Phoenix Concussion, LLC
Concussion Recovery Website Terms and Conditions of Use
This page contains important information you need to know before you begin using Phoenix Concussion, LLC’s website (the “Site”). BY USING THE SITE, AND/OR BY REGISTERING WITH US, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS, WHICH CREATE A LEGALLY BINDING CONTRACT BETWEEN YOU AND PHOENIX CONCUSSION, LLC.
These Terms and Conditions govern your use of our website. You must acknowledge that you have read and agree to these Terms and Conditions fully before entering the Exercise Portal to use the exercise progressions on the Site. If you do not agree to all of these Terms and Conditions of use, you may not enter the Exercise Portal.
As used in these Terms and Conditions, the terms “Phoenix” “use” and “we” refer to Phoenix Concussion, LLC, its members, managers, employees, officers, agents, affiliates, and insurers.
Purposes of Site:
We are health care professionals to ensure that patients who have suffered a concussion take the steps they need to safely return to their pre-concussion activities. We have created this Site to provide user-friendly education regarding concussive injury and guided exercises following currently established guidelines. Users who register for the Exercise Portal on this Site will have access to a guided “Return to Life & Sport” exercise progression designed to maximize the patient’s recovery progress and minimize the risk of regression. We oversee the recovery of our own concussion patients using the exercise progressions included in this Site.
The exercises on this Site are intended to be used exactly as stated in the instructions, and require the oversight of a qualified medical practitioner. To benefit from the Site, you must follow the instructions and perform the exercises exactly as depicted and explained, and follow all instructions regarding communications with your health care provider. Because every patient is different, your results may vary, and we cannot guarantee any particular rate of progress or recovery.
We do not intend for the contents of the Site, including the education materials, exercises, progressions, text, graphics, images, links and other material contained on the Site (the “Content”) to substitute for medical advice or diagnosis. Users of this Site should have a licensed medical practitioner who can answer specific questions about the individual exercises and the progression, and monitor the user’s recovery.
By using this Site, you acknowledge that you will use this Site and its Content as instructed and only in conjunction with your advice from own medical practitioner. You acknowledge that your use of this Site does not create a doctor/patient relationship, and does not provide you with a medical opinion, diagnosis, advice, or treatment.
Who May Use This Site:
Some of the Content of this Site may be viewed by anyone, but other parts of the Site accessed through the “Exercise Portal” require registration. Only persons who are currently under the care of a licensed medical provider may register to obtain access to the Exercise Portal section of the Site. The registration process contains some questions about you and your concussive injury: the month and year of your birth, your gender, the date of your concussive injury, any loss of consciousness, the activity in which you were participating, and your current physical symptoms. You have the option of providing additional information about your concussive injury, but do not need to do so.
You should confer with your own medical practitioner before beginning the Return to Life & Sport Exercise Progressions on this Site. We are not your medical providers and have no actual knowledge about your specific condition other than what you tell us when registering. Be sure to report all of your symptoms to your medical practitioner, both before starting your recovery progression, and as your practitioner recommends during your recovery progression. Discuss with your medical practitioner any questions or concerns you have about your progress and any change in your symptoms. Never delay in seeking professional medical advice, or disregard anything your medical practitioner has told you, because of something you see on the Site.
Above all, remember that your use of this Site does not substitute for, or replace, professional medical advice. If you think you may have a medical emergency, call your medical practitioner or 911 immediately.
Using the Site:
Anyone may access the education information on this Site. To access the Exercise Portal, users must register and acknowledge a waiver. Persons under the age of 18 must have a parent or guardian acknowledge the waiver before they can use the Exercise Portal Section of this Site.
Phoenix owns, or uses pursuant to valid license, all of the Content on the Site. The Content is protected by United States and foreign copyright laws. Any use of the Content not expressly permitted by these Terms and Conditions violates these Terms and Conditions and may also violate copyright, trademark, or other laws.
