Terms of Use

Terms of Use for axonsports.com and the Axon Sports CCAT - US/Mexico

Terms of Use - US/Mexico (pdf). | Terms of Use - Australia
Terms of Use - US/Mexico - Spanish (pdf).

1. These Terms of Use are intended to govern all users of the Axon Sports website and the Axon Computerized Cognitive Assessment Tool ("CCAT").

This Agreement is intended to set forth the contractual terms and conditions under which all users and potential users ("User" or "Users") are permitted to use Axonsports.com and the Axon Sports Computerized Cognitive Assessment Tool ("CCAT"), including but not limited to such Users as individuals ("Individual Users") , the parents or guardians of minor children ("Parent" or "Parents"), physicians or other medical providers ("Providers"), athletic trainers, coaches, schools or other sports teams or institutions ("Institutional Users") and authorized resellers of the CCAT ("Authorized Resellers"). By accepting these Terms of Use, including the Privacy Policy the User or, in the case of a minor child User, their Parent, enters into an agreement with Axon Sports, LLC ("Axon Sports") and agrees to be bound by the terms and conditions of this Agreement ("Terms"). Each User's participation in any suggested activity, use of any information or product contained within the Axon Sports Site (including the CCAT), or otherwise provided to you by Axon Sports is entirely voluntary. If you do not wish to be bound by these Terms, do not use this website or the products sold here. For purposes of this agreement, the word "you" or "your" shall be interpreted to include minor children where the parent or guardian is accepting the Terms of Use on behalf of such minor child.

2. The Axon Sports website (the "Axon Sports Site") and the Axon Sports Computerized Cognitive Assessment Tool ("CCAT") are not medical devices, and neither the Axon Sports Site nor the CCAT is designed or intended to provide medical advice or a medical diagnosis.

The Axon Sports Site and the contents of the Axon Sports Site, including the CCAT available through the Axon Sports Site, the results generated by the CCAT, information which appears on the Axon Sports Site such as articles for scholarly publications, and other material contained on the Axon Sports Site are provided to you for informational purposes only.

Neither the Axon Sports Site nor the CCAT are designed or intended to provide medical advice or a medical diagnosis. The CCAT is designed only to provide a simple measure of cognitive function, and to assist Providers in measuring and assessing changes in cognitive function over time. Cognitive function can change for many reasons, including lack of sleep, impairment due to substance abuse, distraction, and many other reasons that have nothing to do with injury or disease. The CCAT provides no guidance as to the cause of any change in cognitive function, and cannot be used to diagnose an injury or any other medical condition.

Traumatic brain injury and concussion are potentially very serious medical conditions and individual athletes, parents, guardians, coaches and athletic trainers should always take a very conservative approach to treatment. If it is suspected that a person may have sustained such an injury, they should immediately seek the care of a medical doctor or other qualified medical professional.

No lay person such as a parent, guardian, coach or athlete should ever make a decision as to whether an athlete has sustained a traumatic brain injury or concussion, nor should they decide whether an athlete who has sustained such an injury is ready to return to play or to return to the classroom. The CCAT is designed solely to provide a doctor or other qualified medical professional with additional information that may prove helpful in making a determination as to whether an injury has occurred or assist that qualified medical professional in determining when an athlete may safely be cleared to play or to return to the classroom. Results of a CCAT should only be considered and interpreted along with physical symptoms and other relevant medical information by qualified medical professionals and should never be used on a stand-alone basis to determine whether an injury has occurred or whether an athlete may safely be cleared to play.

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 Axon Sports Site and/or the CCAT and seek the attention of a doctor or other qualified medical professional.

3. Disclaimer of Warranties; Limited Liability of Axon Sports

The Axon Sports Site requires transmission of your personal data as a process of purchasing or registering for a CCAT and through responses to the CCAT via media connections beyond the control and supervision of Axon Sports. Axon Sports therefore disclaims any and all liability for or relating to the delay, failure, interruption, corruption or loss of any data transmitted in connection with use of the Axon Sports Site and/or the CCAT.

The Axon Sports Site, the CCAT and the results received as a result of the use of both the Axon Sports Site and the CCAT are provided to you on an "as is," "where is" basis.

