TTMS provides the following privacy policy (the “Privacy Policy”) in order to demonstrate our firm commitment to privacy. TTMS may need to change this Privacy Policy from time to time in order to address new issues and to reflect changes on our Site. Please refer back to this Privacy Policy regularly because your use of the Site signifies that you agree to be bound by the terms and conditions of this Privacy Policy, as amended from time to time.

a. Collection of Personal Information. TTMS may ask for information about our users at the point of registration. Such information may include name, age, education level, gender, e-mail address, zip code and areas of interest. This information tells us about the types of people (e.g., providers vs. patients) who use the Site, allows us to verify a user’s identity and helps us tailor the Site to our audience.

b. Use of Personally Identifiable Information. TTMS will not sell or otherwise transfer or disclose personally identifiable information to third parties without the user’s prior consent except as may be required by federal, state or local law, or by exigent circumstances. That means that TTMS will not disclose your name, e-mail address, street address or phone number without your consent. We may use your personally identifiable information to compile and display content and information that we think you might be interested in. TTMS also may use your profile information on an aggregate basis — without personal identifiers — to develop and display new features and content for the Site, and to provide others with aggregate information about our users and the usage patterns of the Site. TTMS also may perform statistical analyses of user behavior (on an aggregate basis) in order to measure interest in and use of the various areas of the Site.

c. Use of Personally Identifiable Information. The TTMS Site also may provide user profile and contact data such as name, address, telephone number, city, state, job title, and workplace to other users through an online user directory and database. Other identifying information is not made available. Users of the Site agree to use directory and database information for individual, personal and confidential reference purposes only and agree not to use the directory or databases, in whole or in part, for mailing lists, solicitations, fundraising or commercial purposes. Users of the Site further understand and agree that their names and contact information may be posted on this site in a database for access by other users. Such users agree to hold TTMS harmless from any and all claims arising out of or relating to the publication or display of their names and/or contact information.

d. Retention of User Information. It is not possible for a user to delete his or her profile from our database, nor is it feasible to delete all traces of a user’s activity in the system. Messages posted to bulletin boards are examples of user activities that are not feasible to delete.

e. Voluntary Disclosure of Personally Identifiable Information on Bulletin Boards, News Groups and Chat Rooms, and other Interactive Areas (collectively “Interactive Areas”). Users should be aware that when they voluntarily disclose personally identifiable information (for example, user name, e-mail address) on an Interactive Area of the Site, that information, along with any substantive information disclosed in the user’s communication, can be collected and correlated and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond the control of TTMS and TTMS is not responsible for the discoverability of any user’s identity by methods beyond our control.

f. Cookie Technology. TTMS collects non-personal identification information through the use of “cookie” technology and/or Internet Protocol (“IP”) address tracking. Cookies are small text files a website can use to recognize repeat users and facilitate the user’s ongoing access to and use of the site. Non-personal identification information might include the browser used by the user, the type of computer, the operating systems, the Internet service providers and other similar information. The TTMS system also automatically gathers information about the areas the user visits on the Site and about the links the user may select from within the Site to other sites.
TTMS cannot control the use of cookies by advertisers or third parties displaying data on the Site or whose sites a user visits or links to from the Site. Most browsers are set to accept cookies. You can set yours to refuse cookies, or to alert you when cookies are being sent.

g. Password Protected Areas. TTMS does not warrant or represent that the information you submit to the Site will be protected against loss, misuse, or alteration by third parties. You are responsible for taking all steps to ensure that no other person has access to your password or account. It is your sole responsibility to (1) control the dissemination and use of your password; (2) authorize, monitor, and control access to and use of your password; and (3) promptly inform TTMS of any need to deactivate your user name or password. You permit TTMS and all other persons or entities involved in the operation of the website to transmit, monitor, retrieve, store and use your information in connection with the operation of the TTMS Site. TTMS does not and cannot assume any responsibility or liability for any information submitted by you to the Site or for your or third parties’ use or misuse of information transmitted or received through the Site.