You may view and download a single copy of the material on Phoenix’s Concussion Recovery Website solely for your personal, noncommercial use. Any Content you download or copy from the Site must include our copyright notice located at the end of the material, for example: “©2017, Phoenix Concussion, LLC. All rights reserved.” Any special rules covering the use of any parts of this Site that are found on other pages of this Site are incorporated into these Terms and Conditions by this sentence.
You may not:
- Share or give your username or password to any other person, or share the use our exercises or any part of our Return to Life & Sport Progressions with another person.
- Change our pages in any way except for entering requested information in the appropriate places.
- Use the Site to transmit junk mail, chain letters, unsolicited mass email, spam or comment spam.
- Knowingly post false or misleading information about yourself or your progression through the exercises.
- Use the Site to create, upload, transmit or make available in any way any content that violates any third party’s legal rights, or any domestic or international law or regulation.
- Use the site to upload, transmit, or make available in any way any content that you do not have the right to transmit under any law, contract, or fiduciary agreement.
- Create, upload, transmit or make available in any way any files, computer codes, or software programs that contain software viruses, malware or any other type of harmful material that is intended to disrupt, destroy, or limit the functionality of the Site or any associated computer or network hardware or software products or services.
- Download any part of the Site or its Contents except as specifically permitted by these Terms and Conditions.
- Reverse engineer any part of the Site or its Contents.
- Interfere with, disrupt, or create an undue burden on any network services provided by PHOENIX CONCUSSION, LLC.
If we deem that you have violated any of these Terms and Conditions, we may immediately terminate your Account and your ability to access all Content associated with your Account. If we do this, you must immediately destroy any copies you have made of any portion of the Content. We also reserve the right to turn over to law enforcement personnel any content created, uploaded, transmitted, distributed or made available in any way on the website that we deem may be in violation of these terms or any applicable law.
Limitations of Our Liability:
By using our Site, you acknowledge that you use our Site and its Content solely at your own risk. You agree to our right to change or remove any part of the Content, the Account structure, or any other aspect of the Site or our services at any time without notice to users. You agree to the limitations of our liability set forth in these Terms and Conditions.
Phoenix makes only those warranties expressly stated in writing within these Terms and Conditions and no other warrenties, express or implied whatsoever.
Phoenix provides this site and all downloadable materials it contains on an “AS IS” basis. Phoenix disclaims all implied warranties of every kind, including any implied or statutory warranty of merchantability, of fitness for a particular purpose, or of non-infringement of third parties’ rights. Phoenix disclaims any warranty, express, implied or statutory, arising from course of performance, course of dealing, or usage of trade.
Phoenix makes no representations or warranties about the completeness of the content of this Site, and makes no representations or warranties that a user will achieve any particular results, even from the proper use of this site.
You acknowledge that when using our Site, information will be transmitted over the internet, a medium that is beyond the control and jurisdiction of Phoenix. Accordingly, Phoenix assumes no liability for or relating to the delay, failure, interruption, loss or corruption of any data or other information transmitted in connection with your use of the Site.
Our liability is limited to the return of user fees paid. You must bring any claim arising from your use of the Site or Content in writing delivered to PO Box 981613 Park City, UT 84098, within one (1) year of the date of the event you claim caused your damages.
The remedies expressly stated in these Terms and Conditions are your only remedies. In no circumstances will Phoenix be liable for any damages or remedies resulting from your use or misuse of the Site or Content, or from your inability to access the Site or the Content, other than as specifically stated in these Terms and Conditions. This limitation of liability excludes all remedies not specifically mentioned in this section “Limitations of Our Liability,” including direct and indirect damages, incidental, consequential and special damages, the cost of procuring alternate services, all claims based on any legal theory whatsoever, including warranty, contract, tort, personal injury, wrongful death, lost profits or damages resulting from lost data or business interruption, or any other legal theory whatsoever. The limitation of liability does not depend on whether or not Phoenix or any their parties mentioned on the Site are advised of the possibility of such damages.
