Last updated on December 13, 2016.
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 does 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.
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 introduce a limitation of the HeadCheck Health Application. If symptoms do not present themselves, 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 & 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.
- 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.
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 service, 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 HEALTH 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).
By transmitting or receiving any data or information to or from HeadCheck Health 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 Health 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.
INTELLECTUAL PROPERTY RIGHTS
In consideration of this authorization, you agree that any materials you print shall retain all copyright and proprietary notices contained at the bottom of each page. Each document published by HeadCheck Health may contain other copyright information and proprietary notification relating to that individual document.
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.
Account Access. You are responsible for maintaining the confidentiality of your account and password. You may not share your password with anyone, or transfer this account or the license granted hereunder to a third party without prior written consent of HeadCheck Health. 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 grant 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.
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.
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.
You may not use the Services for the direct benefit of, or for purpose of rendering services to, any third party business entities or organizations.
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 Health 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 Health 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.
The Services and all information and materials related thereto constitute proprietary information and trade secrets of HeadCheck Health. You shall use your best efforts to insure the confidentiality of the Services and all related materials and information supplied by HeadCheck Health.
You shall prevent your employees, agents, attorneys and representatives, if any, from disclosing such proprietary information and shall hold HeadCheck Health harmless and protect and indemnify HeadCheck Health in the event of any disclosure by such persons.
TERMINATION; MODIFICATION TO SERVICES
HeadCheck Health may also make improvements and/or changes to the Services at any time without notice.
No Class Actions. You may only resolve disputes with HeadCheck Health on an individual basis, and may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
COSTS OF LITIGATION