Read these Terms of Use and all notices, directions, precautions, and warnings prior to using the application or any other HEADCHECK Health products or services.
ACCEPTABLE USE POLICY
Last updated on April 1, 2024.
What’s new:
- Updated the dates of copyright.
IMPORTANT—PLEASE READ CAREFULLY: This Acceptable Use Policy (the “Acceptable Use Policy” or “AUP”) is a binding legal contract between you and HEADCHECK Health Inc., (“HEADCHECK” or “we” or “us”) governing your use of the HEADCHECK Health Application (which includes computer software and, as applicable, associated media, databases, printed materials, and “online” or electronic documentation), our websites and any associated services that we provide to you, or to an organization for activities in which you participate (collectively, the “Services“). Please read this AUP carefully, as it contains important information regarding your legal rights, remedies and obligations. Also, please note that, unless we define a term in this AUP, all capitalized words used in this AUP have the same meanings as in our Terms of Use, currently available at https://www.headcheckhealth.com/acceptable-use/.
BY DOWNLOADING, INSTALLING OR USING THE HEADCHECK HEALTH APPLICATION OR OTHERWISE USING THE SERVICES, OR PARTICIPATING IN ACTIVITIES WITH AN ORGANIZATION THAT IS USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AUP AND THE ADDITIONAL TERMS FOUND ON www.headcheckhealth.com/terms, INCLUDING THE DISCLAIMERS, LIMITATIONS OF LIABILITY, INDEMNITY AND TERMINATION PROVISIONS BELOW.
IF YOU ARE A PARENT OR GUARDIAN OF A CHILD WHO DOWNLOADS, INSTALLS OR USES THE HEADCHECK HEALTH APPLICATION OR OTHERWISE USES THE SERVICES OR PARTICIPATES IN ACTIVITIES WITH AN ORGANIZATION THAT IS USING THE SERVICES, THEN (1) YOU ARE ENTERING INTO THIS AUP ON BEHALF OF YOURSELF AND THE CHILD, (2) YOU AGREE THAT YOU AND THE CHILD WILL BE BOUND BY THIS AUP AND THE ADDITIONAL TERMS, AND (3) YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY AUTHORITY AND POWER TO BIND THE CHILD.
IF YOU ARE ENTERING INTO THIS AUP ON BEHALF OF A COMPANY OR OTHER ORGANIZATION (E.G. YOUR EMPLOYER), YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY AUTHORITY AND POWER TO BIND THE ORGANIZATION. THIS AUP WILL BE BINDING ON THE ORGANIZATION, AND WILL ALSO BE BINDING ON YOU IN YOUR PERSONAL CAPACITY.
IF YOU DO NOT AGREE TO THIS AUP AND/OR THE ADDITIONAL TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE HEADCHECK HEALTH APPLICATION OR OTHERWISE USE THE SERVICES, OR PARTICIPATE IN ACTIVITIES WITH AN ORGANIZATION THAT IS USING THE SERVICES.
ENTIRE AGREEMENT
This AUP (together with our Terms of Use and any exhibits, order forms or other terms and conditions incorporated therein) represents the entire agreement concerning the Services between you and HEADCHECK, and it supersedes any prior proposal, representation, or understanding between the parties relating to such subject matter.
AMENDMENTS TO THIS AUP
HEADCHECK may amend this AUP at any time by posting the amended terms at www.headcheckhealth.com/terms or via the Services. Please consult the “Last updated” date at the top to see when this AUP was last updated. All amended terms shall be effective immediately after your first use of the Services after the amended terms have been posted. By continuing to use the Services, you are agreeing to be bound by the amended terms. If the amended terms are not acceptable to you, you must stop using the Services.