You agree to indemnify and hold Phoenix harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms and Conditions, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
Types of Information We Collect:
We collect two types of information from you: (i) personally identifiable information (“PII”) that you voluntairly provide to us, through the registration process or requests for additional information; and (ii) other information collected automatically by the Site.
Personally Identifiable Information. We collect the following PII from you when you register to access the Exercise Portal: the month and year of your birth, your gender, your email address, the date of your concussive injury, any loss of consciousness, the activity you were injured during, and your current physical symptoms. We also collect PII from you when you communicate with us by phone, email, or by other means. This PII may include your name, phone number, email address, physical address and any other information you voluntarily provide to us. Your symptom scale showing your progress through the Return to Life & Sport Progressions is linked to your email.
When you create your Account, you will utilize your email as your username and will select a password. Do not give your password or username to anyone. Anyone with your username and password has full access to your Account, and will have the ability to access, and even change any saved information about you, making your Account less useful or even harmful to you. Such a person could also change your username and password and you will instantly lose access to your account.
Aggregated Information. The Site does not collect any PII through its automated collection processes. We may, however, collect data such as the source address that a page request is coming from, your IP address or domain name, the date and time of a page request, and other parameters in the URL. We may collect and report aggregated data such as age, gender, sport activities, type of injury, overall rates of progression through the exercises and other demographic or geographic information. We may collect and report any such information, but only on an aggregated basis, without any user’s PII. We may use such aggregated data for research and measurement purposes, to determine the effectiveness of the Content, to help us maintain and operate the Site and improve its Content, and for other business and administrative purposes. We may share the aggregated data with third parties, but will not share any PII of any user.
How We Can Use Your PII:
We use your PII to administer your Account with Phoenix. This includes providing you with our Content including progressions appropriate for your symptom scale as reported by you, as well as responding to your inquiries and providing you with information pertinent to your concussion recovery.
We may use your email address to contact you about the use of the Site or to inform you of changes in the Site.
We may transfer PII as an asset in connection with a merger or sale of our business assets or ownership (including any transfers made as part of an insolvency or bankruptcy proceeding.)
We may disclose portions of your PII in special cases (i) to comply with legal requirements; (ii) where we have reason to believe that disclosing this information is necessary to protect our property or rights; (iii) where we have reason to believe that disclosing this information is necessary to protect your safety or the safety of others; (iv) where we have reason to believe that disclosing this information is necessary to prevent or investigate fraud or respond to a legally issued subpoena or other legal request.
We will not sell your email address or other PII, nor will we disclose your PII in any other way, unless we are required to do so by law, or unless we first send you written notice describing the use or disclosure and give you an opportunity to opt-out of the use or disclosure of your PII.
We use reasonable security measures to secure the confidentiality of your PII. We encrypt the transmission of your PII or use SSL connections (Secure Socket Layer) technology. You acknowledge, however, that information transmitted over the internet always involves some risk of interception, and that any security system can be hacked, and by using the Site, you agree to accept this risk.
Updating Your PII:
You can review and update your personal information by logging in and going to the account information page, or by contacting us at firstname.lastname@example.org. To have us delete your personal information, please contact us at email@example.com. We will delete your personal information from our current database when you terminate your account and on request.
By using our Site, you agree that we can place cookies on your device and use other tracking mechanisms. You may set most browsers to notify you if you receive a cookie, or to block cookies. Most browsers also allow you to remove cookies from your computer or other device, and you can delete data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the Website of its manufacturer. Please note that unless you have set your browser to block cookies, our system will issue a cookie when you use our Site, even if you have previously deleted our cookies.
We recommend that you do not block or reject our cookies, as some of the essential features of our Site require cookies. If you have deleted our cookies, you will need to re-enter your user ID and password to gain access to certain parts of the Site. Please note that if your system is idle for a defined time, the cookie will expire, forcing you to sign in again to continue your session. This prevents unauthorized access to your information while you are away from your computer.