TERMS & CONDITIONS
1. Neither the ImPACT® Site nor the ImPACT Products constitute medical advice.
The ImPACT web site including, but not limited to the Customer Center and training materials contained therein (the “ImPACT Site”), the ImPACT products and services available on or through the ImPACT Site including, but not limited to the neurocognitive testing (each an “ImPACT Product” and collectively, the “ImPACT Products”), the results generated by the ImPACT Products, information which appears on the ImPACT Site or ImPACT Products such as articles for scholarly publications, and other material contained on the ImPACT Site and in ImPACT Products are provided to you for informational purposes only. You should seek professional medical advice, diagnosis, and/or treatment for any and all medical conditions, whether as a result of using an ImPACT Product or otherwise. In the event you believe you have suffered a concussion or some other medical condition you should immediately seek the advice of a neuropsychologist, medical doctor or another qualified healthcare provider. If you are suffering from symptoms that may be related to a concussion or some other serious medical condition you should immediately stop using the ImPACT Site and/or the ImPACT Products and call 911 or seek the attention of a qualified healthcare provider immediately.
Disclaimer of warranties; limited liability of ImPACT
The ImPACT Site, the ImPACT Products, and the results received as a result of the use of either the ImPACT Site and/or the ImPACT Products are provided to you on an “as is,” “where is” basis.
TO THE MAXIMUM EXTENT PERMITTED, IMPACT MAKES NO WARRANTY AS TO THE IMPACT SITE, THE IMPACT PRODUCTS, THE OPERATION OF THE IMPACT SITE, OR TO ANY SERVICES PROVIDED BY IMPACT THROUGH THE IMPACT SITE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, SATISFACTORY QUALITY, DIAGNOSTIC ACCURACY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TO THE MAXIMUM EXTENT PERMITTED, IN NO EVENT WILL IMPACT OR ANY OF ITS SUBCONTRACTORS OR LICENSORS BE LIABLE TO LICENSEE OR ANY THIRD PARTY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE IMPACT SITE, THE IMPACT PRODUCTS OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO, THE INABILITY TO ACCESS THE IMPACT SITE OR THE IMPACT PRODUCTS, INACCURATE RESULTS, LOSS OF PROFITS OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, CLAIMS RELATED TO DIAGNOSTIC ACCURACY AND/OR MEDICAL MALPRACTICE OR PERSONAL INJURY, EVEN IF IMPACT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED, IMPACT AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS AND AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY RELATED TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE IMPACT SITE, THE IMPACT PRODUCTS, MATERIALS PROVIDED TO YOU THROUGH THE IMPACT SITE OR IMPACT PRODUCTS, LINKS THAT MAY APPEAR ON THE IMPACT SITE OR IN THE IMPACT PRODUCTS AND OTHER MATERIALS THAT MAY BE MADE AVAILABLE TO YOU FROM TIME-TO-TIME ON THE IMPACT SITE OR THROUGH THE IMPACT PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED, IN NO EVENT SHALL IMPACT’S AGGREGATE LIABILITY EXCEED FEES ACTUALLY PAID TO IMPACT IN THE 12-MONTH PERIOD PRIOR TO SUCH LIABILITY BEING FINALLY ADJUDICATED BY A COURT OF COMPETENT JURISDICTION.
Authority; Consent; Compliance with Applicable Laws; Privacy
By accessing the ImPACT Site and the ImPACT Products you represent and warrant to ImPACT and its affiliates that: (1) you are an authorized ImPACT user and you are properly credentialed and/or licensed to use the ImPACT Products; (2) you and/or your organization have properly secured all required consents to collect, use and access the information made available by accessing the ImPACT Products; and (3) your use of the ImPACT Products complies with all applicable privacy rules and regulations including, but not limited to, the collection and processing of Personal Identifiable Information and data concerning health.
For a description of policies and methods used by ImPACT to protect personal data refer to the Privacy Notice available at www.impacttest.com
Issuance and use of your ImPACT password
Upon becoming a user of the ImPACT Site and/or a licensee of an ImPACT Product you will be issued a unique password that will enable you to access certain portions of the ImPACT Site and the ImPACT Products. Your password will also allow you to provide and store certain information on the ImPACT Site. Once you have been issued a password for the ImPACT Site and/or Product you shall be solely responsible for taking all reasonable steps to ensure that no unauthorized person shall gain access to your ImPACT password. You shall be solely responsible for the safekeeping of your password, authorizing use of your password, contacting impact immediately upon learning of a misappropriation of your password and/or your request to deactivate your password. You grant ImPACT and all other persons or entities involved in the operation of the ImPACT Site and ImPACT Products the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the ImPACT Site and ImPACT Products.
Links to other sites and advertisements
Exclusive jurisdiction for any dispute between you and ImPACT, or in any way relating to your use of the ImPACT Site and/or the ImPACT Products, shall be solely and exclusively in the state and federal courts of Allegheny County, Commonwealth of Pennsylvania. You agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts located in Allegheny County, Commonwealth of Pennsylvania in connection with any such dispute.
All notices required to be sent hereunder will be in writing and will be deemed to have been given when mailed by first class mail, postage prepaid, certified or registered, return receipt requested, or by nationally recognized overnight courier, to the parties at the addresses first set forth below, or at such other address as the applicable party may designate in writing.