Terms of Use and Privacy

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PrivacyTerms of Use and Privacy

THE USER OF THIS SOFTWARE (referred to herein as “You” or Your”) UNDERSTANDS AND AGREES THAT CNS VITAL SIGNS LLC AND MATRIX MEDICAL COMMUNICATIONS LLC ARE NOT ACTING AS QUALIFIED HEALTH PROFESSIONALS OR MEDICAL PROVIDERS (“Provider”), AND THAT THE SOFTWARE IS AN INFORMATION PROCESSING TOOL ONLY
MMCconcussiontests.com and Consussionvitalsigns.com (collectively referred to herein as the “Website”) are owned and operated by Matrix Medical Communications and CNS Vital Signs, LLC (“MMC/CNS”). The following terms and conditions (these “Terms of Use”), govern your access to and use of this Website, including any content, functionality and services offered on or through the Website. Your use of the Website is conditioned upon your acceptance of these Terms of Use. If you do not agree to these terms and conditions, you are not authorized to access or use the Website. MMC/CNS may revise and update these Terms of Use from time to time in their sole discretion. All changes are effective immediately when posted. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Acceptable use
MMC/CNS grants you permission to access and use this Website for your personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download reports from the Website for your own personal use.

Prohibited uses
You agree that you will not:

  • Use the Website in any way that violates any applicable federal, state, local or international law.
  • Use the Website to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by MMC/CNS, may harm MMC/CNS or users of the Website or expose them to liability.
  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
    Otherwise attempt to interfere with the proper working of the Website.

Intellectual property
This Website and all of its contents, features and functionality (including but not limited to the information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are the property of MMC/CNS and its licensees and other suppliers of such material and are protected by U.S. and international copyright, trademark and other intellectual property rights laws.

Trademarks
The MMC/CNS name and all related names, logos, product and service names, designs and slogans are trademarks of MMC/CNS or its affiliates or licensors. You must not use such marks without the prior written permission of MMC/CNS. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Healthcare disclaimer
The information presented on this Website is not intended to be medical advice and should not be relied upon as such. If you suspect health related problem, MMC/CNS strongly urges you to consult with a qualified physician.

Disclaimer of warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. MMC/CNS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MMC/CNS NOR ANY PERSON ASSOCIATED WITH MMC/CNS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER MMC/CNS NOR ANYONE ASSOCIATED WITH MMC/CNS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE MMC/CNS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
MMC/CNS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

Limitation on liability
IN NO EVENT WILL MMC/CNS, ITS AFFILIATES OR THEIR LICENSEES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification
You agree to defend, indemnify and hold harmless MMC/CNS, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing law and jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in courts situated in the State of North Carolina, and you consent to the jurisdiction of such courts.

Waiver and severability
No waiver by MMC/CNS of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MMC/CNS to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Privacy policy introduction
Your privacy on the Internet is of the utmost importance to MMC/CNS. At MMC/CNS, we want to make your experience online satisfying and safe. Because MMC/CNS gathers certain types of information about our users, MMC/CNS feels you should fully understand our policy and the terms and conditions surrounding the capture and use of that information. The information you provide is safeguarded. This Privacy Policy discloses what information MMC/CNS gathers and how MMC/CNS uses it. It applies to information MMC/CNS collects on this Website, including through electronic messages between you and the Website (for example, when you submit a message using our “Customer Service/Feedback” form). It does not apply to information collected by MMC/CNS offline or through other means, or to information collected by third parties, including through any application or content that may link to or be accessible from this Website. By accessing or using this Website, you agree to this Privacy Policy. Please review it carefully.

Information MMC/CNS gathers and tracks
We gather the following information about users:

  • Information that users provide through optional, voluntary submissions. This information may include personal information, such as your name, phone number, email address, state and zip code. We collect this information to respond to requests from users, customize our features for individual visitors who are MMC/CNS customers and to notify customers about updates to our site and products or services.
  • Information that we collect automatically as you navigate the Website. This information may include usage details, IP addresses and information collected through tracking technologies such as cookies and web beacons. We do not track what individual users read, but rather how well each page performs overall. We collect this information in order to determine how to create the best experience for our customers.

Policy amendment
MMC/CNS approaches Internet communications with a strong commitment to individual privacy rights and concerns. As the Internet evolves, our policy will continue to change and develop. We therefore reserve the right to amend this Privacy Policy at any time with or without prior notice. Please check this page periodically for changes. Your continued use of the sites following any changes to this Privacy Policy will constitute your acceptance of such changes.

Use of personal information
MMC/CNS strictly protects the security of your personal information and honors your choices for its intended use. We disclose your information to no third parties unless it is specifically stated otherwise. We may use third party contractors to help us operate our business and the sites or administer activities on our behalf, and may share your personal information with these contractors for those limited purposes. MMC/CNS uses your information solely to fulfill services, transact a purchase, and help MMC/CNS improve our website and product offering to you. Notwithstanding any other provision to the contrary, MMC/CNS reserves the right to cooperate with local, state and federal officials in any investigation relating to any purported illegal activity(ies) and, when required by law, regulation, legal process or government requests, to disclose any personal information furnished by you or collected by MMC/CNS to law enforcement authorities or other relevant or related third parties.

Some of the features on this Website allow you to communicate with us using an online form. If your communication requests a response from us, MMC/CNS may send you a response via e-mail. The e-mail response or confirmation may include your personal information, including your name, address, etc. MMC/CNS cannot guarantee that our e-mails to you will be secure from unauthorized interception.

Accessing and correcting your information
You may contact us if you wish to view, edit, or delete your personal information from our database, and MMC/CNS will use commercially reasonable efforts to accommodate your request. You may also contact MMC/CNS if you believe that any inaccurate or inappropriate information has been obtained or provided to others through your use of this Website.

Refunds and Cancellations
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR COMPLETED TESTS, COMPLETED TESTS WITH INVALID RESULTS, OR FAILURE TO COMPLETE THE TEST WITHIN THE 7 ALLOTTED DAYS. At any time, and for any reason, we may provide a refund, discount, or other consideration to a customer. The amount and form of such refunds, and the decision to provide them, are at our sole and absolute discretion. The provision of a refund in one instance does not entitle you to a refund in the future for similar instances, nor does it obligate us to provide refunds in the future, under any circumstance.

Your California privacy rights
California Civil Code § 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personal information to third-parties for their direct marketing purposes. To make such a request, please contact us and indicate whether you are a California resident.

California law requires us to let you know how MMC/CNS responds to web browser “Do Not Track” signals. Our Website does not currently support “Do Not Track” codes. That is, Starkey does not currently respond to or take any action with regard to “Do Not Track” requests.

Users outside of the U.S.
Your information may be stored and processed in the United States or any other country in which MMC/CNS or its affiliates, subsidiaries or agents maintain facilities. Your information may be processed in countries with different data protection standards than your country of residence. By using this site and providing MMC/CNS with your personal information, you agree that you have read this policy and consent to any transfer, processing or storing of your information outside of your country of residence.

Children
Consistent with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 18 without requesting parental consent.

Cookies and other automatic data collection technologies
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

  • Details of your visits to the Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system and browser type.
  • The Website may use “cookies” and other technologies such as pixel tags and web beacons. MMC/CNS may place a text file called a “cookie” in the browser files of your computer. MMC/CNS uses cookies to track user traffic patterns (as described above). You can refuse cookies by turning them off in your browser. If you’ve set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You do not need to have cookies turned on to use this site; however, it will help you to participate more actively in some features.

Links to other websites and services
The MMC/CNS Websites may contain links to other sites that are not under our control. These Websites have their own policies regarding privacy. You should review those policies when visiting the Websites. MMC/CNS has no responsibility for linked websites and is not responsible for the content of any such site. MMC/CNS provides these links solely for the convenience and information of our visitors.

Security
MMC/CNS operates secure data networks protected by industry standard firewall and password protection systems. MMC/CNS security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided by our customers. Unfortunately, the transmission of information via the Internet is not completely secure. Although MMC/CNS attempts to protect your personal information, MMC/CNS cannot guarantee the security of your personal information transmitted to the Website. Any transmission of personal information is at your own risk.

Entire agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and MMC/CNS with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Last updated: January 2016