h. Links to other sites. Users will find advertising or other content on the Site that enable linking to the sites of advertisers and other third parties. These third party sites may have their own privacy policies or no policy at all. The TTMS Privacy Policy does not apply to such other sites. TTMS has no control over and is not responsible for the content displayed on such sites, nor over the measures, if any, that are taken by such sites to protect the privacy of user information. Users should check the privacy policy of any third party site before providing personally identifiable information.

i. Security of Information. TTMS is committed to keeping user information secure, and uses industry standard technology in an attempt to achieve that goal.

j. Release of Information to Comply with Legal Requirements or Government Request. TTMS reserves the right at all times to disclose any information uploaded to or appearing on the Site to the extent necessary to comply with any applicable law, regulation, legal process, subpoena or governmental request.

k. Removal of Information and Termination of Usage. TTMS reserves the right, but does not assume any responsibility, to (1) remove from the Site any material posted by you which TTMS in its sole discretion, deems inconsistent with these Terms and Conditions; and/or (2) terminate your access to all or part of the Site. However, TTMS can neither review all material prior to transmission on the website nor ensure prompt action with respect to objectionable material after it is transmitted on the Site. Accordingly, TTMS assumes no liability for any action or inaction regarding transmissions, communications, or other content that is provided by third parties. TTMS reserves the right to take any action it deems necessary to protect the personal safety of users of the Site and the public, however, TTMS has no liability or responsibility to anyone for performance or nonperformance of the activities in this paragraph.

l. Parental Permission. TTMS does not intend that children will use the Site. Some of the information available on the Site may not be appropriate for children. USERS UNDER 18 YEARS OF AGE MUST OBTAIN PARENTAL PERMISSION TO USE THE SITE. Adults should not assist unauthorized children to access the Site. TTMS will not knowingly collect, use or disclose personally identifiable information about visitors under 18 years of age.

m. Contact Information. TTMS welcomes your comments and questions. All comments and questions regarding this Privacy Policy should be emailed to business@TakeTheMagicStep.com

LINKS TO OTHER SITES AND ADVERTISING ON THE TTMS SITE

The Site contains links to third party websites. These links are provided solely as a convenience to users and not as a guarantee, warrantee, endorsement or recommendation by TTMS of the content on such third-party websites or as an indication of any affiliation, sponsorship or endorsement of such third party websites. TTMS is not responsible for the content of linked third-party sites and does not make any representations regarding the privacy practices of, or the content or accuracy of materials on, such third-party websites. Furthermore, TTMS is not responsible for webcasting or any other form of transmission received from any linked website. If you decide to access linked third-party websites, you do so at your own risk. Your use of third-party websites is subject to the terms of use for such sites.

THE SITE ALSO MAY CONTAIN ADVERTISEMENTS BY THIRD PARTIES. TTMS MAY RECEIVE ROYALTIES FROM SUCH ADVERTISERS. TTMS DOES NOT ENDORSE, GUARANTEE, WARRANT, OR RECOMMEND ANY INFORMATION, PRODUCT OR SERVICE CONTAINED IN ADVERTISEMENTS.

USE OF INTERACTIVE AREAS

TTMS may provide interactive forums, chat rooms, news groups, bulletin boards and other interactive areas (“Interactive Areas”) on the Site. If you use any of the Interactive Areas, you are solely responsible for your own communications and the consequences of posting those communications, and you assume responsibility for such communications, including its legality, reliability, and appropriateness. By posting or otherwise displaying information on the Site, you grant to TTMS the right to display, copy, distribute and publish in any format User-Posted Content you upload or otherwise transmit to the Site. TTMS does not assume any responsibility for the truthfulness, accuracy or reliability of any material posted on any Interactive Area, or of consequences of any Interactive Area communications on or arising from use of the Site. IN CASES WHERE YOU FEEL THREATENED OR BELIEVE SOMEONE ELSE IS IN DANGER, YOU SHOULD CONTACT YOUR LOCAL LAW ENFORCEMENT AGENCY IMMEDIATELY.

