Training Terms of Use

TRAINING TERMS OF SERVICE

Introduction

By accepting these Training Terms of Service (“Training Terms”) during your registration process, accessing or using ImPACT Applications’ educational content (“Training”), or accessing the Concussion Care Training platform at  http://www.concussioncaretraining.com (the “Training Site”), you confirm your acceptance of these Training Terms, as well as ImPACT Applications’ Terms of Use and Privacy Notice (please refer to the Privacy Policy section below for more information).

We reserve the right to change these Training Terms from time to time without notice. You acknowledge and agree that it is your responsibility to review the Training Terms periodically to familiarize yourself with any modifications. Your continued use of the Training and this site after such modifications will constitute acknowledgment of an agreement to be bound by the modified terms and conditions.

If you do not agree to the Training Terms, do not complete the registration process, access the Training, or use the ImPACT Applications Site.

Responsible Use and Conduct

By accepting these Training Terms, you agree to use the Training only for their intended educational purposes as permitted by (a) these Training Terms, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

You understand and agree that:

  1. To access our Training, you may be required to provide certain information about yourself or any third parties you represent (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Training. You agree that any information you provide will always be accurate, correct, and up to date.
  2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Training. Accordingly, you are responsible for all activities that occur under your account(s).
  3. Accessing (or attempting to access) any of our Training by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Training through any automated, unethical or unconventional means and agree not to use any automated tools (like robots or scrapers) extract any data from Training.
  4. Engaging in any activity that disrupts or interferes with our Trainings, including the servers and/or networks to which our Training are located or connected, is strictly prohibited.
  5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Training is strictly prohibited.
  6. You will not acquire any ownership rights to the course content and are only receiving the right to use it for its intended educational purposes.
  7. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

Annual Credential Programs

If you enroll in ImPACT Applications’ Annual Credential Program (“ACP”), you will automatically receive access to the required training courses upon your acceptance into the ACP (“ACP Enrollment Date”). The ACP is available to licensed healthcare professionals permitted under applicable law to administer neurocognitive testing. Determinations regarding eligibility are made by ImPACT Applications in its sole and absolute discretion. Eligibility criteria may be subject to change from time to time, with or without notice.

Upon your acceptance into the ACP (“ACP Enrollment Date”), you shall pay the applicable ACP registration fee, and you may be automatically charged or invoiced, as applicable, a renewal fee each one-year anniversary thereof (the “ACP Fee”). ImPACT Applications may, upon sixty (60) days prior written email notice, increase the ACP Fee, which will become applicable upon your next renewal.

Each year after initial approval, you are required to take one (1) ImPACT Applications continuing education course to maintain your ACP status and active listing on ImPACT Applications’ site of Concussion Care Providers (https://concussioncareproviders.com). The annual course is included in the ACP Fee. This course is taken in the form of an on-demand video course or live webinar. Courses included in the ACP are not transferrable to other healthcare providers and may not be broadcasted or viewed with multiple people or in a group. ACP Courses may change at any time.

Training Completion

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. To receive the ACP certification, you must complete all the first-year ACP training courses which are intended to assist you in passing the ACP certification test. You are responsible for saving and maintaining your CE or ACP certificates, if applicable. ImPACT Applications is not responsible for any lost or damaged certificates.

Term and Termination

These Training Terms will become effective upon your acceptance of these Training Terms by clicking the “I have read and agree to the Training Terms of Service” button. Your agreement to the Training Terms will remain in effect while you maintain a current, fully paid online registration to the program or until terminated by ImPACT Applications. ImPACT Applications reserves the right to terminate any inactive account. An inactive account includes, but is not limited to, accounts that have not been accessed for a period of 180 days.

No cancellation will be accepted for active Trainings that begin immediately upon registration. All Training fees or the ACP Fee are non-refundable and cannot be exchanged or transferred. 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.

Privacy

In addition to the uses listed in our Privacy Notice, 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.

Limitation of Warranties and Limitation of Liability

The educational content and information ImPACT Applications provides on the ImPACT Applications Site is provided for general educational purposes and doesn’t constitute a medical, treatment, or scientific advice specific to you, a specific patient or condition, and/or any 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 NO EVENT SHALL IMPACT APPLICATIONS BE LIABLE FOR LOST PROFITS, REVENUES, OR BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, DIMUNITION IN VALUE, INTERRUPTION OF BUSINESS, OR FOR ANY EXEMPLARY, ENHANCED, PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATED TO DIAGNOSTIC ACCURACY AND/OR MEDICAL MALPRACTICE), REGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, AND REGARDLESS OF WHETHER IMPACT APPLICATIONS IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES OR WHETHER SUCH DAMAGES WERE FORESEEABLE. EXCEPTING INSTANCES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE AGGREGATE LIABILITY OF IMPACT APPLICATIONS FOR ANY AND ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THESE TRAINING TERMS OR THEIR SUBJECT MATTER WILL NOT EXCEED THE 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 AND EVEN IF ANY LIMITED REMEDY HEREIN FAILS ITS ESSENTIAL PURPOSE.

Copyrights/Trademarks

All ImPACT Applications’ educational content, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of ImPACT Applications, Inc., and are protected by applicable copyright, trademark, and other intellectual property laws. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by ImPACT Applications, Inc.

Dispute Resolution

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 One Pierce Place, Suite 101C, Itasca, IL 60143. 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. You may choose to have the arbitration conducted by videoconference, 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.