Terms of Use
StayAheadOfTheGame.com (the "Site") is operated by Stay Ahead of the Game, Inc., a Florida corporation ("Stay Ahead"). These Terms of Use (this "Agreement") state the terms and conditions under which you may access or browse the Site and govern your use of the Site. By using the Site, you agree to be bound by this Agreement, whether you are simply accessing or browsing the Site or you are using services offered on or through the Site. If you object to anything in this Agreement, you should leave and discontinue use of the Site immediately.
The Site and the contents of the Site including the neurocognitive test made available through the Site by third party vendor ImPACT (the "ImPACT Test"), the results generated by the ImPACT Test, information which appears on the Site such as articles for scholarly publications, available consultants, and other material contained on the Site are provided to you for informational purposes only. You should seek professional medical advice, diagnosis, and/or treatment for any and all medical conditions you think you may have, whether as a result of taking the ImPACT Test or otherwise. In the event you believe you have suffered a concussion or some other medical condition you should immediately seek the advice of a medical doctor or another qualified health provider. 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 Site and/or the ImPACT Test and call 911 or seek the attention of a doctor or other qualified medical personnel immediately.
ELIGIBILITY. You must be at least thirteen (13) years of age to use the Site. By using the Site, you represent and warrant that: (a) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) you are 13 years of age or older; and (c) your use of the Site does not violate any applicable law or regulation.
LINKS TO THIRD PARTY SITES. Stay Ahead may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Stay Ahead has no control over such sites and resources, you acknowledge and agree that Stay Ahead is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, information advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Stay Ahead shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. We do not control the privacy policies or practices of these Websites. You should review those policies before providing any personal information. Stay Ahead is not responsible for the content or practices of any linked Websites and provides these links solely for navigation convenience to visitors.
DISCLAIMERS OF WARRANTIES; LIMITED LIABILITY OF STAY AHEAD. The Site, the ImPACT Test and the results received as a result of the use of the ImPACT Test are provided to you on an "as is," "where is" basis.
STAY AHEAD MAKES NO WARRANTY AS TO THE SITE, THE OPERATION OF THE SITE, OR TO ANY SERVICES PROVIDED BY IMPACT THROUGH THE IMPACT SITE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, SATISFACTORY QUALITY, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. IN NO EVENT WHATSOEVER WILL STAY AHEAD OR ANY OF ITS SUBCONTRACTORS OR LICENSORS BE LIABLE TO LICENSEE OR ANY THIRD PARTY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, THE IMPACT TEST OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO, THE LOSS OF USE OF THE SITE, THE IMPACT TEST, 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 STAY AHEAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY STAY AHEAD ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
STAY AHEAD AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS AND AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY RELATED TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE SITE, THE IMPACT TEST, ARTICLES PROVIDED TO YOU THROUGH THE SITE, LINKS THAT MAY APPEAR ON THE SITE AND OTHER MATERIALS THAT MAY BE MADE AVAILABLE TO YOU FROM TIME-TO-TIME ON THE SITE.
INTELLECTUAL PROPERTY. Stay Ahead owns and retains all proprietary rights in the Site. Except as otherwise expressly noted, all information, images, illustrations, designs, graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the Site as well as the selection, arrangement and organization of the foregoing and the Website as a whole (collectively, "Content") are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to Stay Ahead or its suppliers.
"Stay Ahead of the Game", and other Website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Stay Ahead in the U.S. and/or other countries. Stay Ahead’s trademarks and trade dress may not be used in connection with any product or service that is not Stay Ahead's, in any manner that is likely to cause confusion among customers or clients, or in any manner that disparages or discredits Stay Ahead. All other trademarks not owned by Stay Ahead that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Stay Ahead. References on the Site to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by Stay Ahead.
CONSENT TO JURISDICTION, FORUM SELECTION AND CHOICE OF LAW. By using the Website you expressly agree that if there is any dispute arising out of the Website and/or the Products or Service, or in the event of any judicial action arising directly, indirectly, or otherwise in connection with, out of, related to or from this Agreement or any transaction covered hereby or otherwise arising in connection with the relationship between the parties, regardless of whether such action is brought under contract, tort, statute or otherwise, any such dispute shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Florida, in Sarasota County, for the resolution of any such dispute. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Sarasota, State of Florida shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.
SEVERABILITY. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
CAPTIONS. The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph, or provision.
Please contact us with any questions regarding the Terms of Use.