In consideration of being allowed to use the Interactive Areas, you agree not to engage in the following activities:

1. Using an Interactive Area for any purpose in violation of local, state, national, or international laws;
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Posting material that is unlawful, offensive, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity as determined by TTMS at its sole discretion;
4. Posting material that contains any virus, worm, Trojan horse or other code which may contaminate, destroy or interfere with the files or programs of TTMS or its users;
5. Posting advertisements or solicitations of business without prior express written consent from TTMS in advance of making the posting;
6. After receiving a warning, continuing to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form);
7. Posting chain letters or pyramid schemes;
8. Impersonating another person;
9. Allowing any other person or entity to use your identification to post or view comments;
10. Posting the same note more than once (i.e., “spamming”);
11. Posting messages or any other content that may restrain trade or encourage or facilitate an agreement about the following subjects: prices, discounts, or terms or conditions of sale; salaries; profits, profit margins, or cost data; market shares, sales territories, or markets; allocation of customers or territories; selection, rejection, or termination of customers or suppliers; or any other information that violates federal or state anti-trust or competition laws; or
12. Engaging in any other conduct that restricts or inhibits any other person from using the Interactive Areas, or which, in the judgment of TTMS exposes TTMS or any of its users or Sponsors to any liability or detriment of any type.

TTMS reserves the right but is not obligated to record the dialogue in public chat rooms. TTMS does not screen communications in advance and is not responsible for screening or monitoring material posted by users, or any other person or entity. If notified by a user of communication(s) which are alleged not to conform to the terms of this Section, TTMS may, but is not obligated to, investigate the allegation and determine in its sole discretion to remove or request the removal of the communication(s). TTMS reserves the right, but is not obligated, to remove or edit communications which are abusive, illegal, disruptive, or that otherwise fail to conform with these Conditions. In addition to the removal rights described above, TTMS reserves the right to terminate a user’s access to any or all Interactive Areas at any time, with or without notice, in the exercise of its sole discretion.

TTMS reserves the right, but is not obligated, to monitor, edit, or disclose any posting on the Interactive Areas for lack of adherence to the Conditions, if required in the course of normal operation and maintenance of TTMS, or if required to do so by law or in the good-faith belief that such action is necessary to: (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of TTMS or others; or (iii) protect the personal safety of our users, Sponsors, or the public. TTMS HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.

TTMS MAKES NO REPRESENTATIONS, PROMISES, WARRANTIES OR UNDERTAKINGS CONTRARY TO THOSE SET FORTH ABOVE.

COMPLAINT PROCEDURES

Any suspected violations of these Terms and Conditions or misuse of the Site should be immediately reported to business@TakeTheMagicStep.com.

MISCELLANEOUS CONDITIONS OF USE

Resolution and Disputes. These Terms and Conditions shall be governed in all respects by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of law principles. These Terms and Conditions, as they may be amended from time to time, completely and exclusively state the agreement between you and TTMS with respect to the Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have that arises out of or relates to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of or relating to the Site shall be in the state or federal courts located in the State of Florida. You agree and submit to the jurisdiction of such courts.

If any part of the Terms and Conditions are unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of the Terms and Conditions shall remain in full force and effect. TTMS’ failure to insist upon or enforce strict performance of any provision of the Terms and Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and TTMS nor any trade practices shall be deemed to modify the Terms and Conditions.

AGREEMENT

BY ENTERING AND USING THE TTMS SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE OF TTMS THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH ABOVE ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THEM IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.

YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS TTMS AND ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, THIRD-PARTY INFORMATION PROVIDERS, LICENSORS, AND OTHERS INVOLVED IN THE DELIVERY OF THE WEBSITE OR THE DELIVERY OF INFORMATION, PRODUCTS OR SERVICES OVER THE WEBSITE, FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, FROM ANY CLAIM, COMPLAINT OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY VIOLATION BY YOU OF THESE TERMS AND CONDITIONS.