“ImPACT Applications Product” and collectively, the “ImPACT Applications Products”), the results generated by the ImPACT Applications Products, information which appears on the ImPACT Applications Site or ImPACT Applications Products, such as articles for scholarly publications, and other material contained on the ImPACT Applications Site and in ImPACT Applications Products all of which are provided to you for informational purposes only.
Neither the ImPACT Applications Site nor the ImPACT Applications Products constitute medical advice.
You should seek professional medical advice, diagnosis, and/or treatment for any and all medical conditions, whether as a result of using an ImPACT Applications 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 Applications Site and/or the ImPACT Applications Products and call 911 or seek the attention of a qualified healthcare provider immediately.
Disclaimer of warranties; limited liability of ImPACT Applications
The ImPACT Applications Site, the ImPACT Applications Products, and the results received as a result of the use of either the ImPACT Applications Site and/or the ImPACT Applications Products are provided to you on an “as is,” “where is” basis.
TO THE MAXIMUM EXTENT PERMITTED, IMPACT APPLICATIONS MAKES NO WARRANTY AS TO THE IMPACT APPLICATIONS SITE, THE IMPACT APPLICATIONS PRODUCTS, THE OPERATION OF THE IMPACT APPLICATIONS SITE, OR TO ANY SERVICES PROVIDED BY IMPACT APPLICATIONS THROUGH THE IMPACT APPLICATIONS 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 APPLICATIONS OR ANY OF ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SERVICE PROVIDERS, SUBCONTRACTORS OR LICENSORS BE LIABLE TO LICENSEE OR ANY THIRD PARTY
(WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE IMPACT APPLICATIONS SITE, THE IMPACT APPLICATIONS PRODUCTS OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO, THE INABILITY TO ACCESS THE IMPACT APPLICATIONS SITE OR THE IMPACT APPLICATIONS 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 APPLICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED, IMPACT APPLICATIONS AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY RELATED TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE IMPACT APPLICATIONS SITE, THE IMPACT APPLICATIONS PRODUCTS, MATERIALS PROVIDED TO YOU THROUGH THE IMPACT APPLICATIONS SITE OR IMPACT APPLICATIONS PRODUCTS, LINKS THAT MAY APPEAR ON THE IMPACT APPLICATIONS SITE OR IN THE IMPACT APPLICATIONS PRODUCTS AND OTHER MATERIALS THAT MAY BE MADE AVAILABLE TO YOU FROM TIME-TO-TIME ON THE IMPACT APPLICATIONS SITE OR THROUGH THE IMPACT APPLICATIONS PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED, IN NO EVENT SHALL IMPACT APPLICATIONS’ AGGREGATE LIABILITY EXCEED FEES ACTUALLY PAID TO IMPACT APPLICATIONS IN THE 12-MONTH PERIOD PRIOR TO THE EVENT OUT OF WHICH SUCH LIABILITY AROSE.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
Authority; Consent; Compliance with Applicable Laws; Privacy
By accessing the ImPACT Applications Site and the ImPACT Applications Products you represent and warrant to ImPACT Applications and its affiliates that: (1) you are an authorized ImPACT Applications user and you meet all applicable requirements to use the ImPACT Applications 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 Applications Products; and (3) your use of the ImPACT Applications Products complies with all applicable privacy laws, regulations, and rules 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 Applications to protect personal data refer to the Privacy Notice available at www.impacttest.com
Issuance and use of your ImPACT Applications password
Upon becoming a user of the ImPACT Applications Site and/or a licensee of an ImPACT Applications Product you will be issued a unique password that will enable you to access certain portions of the ImPACT Applications Site and the ImPACT Applications Products. Your password will also allow you to provide and store certain information on the ImPACT Applications Site. Once you have been issued a password for the ImPACT Applications Site and/or Product you shall be solely responsible for taking all reasonable steps to ensure that no unauthorized access to your ImPACT password occurs. You shall be solely responsible for the safekeeping of your password, authorizing use of your password, contacting ImPACT Applications immediately upon learning of a misappropriation of your password and/or your request to deactivate your password. You grant ImPACT Applications and all other persons or entities involved in the operation of the ImPACT Applications Site and ImPACT Applications Products the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the ImPACT Applications Site and ImPACT Applications Products.
Links to other sites and advertisements
All notices required to be in writing shall be delivered by hand, sent by recognized overnight courier (such as Federal Express or UPS), electronic mail, or mailed by certified or registered mail, return receipt requested, postage pre-paid addressed to the parties at the addresses first set forth below, or at such other address as the applicable party may designate in writing.