NOT MEDICAL ADVICE
The HEADCHECK Health Application, including any tests performed using the Services, the results and analyses thereof, and materials provided through the Services, are provided for informational purposes only and do not constitute medical advice or other professional advice or opinion, and do not represent a comprehensive or specific analysis of your or any other person’s medical situation. We do not offer personalized medical advice or patient-specific treatment advice. Only a treating doctor, or other qualified treating healthcare professional, can determine if a diagnosis or treatment described by the HeadCheck Health Application is appropriate for you or any other person. Use of this product is not a substitute for a call or visit to, or consultation with, a physician or healthcare professional. If you believe you or any other person has suffered a concussion or are affected by some other medical condition, whether or not the test results support this belief, you should immediately stop using the Services and seek (or advise the other person to seek) professional medical advice or consult with a qualified medical professional.
YOU SHOULD NEVER DISREGARD OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE, OR ADVISE SOMEONE TO DISREGARD OR DELAY SEEKING PROFESSIONAL ADVICE, BECAUSE OF SOMETHING THAT YOU HAVE SEEN ON THE HEADCHECK HEALTH APPLICATION OR OTHERWISE IN CONNECTION WITH YOUR USE OF THE SERVICES. PLEASE CONSULT, AND ADVISE OTHERS TO CONSULT, WITH A DOCTOR, OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL, BEFORE RELYING ON ANY DIAGNOSIS OR TREATMENT DISCUSSED ON OR PRESENTED THROUGH THE SERVICES.
WARNINGS
Failure to follow all instructions or to heed any warnings or precautions could result in serious injury.
The HEADCHECK Health Application requires a certified medical professional to interpret data and make a clinical decision. Misuse of the product by non-certified individuals could lead to incorrect diagnosis and severe and permanent injury up to and including death. Symptoms of a concussion can take up to 72 hours to present themselves and thus introduces a limitation of the HeadCheck Health Application. If symptoms do not present themselves, and if a player is returned to sport and receives another blow to the head, it could result in severe and permanent injury up to and including death.
Technical issues (including no internet access by the user) can sometimes occur which restrict access to the HEADCHECK Health Application that stores historical test data and baseline data. The historical test information is helpful to medical professionals making sideline decisions with respect to diagnosing concussions. Using the HeadCheck Health Application with limited or no internet access could result in an early return-to-play and potentially second impact leading to permanent injury up to and including death.
Inaccurate results can arise due to potential bugs/software glitches, loss or corruption of data, or data being rendered inaccurate. There is a risk that some versions of the HEADCHECK Health Application may be released with bugs which could change the results of some sections of the test. There is a risk of unforeseen circumstances around data corruption. In a worst-case scenario, inaccurate scores could result in a medical professional leaving an athlete in a game when he/she should have been removed.
DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON A “WHERE IS” AND “AS IS” BASIS, AND YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. HEADCHECK HEALTH DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS (A) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS, (B) AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CORRECTNESS OF THE SERVICES OR OF ANY TEST RESULTS OR OTHER CONTENT MADE AVAILABLE IN CONNECTION WITH YOUR USE OF THE SERVICES, (C) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND (D) ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
LIMITATION OF LIABILITY
You acknowledge that there are risks inherent in the use of the Services (including any related hardware and internet connectivity) that may result in interruptions or errors in the Services, loss of privacy, confidentiality, information or property, as well as other losses, damages or adverse occurrences, regardless of the measures taken to avoid such occurrences. To the maximum extent permitted by law, the entire risk arising out of the access to and use of the Services remains with you.
WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEADCHECK DISCLAIMS ALL LIABILITY FOR ANY INJURY, DISEASE OR DEATH TO YOU OR ANY OTHER PERSON THAT IS CAUSED OR CONTRIBUTED TO BY THE SERVICES OR THE ACCESS TO OR USE THEREOF (INCLUDING WITHOUT LIMITATION ANY INJURY, DISEASE OR DEATH CAUSED OR CONTRIBUTED TO BY ANY RELIANCE OR NON-RELIANCE ON ANY TEST RESULTS).
