from a radiologic technology program and then enters a diagnostic medical sonography program. The student is required to pay the required fee for access to the Trajecsys Report System in the sonography program.

 

Terms of Use

Trajecsys Terms of Service Agreement ("Agreement") is a binding agreement between you ("User" or "you") and Trajecsys Corporation ("Trajecsys" or “we”). This Agreement governs your use of the Trajecsys Report System, (including all related elements, features and functionalities, the "System").

Terms of Service


The System provides a centralized online services platform for logging and assessing Principal User performance and activity in any participating educational institution’s (“Participating Institution”) training environments. As a User, you are either a:

A) ”Principal User” who typically is a student or other individuals attending a Participating Institution;

B) “Facilitator” a person who is authorized by a Participating Institution to input, manage and/or view program, institution, or Principal User activity/data in the System, an employee/representative of an organization or institution contracted by the Participating Institution to input, manage and/or view Principal User activity/data in the System, a former (Graduate) Student, an authorized Employer, or any other authenticated user in the System who is not a Principal User. A “program administrator” is defined as a Facilitator designated by the Participating Institution as a person who may manage administration of the Trajecsys Report System, such as granting or denying access to Users or completing other tasks as allowed by the administrators of the Participating Institution; or System; and/or

C) “Authorized Anonymous User” any User without a Trajecsys account who is given limited access to fill non-account-specific evaluations or sign off on various forms.

 

If you are none of the above Users, you must exit the System and delete any information from your software or browser.

The use of the System is a subscription service, and you have no property or purchaser rights as the product has not been sold to you.

 

PRINCIPAL USER:

You (a) acknowledge that you have read and understand this agreement; (b) understand that the data you are providing as well as information such as your location and other identifying information that you or other third parties are providing to this System can and most likely will provided to Participating Institutions, its employees, independent contractors and/or other independent parties (c) authorize the redisclosure of any information in the System to any Facilitator (however please note that the Participating Institution may not waive the rights and protections afforded to you under the Family Educational Rights and Privacy Act (FERPA), 20 USC §1232g; 34 CFR Part 99 and this agreement does not ask or require you to waive such rights), (d) represent that you are of legal age to enter into a binding agreement, (e) authorize Trajecsys to use and/or redisclose personal identifying information you and potential Facilitators provide about you only to the relevant Participating Institution for whom you are affiliated with, and (f) accept the other terms and conditions of this agreement including the disclaimer of warranties and limitation of liability sections and agree that you are legally bound by it.

 

If you do not agree to these terms, do not use the System. To the extent you already paid, we offer a refund if you (a) have not already used the System and (b) make your request in writing via certified mail to Trajecsys Corporation, ATTN: Refund Department, 1800 Mendon Road, Suite E-219, Cumberland, RI 02864. Only first-time users who have made payment (in-full or in-part) are eligible for a refund, and additional terms and conditions for payment and refunds may be found in the Payment and Refund policy


You further acknowledge that when you use the System it will redisclose information to Facilitators and others, including input you provide and other information about you provided by Facilitators (as identified below). You are required to provide certain information about yourself as a condition to using the System or certain of its features or functionality, and the System was specifically designed to allow you to share information about yourself with others. All information we collect through or in connection with this System is subject to the Trajecys Privacy Policy found at https://www.trajecsys.com/Policies.aspx. By downloading, installing, using, and providing information to or through this System, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

FACILITATORS, GRADUATES, EMPLOYERS:

You (a) acknowledge that you have read and understand this agreement; (b) acknowledge that you are aware of the appropriate data polices and use of the Participating Institution for the data you are either entering or have access to on this System, c) that you are accessing the System exclusively for legitimate educational interests consistent with Principal User(s) certification/education, or for the purpose of providing relevant information to the Facilitators or Participating Institution which may improve the educational process for current or future Principal Users.

Each time you log in to access or use the System, you are reaffirming the continued acceptance of this Agreement, as modified from time to time.

ALL USERS

Service Grant.

Subject to your payment (if you are a Principal User) and agreement of the terms of this Agreement (for All Users) including the relevant terms of service, Trajecsys grants you limited, non-exclusive, and nontransferable access to:

    1. use the System only for uses stated above;
    2. use the System on any device owned or otherwise controlled by you ("Device") strictly in accordance with the System's documentation and insofar as it will not corrupt the System; and
    3. stream, download, and use on such Device the Content and Services available in or otherwise accessible through the System, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services.

Restrictions.

User shall not:

  1. copy the System, except as expressly permitted by this agreement;
  2.  modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the System;
  3.  reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the System or any part thereof;
  4.  remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the System, including any copy thereof;
  5.  rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the System, or any features or functionality of the System, to any third party for any reason, including by making the System available on a network where it is capable of being accessed by more than one device at any time;
  6.  remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the System; or
  7.  use the System in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or Systems, including any power generation Systems; aircraft navigation or communication Systems, air traffic control Systems, or any other transport management Systems; safety-critical Systems, including medical or life-support Systems, vehicle operation Systems or any police, fire, or other safety response Systems; and military or aerospace Systems, weapons Systems, or environments.

Reservation of Rights.

All Users, including Principal Users and Facilitators acknowledge and agree that the System is provided as a service, and not sold or leased to you. No party acquires any ownership interest in the System or the data inputted into the System under this Agreement, or any other rights thereto other than to use the System in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Trajecsys and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the System, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

Collection and Use of Principal User Information.

Only information that is needed for to perform services as requested by either the Principal User and/or is entered about the Principal User by the Facilitator is stored in the System. These disclosures are authorized under the Family Educational Rights and Privacy Act (FERPA), a federal statute that regulates the privacy of Principal User records by educational institutions that receive financial assistance from the U.S. Department of Education. Consistent with FERPA regulations, 34 CFR §99.31(a)(1)(i)(B) Trajecsys has a legitimate educational interest in the information to which it is given access because the information is needed to perform the outsourced service and the Principal User is both 18 years old or older and consented to such use.
 

Trajecsys will not sell or otherwise use or redisclose education records for targeted advertising or marketing purposes. Trajecsys does not allow advertising within its products, and therefore there is no behavioral or targeted advertising. Trajecsys uses data within its products only to deliver the services requested and paid for by the Principal User and does not gain direct benefit from particular Principal User information.
 

Furthermore, Trajecsys may (or may not) at their sole discretion purge any inputted Principal User data Accordingly, all due care should be taken by the Principal User, the Facilitators and the Participating Institution to back up such data. Additional information on Trajcecys’ data policy can be found at https://www.trajecsys.com/Policies.aspx#data.

Content and Services.

The System interacts with the Trajecsys’ website located at www.trajecsys.com (the "Website") which has its own terms and conditions. To the extent a Principal User or Facilitator accesses the System through the Website, this Agreement shall prevail to the extent that any term or condition contradicts with the Website Terms of Use. The System may also interact with Participating Institution Principal User information services. The Parties agree that Trajecsys does not own, maintain or warranty any content of/or connectivity to those third-party websites.

 

As a User, if you are an Assessment Technologies Institute, LLC (“ATI”)Client, ATI may grant you a limited, non-exclusive, revocable license to post certain ATI proprietary materials (“ATI Materials”) on the Trajecsys System for use with their enrolled nursing students .   In order to post ATI Materials on the Trajecsys System, you must obtain express written permission from ATI.  ATI may be contacted as follows:   Natasha McIntyre, ATI 11161 Overbrook Road, Leawood, Kansas 66211. 

 

Geographic Restrictions.

The System is housed in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access any Content and Services of the System from outside the United States, you are responsible for compliance with local laws.

Updates.

Trajecsys may from time to time in its sole discretion develop and provide System updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Trajecsys has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You agree that all Updates will be deemed part of the System and be subject to all terms and conditions of this Agreement.

Limits of Use; System Is Only to Report, Aggregate, and/or Disaggregate Data.

In using the System, all Users agree that the System is used primarily to manage, track and view Principal User activity and assessment. Participation in online communications occurs in real time and is not edited, censored, or otherwise controlled by Trajecsys. Trajecsys will not screen communications, uploaded files, evaluations, reports and other materials, data or content provided to the System. All parties agree that any party may send and/or receive electronic mail (“email”), download and/or upload files and otherwise use the System as permitted by this Agreement, Trajecsys’ access, use and privacy policies and applicable law.

Messages that are sent via the System, messages or responses to evaluations or surveys are subject to review, modification and deletion without notice by authorized Facilitators or other Administrators of the Participating Institution for which the Principal User is associated or by Trajecsys.   Each using party is solely responsible for their use of the System.  They may not, under any circumstances, do any of the following:

  • post or disseminate protected patient health information in the System, including patient names and/or unique numerical identifiers such as social security, accession, or medical record numbers;
  • use simultaneous, unattended or continuous connections to the System with one account;
  • post or transmit any message, comment or response which is libelous or defamatory;
  • post or transmit any message, data, image or program which is indecent, obscene, pornographic or that could violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets, confidential or proprietary information of another party, trademarks or service marks used in an infringing fashion;
  • use the System to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others;

intercept or attempt to intercept email or other private communications not intended for you;