AXON SPORTS DISCLAIMS ANY AND ALL WARRANTIES AS TO THE AXON SPORTS SITE, THE CCAT, THE OPERATION OF THE CCAT SITE, OR TO ANY SERVICES PROVIDED THROUGH THE AXON SPORTS SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, SATISFACTORY QUALITY, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. IN NO EVENT WILL AXON SPORTS OR ANY AXON SPORTS SUBCONTRACTOR OR LICENSOR BE LIABLE TO LICENSEE OR ANY THIRD PARTY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY) FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE AXON SPORTS SITE, THE CCAT OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO, THE LOSS OF USE OF THE AXON SPORTS SITE, THE CCAT, 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, INCLUDING, WITHOUT LIMITATION, CLAIMS RELATED TO DIAGNOSTIC ACCURACY AND/OR MEDICAL MALPRACTICE OR PERSONAL INJURY, EVEN IF AXON SPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AXON SPORTS AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS AND AFFILIATES EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY RELATED TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE AXON SPORTS SITE, THE CCAT, ARTICLES OR ADVICE PROVIDED TO YOU THROUGH THE AXON SPORTS SITE, LINKS THAT MAY APPEAR ON THE AXON SPORTS SITE AND OTHER MATERIALS THAT MAY BE MADE AVAILABLE TO YOU FROM TIME-TO-TIME ON THE AXON SPORTS SITE.

AXON SPORTS AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS AND AFFILIATES EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY RELATED TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE AXON SPORTS SITE, THE CCAT, ARTICLES OR ADVICE PROVIDED TO YOU THROUGH THE AXON SPORTS SITE, LINKS THAT MAY APPEAR ON THE AXON SPORTS SITE AND OTHER MATERIALS THAT MAY BE MADE AVAILABLE TO YOU FROM TIME-TO-TIME ON THE AXON SPORTS SITE.

4. Minors are only permitted to use the Axon Sports Site and the CCAT with the express consent and permission of a parent or guardian.

Axon Sports believes that Parents should make the important decision regarding when and how their minor children use the Axon Sports Site and the CCAT. When a minor child registers for the Axon Sports Site or to take the CCAT, the registration process requires the minor child to supply the name, address, phone number and email address of a Parent. Once the minor child provisionally registers for the Axon Sports Site or takes the CCAT, Axon Sports will send an email to the Parent, informing the Parent that the minor child has registered for the Axon Sports Site or taken the CCAT, and asking the parent or guardian to review the Privacy Policy and the Terms and accept or decline to register the minor child under those terms and conditions ("Parental Consent Email"). If the Parent of a minor child does not have an email address, the Institutional User distributing the test credit or voucher to a minor child must certify that written consent of the parent or guardian has been obtained on the Axon Sports Written Parental Consent Form (www.axonsports.com/parentalconsentform), that the Parent has consented to the minor child's registration by calling in their consent to the Axon Sports Customer Service hotline (1.877.399.2966) or that they have obtained a general consent from the Parent broad enough for them to accept the Terms on behalf of the minor child and their Parent.

Institutions who purchase test credits or vouchers for distribution to minor children are required to notify the parents or guardians of such minor children in writing that: 1) they have distributed a test credit or voucher to the minor child or registered a minor child for the site or the CCAT (www.axonsports.com/TellAParent) and, 2) parental consent to these Terms and Privacy Policy is required; and 3) Children's Online Privacy Protection Act (‘COPPA') requirements may prevent the permanent registration of the minor child and retention of the CCAT results for minor children under the age of 13. Institutional Users hereby certify that they have either directed the child to provide the name and email address of the Parent as part of the registration process or have obtained the appropriate written consent from the parent or guardian of each such minor child as described herein. Failure to provide written notice to Parents or Guardians or to obtain the required parental consents or contact information shall constitute a violation of this Agreement by Institutional Users.

The CCAT is designed to be used only by persons aged ten (10) or over. Individual Users should ensure that the test environment is quiet and free from distractions (i.e., no cell phones, open programs for web browsing, email, music or messaging) and focus on responding as accurately and quickly as possible. In the case of minor children, Parents or Institutional Users should directly supervise minor children taking the test to ensure that the test environment is quiet and free from distractions (i.e., no cell phones, open programs for web browsing, email, music or messaging) and make sure that the minor understands the need to focus and respond as accurately and quickly as possible. Any of these kinds of distractions can undermine the validity and quality of the CCAT. If an Individual User, Parent or Institutional User believes that a CCAT was taken under compromised conditions or does not reflect the Individual User's best effort, the test should be repeated under appropriate conditions.

