TRAINING TERMS OF USE

By accepting these Training Terms of Use (“Training Terms”) during your registration process, or by accessing or using ImPACT Applications’ educational content, you confirm your acceptance of these Training Terms as well as ImPACT Applications general Terms of Use. Defined terms are located in the general Terms of Use. If you do not agree, do not complete your registration process, access the educational content, or use the ImPACT Applications Site.
In order to receive a valid statement of credit or certificate, you must watch the prerecorded presentation in full and complete the course and /or credential program quiz and satisfaction survey. You are responsible for saving and maintaining your CE certificates. ImPACT Applications is not responsible for any lost or damaged certificates. All fees are non-refundable and cannot be exchanged. If you are unsatisfied with the educational content, please contact training@impacttest.com. ImPACT Applications reserves the right to remove and/or modify any educational content at any time, in its sole and absolute discretion, with or without notice. If ImPACT Applications removes or modifies educational content from its video on-demand library and you need to access it, please contact training@impacttest.com. ImPACT Applications reserves the right to delete any inactive account. An inactive account includes, but is not limited to, accounts that have not been accessed for a period of 180 days.
You acknowledge and agree that you must complete an annual course to maintain your status as a Credentialed ImPACT Consultant (CIC). Failure to take such annual course will result in loss of your certification designation and removal from the concussion care provider directory on the ImPACT Applications Site.
In addition to the uses listed in our Privacy Policy, we may provide your de-identified information to an accreditation organization or similar agency regarding courses taken, participation rate, etc. By accessing educational content eligible for continuing education credit, you consent, acknowledge, and agree that ImPACT Applications may provide your personal information to the applicable accreditation organization.
The educational content and information ImPACT Applications provides on the ImPACT Applications Site is provided for general educational purposes and is not specific medical, treatment, or scientific advice specific to you, a specific patient or condition, and/or your healthcare activities in your practice. While ImPACT Applications makes every effort to present accurate and reliable educational content, ImPACT Applications does not represent, warrant, endorse, approve, or certify any information displayed, uploaded, downloaded or distributed through the ImPACT Applications Site, nor does ImPACT Applications guarantee the accuracy, completeness, efficacy, or timeliness of such information. You should not act upon this information without consulting with an appropriate professional. You should seek the advice of a healthcare professional in all matters relating to your health and the health of others.
ImPACT Applications makes no representation or warranty that the educational content complies with the local laws of your jurisdiction. You are solely responsible for knowing and understanding your local laws concerning the educational content. It is your responsibility to evaluate the information that is provided on the ImPACT Applications Site. Use of such information is voluntary, and reliance on it should only be undertaken after an independent review by qualified experts. Under no circumstances will ImPACT Applications be responsible and/or liable for any damage caused by reliance upon information obtained through the ImPACT Applications Site.
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN OUR TERMS OF USE, OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST FEE YOU PAID FOR THE EDUCATIONAL CONTENT. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION, EXPIRATION, OR TERMINATION OF YOUR ACCOUNT.
Any dispute or claim relating in any way to the educational content, these Training Terms, to any ImPACT Applications Products or the ImPACT Applications Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this these Training Terms.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 9665 Granite Ridge Drive, Suite 550, San Diego, CA 92123. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, ImPACT Applications will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.