IN NO EVENT WILL HEADCHECK, OUR AFFILIATES OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, LICENSORS, SUPPLIERS, VENDORS AND REPRESENTATIVES (COLLECTIVELY, THE “HEADCHECK PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR ANY LOST PROFITS OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH (A) THIS AUP, (B) THE USE OF OR INABILITY TO USE THE SERVICES, (C) THE RELIANCE (OR NON-RELIANCE) ON ANY TEST RESULTS, OR (D) THE INACCURACY OR INCOMPLETENESS OF ANY TEST RESULTS, EVEN IF A HEADCHECK PARTYHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CUMULATIVE LIABILITY OF THE HEADCHECK PARTIES, IN THE AGGREGATE, TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AUP OR THE SERVICES SHALL NOT EXCEED THE LICENSE FEE PAID TO HEADCHECK FOR THE USE OF THE APPLICABLE SERVICE FOR THE TWELVE MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM, IF ANY.
BY TRANSMITTING OR RECEIVING ANY DATA OR INFORMATION TO OR FROM HEADCHECK OR ANY OF ITS AFFILIATES THROUGH YOUR USE OF THE SERVICES OR OTHERWISE, YOU ASSUME ALL OF THE RISKS ASSOCIATED THEREWITH, INCLUDING THE INTERCEPTION OF SUCH DATA OR INFORMATION BY THIRD PARTIES IN ANY MANNER WHATSOEVER, ERRORS IN THE TRANSMISSION OF SUCH DATA OR INFORMATION, AND THE RISK OF LOSS OR CORRUPTION OF ANY SUCH DATA DURING TRANSMISSION, STORAGE OR OTHERWISE.
UNDER NO CIRCUMSTANCES SHALL HEADCHECK BE RESPONSIBLE FOR USER ERROR INCLUDING, BUT NOT LIMITED TO, ERRONEOUS DATA INPUT, MISUSE OF THE SERVICES, INCORRECT INTERPRETATION OF DATA OR MISSING DATA.
THE ABOVE LIMITATIONS AND RESTRICTIONS ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN US AND YOU.
INDEMNITY
You will indemnify, defend and hold the HEADCHECK Parties harmless from any claim, action or demand, damages, liabilities and settlements, including without limitation reasonable attorneys’ fees, arising out of or relating to your use of the Services, your breach of this AUP, or your violation of any law or the rights of any third party, including without limitation any third party claims brought by or on behalf of persons to whom you administered tests or assessments using the Services.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the Services are the proprietary property of HEADCHECK and its licensors and are protected under copyright and other intellectual property rights in Canada, the United States and other jurisdictions. You further acknowledge and agree that all right, title, and interest in and to the Services, including intellectual property rights associated therewith, are and shall remain with HEADCHECK or its licensors. This AUP does not convey to you an interest in or to the Services, but only the limited right of use granted below, which is revocable in accordance with this AUP.
Subject to your compliance with this AUP, HEADCHECK hereby grants to you, and you hereby accept, a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to (a) access the Services, and (b) view materials published by HEADCHECK on or through the Services, and to print a single copy of such materials, in each case for your or your organization’s personal, non-commercial use. The license granted extends only to use of the Services for their intended purpose in compliance with this AUP. All other uses are strictly prohibited.
In consideration of this authorization, you agree that any materials you print shall retain all copyright and proprietary notices.
Except as stated above, no part of any material presented on or through the Services may be reproduced, framed, stored in any retrieval system, or transmitted in any form or by any means, electronic, mechanical, printing, photocopying, recording, or otherwise.
The licenses granted above will immediately terminate if your account is revoked or cancelled or your access to the Services is otherwise suspended or terminated.
YOUR ACCOUNT
Account Access. You are responsible for maintaining the confidentiality of your account and password. You may not share your account or password with anyone, or transfer the account or the license granted hereunder to a third party without prior written consent of HEADCHECK. You agree to accept full responsibility for all activities that occur under your account or password.
Billing. You may purchase a subscription, which provides you with an account and/or password that grants you access to the Services. You will be automatically billed on a periodic basis from the date you purchase your subscription and through each periodic renewal until cancellation. You will be responsible for all applicable taxes charged to you as required by law. If an account has an outstanding balance, HEADCHECK Health reserves the right to suspend it or reduce your access. Terms of purchase can be found at www.headcheckhealth.com/terms.
No Refunds. You may cancel your HEADCHECK Health account by contacting a HEADCHECK Health Sales Representative at any time but will not be eligible for a refund unless required by law.