Institutional Users acknowledge that it is their responsibility to obtain parental consent for all minor children and agree that the deletion of a minor child's information due to an inability to secure parental consent shall not entitle the Institutional User to a refund of the purchase price of the deleted CCAT or user profile.

The Parent, or an Institutional User authorized by the Parent, is solely responsible for providing supervision of any minor child's use of the Axon Sports Site and/or the CCAT. A Parent, or Institutional User authorized by the Parent, who registers a child shall assume full responsibility for ensuring that the registration information is kept secure and that the information submitted is accurate and complete. The minor child's Parent, or an Institutional User authorized by the Parent, also assumes full responsibility for securing, from a qualified medical professional, the appropriate interpretation and use of any information or suggestions provided through the Axon Sports Site and/or the CCAT.

5. Children's Privacy and Use of the Axon Sports Site and the CCAT by minors.

Axon Sports is committed to protecting the privacy of children. Axon Sports does not knowingly collect and retain any Personally Identifiable Information from minors younger than thirteen (13) years of age, except with the express consent of a Parent or a school which has obtained the appropriate consent of a Parent. If the Parent or authorized school declines to give their consent, and the minor child is under the age of 13, the COPPA may require Axon Sports to delete the Personally Identifiable Information (as defined in the Privacy Policy) collected from that minor child, including the CCAT results, unless the Institutional User distributing the test credit is a school who has obtained the consent of a Parent through either the Axon Sports Parental Consent Form provided by Axon Sports or through a Fair Use or other general permission form broad enough to cover the school's acceptance of these Terms on behalf of the Parent and minor child. It is the responsibility of a school to determine whether their general permission form is broad enough to permit the distribution of the CCAT and the acceptance of these Terms on behalf of the minor child and their Parent, and to ensure that all Parents of a minor child have in fact signed such consent forms.

In order to comply with COPPA requirements, Providers or Institutional Users other than schools who distribute the CCAT to minor children under the age of 13 cannot rely on general consent to treatment or other general consent forms and must either ensure that the minor child supplies the parent's valid email address or that they have either obtained the parent's signature on the Axon Sports Written Parental Consent Form or ensured that the Parent has granted consent by calling the Axon Sports customer service hotline (1.877.399.2966). If no such written consent is obtained, or the Parent fails to respond to the Parental Consent email, COPPA may require Axon Sports to delete the Personally Identifiable Information associated with any minor child under the age of 13 whose Parent has not given their consent to these Terms.

Institutional users are responsible for adhering to the Privacy Policy and safeguarding Personally Identifiable Information (as defined in the Privacy Policy) and Other Personal Information (as defined in the Privacy Policy) collected from minor children, and such Institutional Users hereby agree to indemnify and hold harmless Axon Sports for any claim by an Individual User, Parent or governmental or law enforcement agency which arises from a failure of the Institutional User to adequately safeguard the integrity of any User's data or to adhere to the terms of the Privacy Policy or these Terms.

6. Use of the Axon Sports Site and the CCAT by Individuals

Each Individual User is authorized and granted a limited license to use the Axon Sports Site for the purposes permitted by the Terms, and individual Users who have purchased a CCAT credit or voucher or has registered for the CCAT using a credit or voucher supplied by a Parent or Institutional User, is hereby granted a limited license to take the CCAT, subject to the Terms, for the purposes of establishing a Baseline cognitive assessment or for measuring cognitive function after an injury has occurred. The CCAT is to be used solely for the Individual User's personal, noncommercial use and cannot be resold. Use of the Axon Sports Site and the CCAT are governed by these Terms.

By registering for the Axon Sports Site or the CCAT, each Individual User agrees to abide by the Terms and to defend, indemnify, and hold harmless Axon Sports, its officers, directors, shareholders, agents, licensors, suppliers, successors and assigns and affiliates harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable attorney's and accounting fees, resulting from, or alleged to result from, any violation of these Terms, regardless of whether such violation is intentional, negligent or inadvertent.

7. Use of the Axon Sports Site and the CCAT by Parents or Institutional Users

Parents and Institutional Users may register to use the Axon Sports Site and purchase multiple CCATs for their own use as an Individual User or for distribution to other Individual Users, including minor children, and are hereby granted a limited license to use and distribute the CCAT, subject to these Terms, for the purposes of establishing Baseline cognitive assessment or for measuring cognitive function after an injury has occurred.