  • send for any purpose other than personal communication, including to advertise or offer goods or services to other users, use as a mass unsolicited distribution medium to communicate a generally unsolicited message;
  • send unsolicited email messages through third-party mail servers in order to relay your email or hide the origination of your email to others;
  • upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents;
  • upload files that contain a virus, corrupted data or other malicious or harmful code;
  • delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to the System;
  • falsify the source or origin of data, software or other material contained in a file that you upload to the System;
  • use the System in a manner that adversely affects the availability of its resources to other users;
  • use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a subscriber to the System the user directory or any portion thereof other than for personal, noncommercial purposes (except as otherwise expressly permitted by the Trajecsys);
  • falsely purport to be an employee or agent of Trajecsys;
  • cause repeated disruptive incidents; and/or
  • act, or fail to act, in your use of the System, in a manner that is contrary to this Agreement or applicable law or regulation.

In addition, a User may not post or transmit any message which is harmful, threatening, abusive or hateful. Each time a User uploads data or file on the System, that User represents and warrants that they own or otherwise control the rights or have the necessary consents to do so, and they grant every other User the right to download and use such file. Any failure to observe any of the foregoing limitations or obligations will result in termination of access and use of the System.

Use of Third-Party Data.

The System may include, or make available third-party content (including data, information, Systems, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). Any using party acknowledges and agrees that Trajecsys is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Trajecsys does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Limitations of Operations.

Trajecsys reserves complete and sole discretion with respect to the operation of the System including the right to delete data after a length of time established by Trajecsys or in the alternative, maintain the data indefinitely; and withdraw, suspend or discontinue any functionality or feature of the System

Intellectual Property Rights.

As the entire contents of the System, except any information inputted by Users are copyrighted as a collective work under the laws of United States and other copyright laws, and Trajecsys owns the copyright in the System and the collective work, you agree not to violate that intellectual right in any way. The collective work does not include works which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the System solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc.). Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the System. You acknowledge and agree that the System, and all documentation for the System, are the sole property of Trajecsys, and that the System, and all documentation for the System, constitutes the valuable proprietary products and trade secrets of Trajecsys embodying substantial creative efforts, ideas and expressions and that you will not use the System except as permitted by this Agreement. You furthermore will not use the trademark or tradename Trajecsys, Trajecsys Reporting System, or any phrases trademarked by Trajecsys for any commercial purpose.

Terms and Termination

Dates for permitting and ending access to the System shall be determined by Program Administrators of the Participating Institution and/or by policies as determined by Trajecsys. The term of Agreement commences when a User either uses the System or acknowledges \accepts and will continue in effect until terminated by an authorized Facilitator, you or Trajecsys as set forth in this Section.

A Program Administrator of the Participating Institution may terminate Principal User or Facilitator System access at any time without notice.

Trajecsys may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

Upon termination:

  •  all rights granted under this Agreement will also terminate; and
  •  Principal Users and Facilitators must cease all use of the System and delete all copies of the System cached or catalogued.

Termination will not limit any of Trajecsys' rights or remedies at law or in equity. If Facilitator or User requires assistance from Trajecsys after the termination of this Agreement, for example the exportation of data from the System, Trajecsys may provide assistance for additional fees.


 

Disclaimer of Warranties.

THE SYSTEM IS PROVIDED TO ANY USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TRAJECSYS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE USERS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SYSTEM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, TRAJECSYS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SYSTEM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRAJECSYS OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO A USER’S ACCESS OF OR INABILITY TO USE THE SYSTEM OR THE CONTENT AND SERVICES FOR:

  1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES;
  2. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY THE PRINCIPAL USER FOR THE SYSTEM.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR IF TRAJECSYS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification.

Any User agrees to indemnify, defend, and hold harmless Trajecsys and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to their use or misuse of the System or your breach of this Agreement, including but not limited to the content you submit or make available through this System.

Severability.

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

Governing Law.

This Agreement is governed by and construed in accordance with the internal laws of the State of Rhode Island 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 this Agreement or the System shall be instituted exclusively in the federal courts of the United States or the courts of the State of Rhode Island in each case located in the city of Providence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Entire Agreement.

This Agreement, Trajecsys Website Terms of Use, Data policy, Payment and Refund policy, and our Privacy Policy constitute the entire agreement between you and Trajecsys with respect to the System and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the System.

Waiver.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Changes to this Agreement

Trajecsys may revise and update this Agreement from time to time in its sole discretion. The changes will not be retroactive, and the most current version of this Agreement, which will always be located on the website, will govern Trajecsys’ relationship with you. Trajecsys will try to notify you of material revisions; for example, via a service notification posted to the website or an email to the email associated with your account. Your continued use of the Services and System constitutes your acceptance of any such revisions. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

 

 

 

 

 

 

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