2) Important Defined Terms. "Content" means any and all text, graphics, logos, trademarks, tradenames, service marks, slogans, domain names, audio, video, data compilations, tools, software,and any other material or information used on or in connection with the Site. "Developer" means Web NW, Inc., an Oregon corporation, a third-party service provider that developed the Site for myMTMcare and provides ongoing Site-related services to myMTMcare. "Hosting Service Provider" means Sterling Communications, Inc., an Oregon corporation, a third-party service provider that provides internet hosting services for the Site. "Law" or "Laws" means any applicable federal, state, local, or international law, regulation, or ordinance. "Personal Information" means a User's personally identifiable information, including without limitation a User's name, e-mail address, home or business address, and/or telephone number. "User" shall mean, with respect to the Extranet, a Customer and/or any Authorized Person (as defined in the Extranet's Terms and Conditions of Use), and with respect to the Website, any person linking to the Website, or otherwise using or viewing Content therein. "Users" means all such persons. "User Information" means any and all information about a User that myMTMcare obtains in any manner, including information that a User enters on the Site or provides to myMTMcare in another manner (such as via e-mail), including Personal Information.
3) Information myMTMcare Collects.
a) Information Users Provide. myMTMcare receives, stores, and uses User Information for a variety of business purposes, including without limitation purposes such as responding to a User's inquiry, communicating with Users, and improving myMTMcare's products and services. myMTMcare may also use a User's suggestions and comments in its advertising and other publicity, and Users hereby grant to myMTMcare a perpetual, irrevocable, and royalty-free license to do so and to allow others to do so on myMTMcare's behalf. Users agree not to permit or prosecute any action or lawsuit on the ground that myMTMcare's use or alleged use of a User's suggestion or comment infringes any proprietary or other rights of any kind or nature. Users may choose not to provide such information to myMTMcare; however, Users who do not provide such information may be restricted from accessing or using certain portions of the Site.
b) Automated Information Collection; Cookies. myMTMcare may automatically receive and store certain types of User Information through "cookies" (as defined below) whenever a User visits the Site. Cookies are used to facilitate a User's use of the Site. myMTMcare may, using cookies, collect a variety of User Information, including without limitation the name of the domain and host from which a User accesses the Internet, the IP address of a User's computers, information about a User's browser and operating system, the date and time a User accesses the Site, and the Internet address of the website from which a User links to the Site. A "cookie" is a small text file that the Site sends to a User's computer to collect information about the User's activity on the Site. Cookies automatically transmit information to the Site each time a User's browser requests a page on the Site and the information is stored to help facilitate the User's use of the Site upon future visits. Users may also receive cookies from advertisers on the Site sent by third-party servers or from third-party websites that Users link to from the Site. Many websites that include advertising send cookies as a standard practice. myMTMcare does not control, and is not responsible for, cookies from any advertiser or third-party website. Users who do not want to receive cookies from the Site can set their browsers to not accept cookies; however, such Users may not be able to access or use certain portions of the Site.
4) How myMTMcare Uses/Discloses User Information. myMTMcare may, but is not obligated to, retain the content of any e-mails from Users and other information and data that Users may provide to myMTMcare by other means, including Users' e-mail addresses and other Personal Information. myMTMcare may use User Information for a variety of business purposes, including without limitation the following purposes: To administer the Site and diagnose problems; To verify Users' identity and respond to Users' requests for information; To provide Users with information about the Site and myMTMcare and myMTMcare's products and services; To provide sales and support of its products and services and those of its affiliates; To facilitate performance under the Extranet Terms and Conditions and any other agreement Users may enter into with myMTMcare; To comply with applicable Laws or as required by a court or government agency; To measure the number of visitors to the Site and how the Site is used; As specifically provided in the Extranet Terms and Conditions and as Users may otherwise agree; and To protect or assert myMTMcare's rights.
User Information will not be intentionally used or disclosed by myMTMcare to unaffiliated third parties, except: (a) at the User's request or permission, (b) as required by a court or government agency, (c) to enforce these Terms, (d) to respond to any claim by a User or a third party, or (e) to protect or assert myMTMcare's rights. Notwithstanding the foregoing, myMTMcare may share User Information with myMTMcare's affiliates and with unaffiliated third parties who perform Site administration services and other similar functions for myMTMcare, including without limitation the Developer and the Hosting Service Provider. In addition, in the event myMTMcare transfers some or all of its assets to another entity, or is acquired by a third party, User Information may be one of the transferred assets. In such instance, the User Information should remain subject to existing privacy terms and applicable privacy Laws.
myMTMcare may respond to any subpoena received from a government agency (i.e., the Securities and Exchange Commission or law enforcement agencies) without prior notice to Users. Unless prohibited by law or by a court order, myMTMcare will notify Users of any subpoena received from any other party (i.e., for civil litigation), which requires myMTMcare to disclose a User's identity, and will wait ten (10) days, or a lesser amount of time as required by the deadline in the subpoena, before providing the information requested by the subpoena.
5) Personal Information. Personal Information collected and transferred to back-up or archival storage may be retained indefinitely by myMTMcare, unless a User requests that myMTMcare delete or modify any Personal Information contained in myMTMcare's records. A User with such a request should contact myMTMcare (as provided below) and describe with reasonable particularity any such Personal Information to be so deleted or modified. myMTMcare reserves the right to verify the identity of any person making a request to modify or delete Personal Information. myMTMcare shall have no liability for compliance with any false or erroneous request or for any failure to fully comply with a valid request. myMTMcare may also retain information regarding transactions as necessary for myMTMcare's business records, and as required under applicable Law.
6) Links. The Site may include information and/or links to third-party websites, and third-party websites may link to the Site. myMTMcare has no control over, and no liability for, any such third-party websites, or for any Content, products, or services offered by or accessed through such third-party websites. Users accessing third-party sites linked through the Site, do so at their own risk. Users agree that myMTMcare shall have no responsibility for any content, advertising, products or other material accessed through such links, or the accuracy or reliability of any information, data, or opinions accessed through links on the Site, or any liability, direct or indirect, for any damage or loss incurred by Users in connection with such websites or resources accessed through links on the Site. No endorsement of any products, services, or information of any third party is expressed or implied by any information, material, or Content referred to or included on, or linked from or to the Site. Users should review the privacy policies of other sites carefully before providing any information to such sites. myMTMcare is not responsible for the privacy policies or procedures or the content of any other site.
7) Security. The Site has reasonable security measures in place to protect against the loss, misuse, or alteration of information under myMTMcare's control. myMTMcare relies on the security measures provided by certain third parties, including without limitation the Developer and the Hosting Service Provider. Although myMTMcare believes these measures are adequate to prevent unauthorized access to private information under normal circumstances, it may be possible for information to be retrieved from the Site by hackers or criminals, in ways beyond the control of myMTMcare. myMTMcare cannot ensure, and does not warrant, the security of any information. Users should use the Site at their own risk. Users hereby waive all claims against myMTMcare for any breach of the Site's security measures and any unauthorized access to or use of private information by hackers or criminals, in ways beyond the control of myMTMcare, the Developer, or the Hosting Service Provider. Users also agree that, to the extent required by Law, myMTMcare may use Users' Personal Information in order to notify Users of any unauthorized access to their Personal Information of which myMTMcare become aware. Users must observe all security features on the Site and shall not disable or bypass any security devices.
9) COPPA Compliance. The Site is not directed at children, and myMTMcare will not knowingly collect any personal information from any person under age 13. myMTMcare complies with the Children's Online Privacy Protection Act and does not knowingly permit submission of Personal Information by anyone under 13 years of age. Only persons over age 13 are allowed to use the Site.