By registering for the Axon Sports Site or the CCAT, Parents or Institutional Users agree to abide by the Terms and expressly agree to defend, indemnify, and hold harmless Axon Sports, its officers, directors, shareholders, agents, licensors, suppliers, successors and assigns and affiliates harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable attorney's and accounting fees, resulting from, or alleged to result from, any violation of these Terms, regardless of whether such violation is intentional, negligent or inadvertent.

8. Use of the Axon Sports Site and the CCAT by Authorized Resellers.

Authorized Resellers may register to use the Axon Sports Site and purchase multiple CCATs for their own use as an Individual User or for sale and distribution of the CCAT to Individual Users, Parents or Institutional Users, including minor children, and are hereby granted a limited license to use and distribute the CCAT, subject to these Terms, for the purposes of establishing Baseline cognitive assessment or for measuring cognitive function after an injury has occurred.

By registering for the Axon Sports Site or the CCAT, Authorized Resellers agree to abide by the Terms and expressly agree to defend, indemnify, and hold harmless Axon Sports, its officers, directors, shareholders, agents, licensors, suppliers, and successors and assigns and affiliates harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable attorney's and accounting fees, resulting from, or alleged to result from, any violation of these Terms, regardless of whether such violation is intentional, negligent or inadvertent.

9. Ownership of Intellectual Property.

The Axon Sports Site, the CCAT and many or all of the other materials provided to you on the Axon Sports Site are protected by the laws of the United States and foreign countries regarding copyrights, trademarks and/or service marks. All right, title and interest in and to the Axon Sports Site and the CCAT shall remain solely with Axon Sports or its affiliates. Any use of the Axon Sports Site, the CCAT and/or the materials made available to Users on the Axon Sports Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Axon Sports reserves the right to alter, change or modify without notice the Axon Sports Site and/or the CCAT.

All right, title and interest in any data collected by Axon Sports in the course of site registration, taking the CCAT, or any other activities contained within the Axon Sports Site is exclusively owned by Axon Sports. To the extent that the site User retains any right, title and interest in any data collected by Axon Sports, the User hereby grants and assigns to Axon Sports an exclusive, worldwide, perpetual, and fully-paid up license to such data.

In the event any User violates any of these Terms, that User's license to use the Axon Sports Site and the CCAT shall automatically and immediately terminate and that User will be required to immediately destroy any copies they have made of any portion of the CCAT.

10. Privacy and Submission of Personal Information

Registering for the Axon Sports Site and/or purchasing CCAT test credits or vouchers, or registering for and taking the CCAT will require Individual Users, Parents, Institutional Users and Authorized Resellers to submit personal information to Axon Sports. The submission of such personal information by any User and Axon Sport's use and retention of such personal information is governed by the terms of Axon Sport's Privacy Policy (www.axonsports.com/privacypolicy). In the event of an inconsistency between this Agreement and the Axon Sports Privacy Policy, these Terms shall control.

11. Issuance and Use of the Axon Sports Password - Individual Users

Upon becoming a member of the Axon Sports Site or registering for the CCAT, all Users will choose and register with Axon Sports a unique password which will enable them to access certain portions of the Axon Sports Site or take the CCAT. This password will also allow Users to provide and store certain information on the Axon Sports Site. Once a password has been created for the Axon Sports Site or the CCAT, Users shall be solely responsible for taking all reasonable steps to ensure that no unauthorized person shall gain access to their password. Users shall be solely responsible for the safekeeping of their password, authorizing use of such password, contacting Axon Sports immediately upon learning of a misappropriation of such password and/or requesting to deactivate your password. Users grant Axon Sports and all other persons or entities involved in the operation of the Axon Sports Site the right to transmit, monitor, retrieve, store, and use this information in connection with the operation of the Axon Sports Site.

12. Issuance and Use of the Axon Sports Password - Parents and Institutional Users

Institutional Users or Parents, who distribute test credits or vouchers to an Individual User and/or are linked to accounts created by such Individual Users, must create their own accounts on Axonsports.com and create a unique password which will enable them to access certain portions of the Axon Sports Site. Institutional Users and Parents who register for the Axon Sports Site may also view the results of any Individual Users who have taken CCATs which have been purchased and distributed by the Institutional User or the Parent, provided that the Individual User has agreed to the linking of their account with such Institutional User or Parent. This password will also allow Institutional Users or Parents to provide and store certain information on the Axon Sports Site. Once a password has been created for the Axon Sports Site or the CCAT, Institutional Users and Parents shall be solely responsible for taking all reasonable steps to ensure that no unauthorized person shall gain access to their password. Institutional Users or Parents shall be solely responsible for the safekeeping of their password, and shall contact Axon Sports immediately upon learning of a misappropriation of such password. Institutional Users and Parents grant Axon Sports and all other persons or entities involved in the operation of the Axon Sports Site the right to transmit, monitor, retrieve, store, and use this information in connection with the operation of the Axon Sports Site. Individual Users who register and take CCATs using test credits or vouchers provided by an institution (or their parents or guardians, in the case of minor children) acknowledge that Institutional Users who have distributed the CCAT to an Individual User will have access to some of that Individual User's data unless the Individual User or Parent elects not to share their data with the Institutional User, and that Axon Sports cannot be held responsible for any failure on the part of such Institutional User to properly safeguard its password.

13. Credit Card Data

In purchasing the CCAT, Users may be required to provide a valid credit card number, expiration date, and CVV code at the time they purchase the CCAT or any other product or service offered by Axon Sports. Users agree to pay any and all charges resulting from any purchase of the CCAT or other product or service and by providing information regarding a credit card, Users represent and warrant that they are the authorized user of the credit card. Any charges that Users agree to pay are exclusive of any and all applicable sales and other taxes that may be imposed by any state or locality. Users agree that Axon Sports may submit information regarding their credit card and related Personally Identifiable Information (as defined in the Privacy Policy) to Axon Sport's service provider(s) solely for their use in charging Users for the purchase of the CCAT or other products or services offered by Axon Sports. Axon Sports reserves the right to modify the pricing of the CCAT or any other product or service from time-to-time with or without notice..

14. Links to Other Sites and Advertisements

Axon Sports may provide links to third-party web sites on the Axon Sports Site. Axon Sports shall not be responsible for the content provided through third-party sites linked from time-to-time to the Axon Sports Site or advertisements displayed on the Axon Sports Site, and does not make any representations regarding their content, accuracy or non-infringement. Users agree that any use of thirdparty links is at their own risk and subject to the terms and conditions of use for such sites.

15. Indemnity

All Users expressly agree that the results of an After Injury CCAT is intended to be evaluated solely by qualified medical professionals as a tool for assessing cognitive performance relative to a pre-established Baseline. It is not intended to determine whether a person has suffered an injury, or whether an injured athlete is ready to return to play and any such interpretive use by Individual Users, Parents or Institutional Users (other than qualified medical professionals) is an express violation of the Terms of the Axon Sports Site and the CCAT.

Use of the Axon Sports Site and the CCAT are governed by these Terms and all Users expressly agree to defend, indemnify, and hold harmless Axon Sports, its officers, directors, shareholders, agents, licensors, suppliers, successors and assigns and affiliates harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable attorney's and accounting fees, resulting from, or alleged to result from any violation of these Terms, regardless of whether such violation is intentional, negligent or inadvertent.

16. General

These Terms and the rights, obligations, liabilities, and responsibilities of the parties hereto, shall be governed and interpreted in accordance with the laws of the Commonwealth of Delaware, without reference to the conflicts of laws principles of that or any other jurisdiction. The invalidity of any provision of these Terms by any court having competent jurisdiction shall not affect the validity of the remaining provisions of these Terms which shall remain in full force and effect.

Except for notices sent to Users of changes to these Terms or Privacy Policy, which may be sent via email, 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:

Axon Sports, LLC
2100 Stewart Ave Ste 201
Wausau, WI 54401
Tel: 715.848.1024
Fax: 715.848.1053
Email: customerservice@axonsports.com

The waiver by either party of any default or breach of these Terms will not constitute a waiver of any other or subsequent default or breach. No act, delay or omission on the part of either party will be deemed a waiver unless expressly made in writing.

These Terms constitute the complete agreement between the parties and supersede all prior or contemporaneous agreements or representations, written or oral, concerning the use of the Axon Sports Site and the CCAT. This Agreement may be modified or amended from time to time, provided that Axon Sports notifies Users of such modification, at which time each User shall either accept such modifications or de-activate their account.

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