RESTRICTIONS
You may not use the Services other than for their intended purpose. You may not modify, adapt, translate, reverse engineer, or create derivative works based upon the Services or any part thereof. You may not reverse assemble, reverse compile, or otherwise translate the Services or any portion thereof.
You may use the Services only in compliance with applicable laws, and may not use them for any unlawful or fraudulent purpose.
The Services may only be used by you personally. Use by an individual other than yourself is not permitted without separate authorization from HEADCHECK. If you are using the Services for an organization, you must use it in compliance with the organization’s terms and policies. You may not assign, sublicense, transfer, pledge, lease, rent, loan, or share your rights under this AUP.
You may not use the Services for the direct benefit of, or for purpose of rendering services to, any third party businesses, entities or organizations.
YOUR INFORMATION
When you create your account as a prerequisite to using the Services, HEADCHECK will ask you to provide certain personal information. Additionally, certain personal information and data that is obtained before and/or during tests performed using the Services may be transmitted to HEADCHECK and stored. Any personal information that we collect will be handled in accordance with our Privacy Policy, which is available at www.headcheckhealth.com/privacy.
You acknowledge that we will have no obligation to retain any personal information or other information that you submit to us or provide in connection with your use of the Services, nor to retain the results of any tests performed using the Services. We may delete such information and results at any time without notice or warning to you.
All questions, comments, suggestions or the like that you provide to us, whether in connection with your use of the Services or otherwise, shall be deemed to be non-confidential and HEADCHECK shall have no obligation of any kind with respect to such information, and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Furthermore, HEADCHECK shall be free to use any ideas, concepts, techniques, or know-how contained in such information for any purpose, including, but not limited to, development, manufacturing and marketing of products and services that incorporate such information.
PROPRIETARY INFORMATION
The Services and all information and materials related thereto constitute proprietary information and trade secrets of HEADCHECK. You shall use your best efforts to insure the confidentiality of the Services and all related materials and information supplied by HEADCHECK.
You warrant that you will not disclose, use, modify, copy, or reproduce the Services or any of the information or materials supplied by HEADCHECK except to the extent expressly permitted by this AUP or after first obtaining the written permission of HEADCHECK.
You shall prevent your employees, agents, attorneys and representatives, if any, from disclosing such proprietary information and shall hold HEADCHECK harmless and protect and indemnify HEADCHECK in the event of any disclosure by such persons.
The non-disclosure provisions of this section shall be binding and enforceable even after expiration or termination of this AUP.
TERMINATION; MODIFICATION TO SERVICES
HEADCHECK reserves the right to suspend or terminate the Services, in whole or in part, and to terminate accounts, remove or edit content, or cancel logins in our sole and absolute discretion and without liability to you, including without limitation if we believe that you have violated this AUP. This AUP, including without limitation the disclaimers, limitations of liabilities and indemnities (but excluding, for clarity, the licenses granted to you under “Intellectual Property Rights” above) will survive and continue to bind you, even if you cease using the Services or if your right to use the Services is suspended or terminated. HEADCHECK may also make improvements and/or changes to the Services at any time without notice.
RESOLVING DISPUTES; GOVERNING LAW; ARBITRATION
Informal Resolution as a first course of action. HEADCHECK wants to address your concerns without needing a formal legal case. Before filing a claim against HEADCHECK, you agree to try to resolve the dispute informally by contacting support@headcheckhealth.com. HEADCHECK will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or HEADCHECK may bring a formal arbitration proceeding pursuant to these Terms of Use.
Binding Arbitration. The terms of this AUP are governed by the laws of the United States (including federal arbitration law) and the State of New York, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AUP OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND HEADCHECK, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT HEADCHECK AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.
Class Action Waiver. YOU AGREE THAT ANY ARBITRATION UNDER THIS AUP WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this AUP. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this AUP and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this AUP, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this AUP will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
COSTS OF LITIGATION
If any formal action is brought by either party to this AUP against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.
COPYRIGHT NOTICE
The Services and this AUP are copyright © 2016–2024. HEADCHECK Health Inc. All rights reserved.