By accessing or using Capacity Track, you agree to be bound by these Terms of Service. Please read them carefully before using our platform.
1. Acceptance of Terms
By accessing or using the Capacity Track website and services (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.
2. Description of Service
Capacity Track provides a real-time directory platform that connects case managers with residential care providers in Minnesota. Our Service allows:
Providers to list and update their facility information and bed availability
Case managers to search for and contact providers with available capacity
Smart matching services to connect placement requests with suitable providers
3. User Accounts
When you create an account with us, you must provide accurate, complete, and current information. Failure to do so constitutes a breach of the Terms.
You are responsible for safeguarding the password and email access used to access the Service and for any activities or actions under your account.
You agree not to disclose your login credentials to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
4. Provider Responsibilities
If you are a residential care provider using our Service, you agree to:
Maintain accurate and up-to-date information about your facilities
Keep bed availability information current and accurate
Hold valid DHS licenses for all listed facilities
Respond to inquiries and placement requests in a timely manner
Not misrepresent your services, capacity, or licensing status
5. Case Manager Use
Case managers and other professionals using our Service agree to:
Use the Service only for legitimate placement and referral purposes
Not share Protected Health Information (PHI) through our platform
Verify provider credentials independently before making placements
Use professional judgment in all placement decisions
6. Prohibited Uses
You agree not to use the Service:
To violate any applicable laws or regulations
To transmit any Protected Health Information (PHI) or confidential client data
To impersonate any person or entity
To interfere with or disrupt the Service or servers
To harvest or collect user information without consent
To send spam or unsolicited communications
For any fraudulent or misleading purposes
7. Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of Capacity Track and its licensors. The Service is protected by copyright, trademark, and other laws.
8. Disclaimer of Warranties
The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Capacity Track makes no warranties, expressed or implied, regarding:
The accuracy of provider information or availability data
The quality of care provided by any listed facility
The uninterrupted or error-free operation of the Service
The results of any placement decisions made using the Service
Users are responsible for independently verifying all provider information, licenses, and suitability for specific client needs.
9. Limitation of Liability
In no event shall Capacity Track, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
Your access to or use of or inability to access or use the Service
Any conduct or content of any third party on the Service
Any content obtained from the Service
Unauthorized access, use, or alteration of your transmissions or content
10. Subscription and Payments
Some features of the Service require a paid subscription. By subscribing, you agree to:
Pay the applicable subscription fees as described at the time of purchase
Automatic renewal at the then-current rate unless cancelled before the renewal date
Our refund policy as described in your subscription agreement
11. Pro Subscription Features, Featured Carousel & Sponsored Sidebar
11.1 Description of Paid Visibility Features
Capacity Track offers optional paid subscription tiers ("Pro" and related plans) that provide enhanced visibility features for residential care providers. These features include:
Featured Carousel: Rotating display of Pro provider profiles on the homepage and directory landing pages
Sponsored Sidebar: Enhanced placement in sidebar listings throughout the directory
Provider Spotlight: Featured grid display showcasing verified Pro providers
Enhanced Profiles: Additional photos, detailed descriptions, and verification badges
11.2 Nature of Paid Features
Important Clarification
Payment for Pro subscription features, Featured Carousel placement, Sponsored Sidebar positioning, or any other paid visibility features is strictly for advertising and marketing services. These payments are for enhanced visibility, profile promotion, and directory placement services only.
11.3 Anti-Kickback Compliance Statement
Federal Anti-Kickback Statute Compliance
Capacity Track is committed to full compliance with the Federal Anti-Kickback Statute (42 U.S.C. § 1320a-7b) and all applicable healthcare fraud and abuse laws. We explicitly affirm the following:
No Payment for Referrals: Fees paid for Pro subscriptions, Featured Carousel placement, Sponsored Sidebar positioning, or any visibility feature do NOT constitute payment for patient referrals, client placements, or the generation of federal healthcare program business.
Advertising Services Only: All payments are exclusively for advertising, marketing, and directory visibility services at fair market value.
No Influence on Placement Decisions: Paid placement features do not and should not influence case manager placement decisions. Case managers exercise independent professional judgment in all referral and placement decisions.
No Guaranteed Placements: Payment for visibility features does not guarantee, promise, or imply any patient/client referrals or placements.
Fair Market Value: Subscription fees are set at fair market value for comparable advertising and directory services, independent of the volume or value of any referrals.
Uniform Pricing: All providers pay the same subscription rates for the same service tier, regardless of size, location, or anticipated referral volume.
11.4 Provider Acknowledgment
By subscribing to Pro features or any paid visibility service, providers acknowledge and agree that:
Payments are solely for advertising and marketing visibility services
No portion of any payment is made in exchange for, or is intended to induce, referrals of patients or clients
Capacity Track does not make placement decisions and has no control over case manager referral choices
Featured placement does not constitute an endorsement, recommendation, or quality assurance by Capacity Track
Provider is solely responsible for ensuring their own compliance with all applicable federal and state healthcare laws
11.5 Case Manager Acknowledgment
Case managers and other users browsing the directory acknowledge that:
Providers appearing in the Featured Carousel, Sponsored Sidebar, or with enhanced visibility have paid for advertising placement, not for preferential referral treatment
Featured or sponsored placement does not indicate superior quality of care, licensing status, or suitability for any particular client
All placement decisions should be made based on independent professional assessment of client needs, provider capabilities, and appropriate clinical judgment
Capacity Track does not recommend, endorse, or guarantee any provider
11.6 Rotation and Display
To ensure fair treatment among Pro subscribers:
Featured Carousel positions rotate among all eligible Pro providers on a regular basis
Sponsored Sidebar placements rotate to provide equitable exposure
No provider receives permanent fixed placement regardless of payment amount
Rotation algorithms are designed for fair distribution of visibility among all paying subscribers within the same tier
12. Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us at support@capacitytrack.com.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Minnesota, United States, without regard to its conflict of law provisions.
14. Changes to Terms
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
15. Contact Us
If you have any questions about these Terms, please contact us: