Terms and Condition

Player’s Health

End User License Agreement

Effective Date: July 1, 2015

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your assent to these Terms of Use (“TOU”). If you do not agree to all of these TOU do not use the Player’s Health Site (“Site”).

Player’s Health may revise and update these TOU at any time. You are responsible for regularly reviewing these TOU and any Additional Terms posted on other sections of the Site. Your continued usage of the Site will mean you accept those changes.

We take privacy seriously and take all reasonable precautions with both our software and websites to ensure HIPAA compliance. This Terms of Use also incorporates by reference the Player’s Health Privacy Policy.

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE

Welcome to Player’s Health! Player’s Health is an interactive mobile platform designed to enable coaches and parents to quickly and easily document a youth athletes injuries and/or medical conditions. Player’s Health is not a healthcare provider. Player’s Health does not provide medical advice, diagnosis, or treatment. The contents of the Player’s Health Site (“Content”) is for informational purposes only. None of the Content should be construed as medical recommendations, medical advice, or legal advice. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare professional with any questions you have regarding a medical condition or injury. Never disregard professional medical advice. If you believe you may have a medical emergency, call 911 immediately.

These TOU are an agreement between the users ("you" or "your") of the websites identified below on the one hand, and Player’s Health and www.playershealth.com (collectively, "Company," "we," "our," or "us") on the other hand and govern your use of the Sites (as defined below) and the services and/or content, including, without limitation, any information, text, software, scripts, graphics, photographs, audio and/or visual materials (individually or in combination), features and other materials uploaded, downloaded or appearing on or available through the Sites (collectively, “Content”). The sites to which these TOU apply are those sites owned and operated by Company, including, without limitation www.playershealth.com (collectively, the "Sites"). Each of the Company and you shall be a "Party" or, collectively, "Parties." The Sites are intended for a special audience over the age of 18 and involved in organized athletics and sports, including, athletes ("Players") and sporting teams ("Teams") as well as a certain coaches ("Coaches") and potentially teams or their related entities' administrators and other affiliated personnel ("Administrators") (all collectively, "Participants").

This site is limited to users over the age of 18. If you are under the age of 18, you may only use the Sites with the consent of your parent or legal guardian. By using this Site, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE (AND, IF UNDER 18 YEARS OLD {or the age of majority in the jurisdiction in which you reside], THAT YOU HAVE PARENTAL PERMISSION TO USE THE SITES) AND THAT YOU POSSESS THE LEGAL RIGHT TO USE THE SITES IN ACCORDANCE WITH THE STATED TERMS AND USAGE POLICIES. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or account(s) to ensure compliance herewith.

PERSONAL NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Sites is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content, information, software, products or services obtained from the Sites.

NO UNLAWFUL OR PROHIBITED USE

As an express condition of your use of the Site, you agree, represent and warrant that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or the network(s) connected to the Site or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

TERMINATION OF ACCESS

Company reserves the right, in its sole discretion, to terminate or limit your access to any or all of the Sites or any portion thereof at any time, without notice.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

Participants will receive a password from Company to access certain information on the Site. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Company or another party due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder and Company.

DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY

The use of the Site and the Content is at your own risk.

When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Player’s Health. Accordingly, Player’s Health assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.

The Site and the content are provided on an "as is" basis. PLAYER’S HEALTH, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Player’s Health makes no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site or Content.

In no event shall Player’s Health, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Player’s Health, or any third parties mentioned on the Site are advised of the possibility of such damages. In any event, Player’s Health, or any third parties, liability will not exceed the amount paid by you to company to access the sites in the twelve (12) months prior to the accrual of a claim by you against Player’s Health (or, if a team or player, no greater than $100.000). If you are dissatisfied with any portion of the sites, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Site. Player’s Health, or any third party, is not liable for any personal injury, including death, caused by your use or misuse of the Site or Content. Any claims arising in connection with your use of the Site or Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these TOU are exclusive and are limited to those expressly provided for in the TOU.

MATERIAL PROVIDED TO COMPANY

If you submit any materials to the Site or to the Company, you are granting Company, its affiliated companies and its designees and sub licensees permission to use such information in connection with the operation of their businesses including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the same SOLELY on your closed Network; and to publish your name in connection with your Network. No compensation will be paid with respect to submitted materials. Company is under no obligation to post or use any materials you may provide and Company may remove any materials at any time in its reasonable discretion.

INDEMNIFICATION

You agree to indemnify and hold Company, its affiliates, and their respective officers, directors, employees, agents, successors and assigns harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the Sites and/or any information (text or graphical), software, or products obtained through the Sites and/or from Company.

APPLICABLE LAW/DISPUTE RESOLUTION

The Party's expressly agree that all disputes against Company, including but not limited to disputes as to these TOU; the Sites' licenses; Sites' access restrictions and/or termination; Company's trademarks, copyrights, patents, trade secrets, trade dress and other intellectual property rights and the intellectual property rights of you and/or third parties; member accounts; privacy; and disclaimer of warranties shall be governed by the internal laws of the State of Delaware, U.S.A. without regard to choice of law principles and you and Company both expressly agree that any and all disputes that may arise out of these TOU or out of each Party’s relationship with the other shall be resolved in a court of competent jurisdiction located within Cook County, Illinois. You hereby irrevocably consent to exclusive jurisdiction (and to be personally subject to said jurisdiction) and venue in such courts.

No waiver of any of the terms of these TOU will be valid unless in writing and designated as such. No failure or delay in enforcing a Party's rights shall be construed as a waiver.

SEVERABILITY

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

COPYRIGHTS AND TRADEMARKS

All of the materials and the Content appearing on the Sites are either owned by Company or licensed or sub-licensed (including, without limitation, through these Terms of Use) to Company and are used by Company in accordance with the applicable licenses and with applicable law. You may not copy, distribute or otherwise disseminate any materials or Content (including any logos, images, or data), from the Sites unless you are the owner of said materials or content or have express written permission from the owner of said materials or content to do so.

LANGUAGE

It is the express will of the parties that this agreement and all related documents have been drawn up in English. In the event these TOU are translated into another language or otherwise reprinted, this (and future amended) English language version of the TOU shall govern as to any inconsistencies.

ENTIRE AGREEMENT

Unless otherwise specified herein or in a writing executed by both parties, these TOU constitute the entire agreement between you (the user) and Company with respect to the use of the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Sites.

ERRORS, OMISSIONS, AND CHANGES

While Company makes every effort to ensure the accuracy of materials presented, you, the user is warned that this service could include typographical errors and/or technical inaccuracies. Company reserves the right to make improvements and/or changes to these TOU and/or to the products and services described on the Sites at any time.

CUSTOMER SERVICE

If you have any questions, comments, or concerns, please contact our customer service department, Monday through Friday by Contacting Us or by telephone at 312-888-6497 or by email at support@playershealth.com.