Welcome to www.concussiocarestudio.com (the “CC Studio Website”). By accessing and using the CC Studio Website, you are agreeing to comply with and be bound by this Terms of Use Agreement (the “Agreement). Please read the following Agreement carefully. The term “CC STUDIO” or “us” or “we” or “our” refers to Concussion Care Studio Inc., the owner and operator of the CC Studio Website. The term “you” refers to the user or viewer of the CC Studio Website, including without limitation the parent or legal guardian of a minor using the CC Studio Website or Services.
By using the CC Studio Website and the services offered through it, you agree to be bound by these terms and conditions of use and all related policies, conditions, and guidelines. This Agreement is the entire and only agreement between us and you with respect to the use of the CC Studio Website, and supersedes all prior or other agreements, representations, warranties and understandings with respect to the CC Studio Website, the content, products or services provided by or through the CC Studio Website and its content. If you do not agree with any of these terms of this Agreement, you may not use the CC Studio Website. CC STUDIO reserves the right to amend, change or replace the Agreement at any time without notice and you agree that each visit you make to the CC Studio Website shall be subject to the current terms of use and conditions then in force and it is your responsibility to review the Agreement posted on the CC Studio Website for any modifications or updates. Your continued access and use of the CC Studio Website will confirm your acceptance to be bound by any such amendments or changes to the Agreement. By using the CC Studio Website you represent and warrant that you have legal capacity to be bound by the terms of this Agreement.
When you access and use the CC Studio Website or send us an e-mail, you are communicating with us electronically. You consent to receiving communications from us electronically. We will communicate with you by email or by posting a notice on the CC Studio Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
The CC Studio Website is intended for users who are legal residents of Canada who have reached the age of majority in their province/territory of residence at the time of use or for those who are under the age of majority in their province/territory of residence but have obtained their parents or legal guardian’s consent.
As a CC Studio Website user you may view, copy, print, use and distribute (collectively, "use") documents generated by the CC Studio Website provided that you comply with the provisions of this Agreement and provided that these documents are used solely in connection with your relationship with CC STUDIO.
The documents generated by the CC Studio Website are protected under the copyright laws of Canada and/or other countries. You agree to ensure that any copyright, trademark, trade names, logos and service marks ("Marks") along with any other proprietary rights, notices and disclaimers appearing on these documents are reproduced and retained on all copies in the same form and manner as on the original. You are not permitted to use the Marks in any manner whatsoever without the prior written consent of CC STUDIO.
You agree that you will not use the CC Studio Website for any improper, fraudulent, illegal or malicious purpose, including, without limitation, to impair use of the CC Studio Website by others.
You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the CC Studio Website. You also agree not to use the CC Studio Website to create, develop or otherwise generate any derivative works or any functionally compatible or competing software or hardware.
You may not upload or post any material on the CC Studio Website that is protected by copyright, trademark or other intellectual property rights unless you are the owner of those rights, or have the prior written consent of the owner(s) of those rights to use such material. You may not post any material that is derogatory, critical or defamatory of any other party. CC Studio may, without prior notice to you and in its sole discretion, remove any material from its website that violates these terms, or any material that CC Studio otherwise considers inappropriate for display on its website. If after notice of posting inappropriate or non-permitted material, you repeat such actions, CC STUDIO may terminate your access to the website without notice to you. In the event of such action, you are not entitled to a refund for any fee, or any other form of compensation.
All content including, without limitation all Marks, text, design, graphics, drawings, photographs, code and software, and all organization and presentation of such content, which forms a part of the CC Studio Website, are subject to intellectual property rights, including copyright and trademarks, held by or licensed to CC STUDIO. All such rights are expressly reserved.
Any Marks on the CC Studio Website may be trademarks or trade names or registered trademarks or trade names of CC STUDIO or its affiliates, in Canada and other countries. CC STUDIO’s Marks shall not be used in connection with any product or service that is not CC STUDIO’s or its affiliates’ in any manner. All other trademarks and trade names not owned by CC STUDIO or its affiliates that appear on the CC Studio Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CC STUDIO or its affiliates.
The CC Studio Website may contain links to third party websites. These links have been provided solely as a convenience for and do not constitute an endorsement by CC STUDIO of the content of such third party sites. Links to the CC Studio Website may also be provided from sites either known or unknown to CC STUDIO. Access to any other website linked to or from the CC Studio Website is at your own risk. CC STUDIO has not reviewed and is not responsible for the content of any third party sites linked to or from the CC Studio Website and does not make any representations or warranties regarding the content or accuracy of materials on such third party websites.
THE INFORMATION, TEXT, GRAPHICS AND IMAGES CONTAINED ON THE CC STUDIO WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY. THE PURPOSE OF THE CC STUDIO WEBSITE IS TO PROVIDE MANAGEMENT FOR CONCUSSION SYMPTOMS AND IS NOT DIAGNOSTIC. THE CC STUDIO WEBSITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDED WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR MEDICAL CONDITION OR TREATMENT. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING TREATMENT DUE TO THE CC STUDIO WEBSITE.
THE CC STUDIO WEBSITE IS PROVIDED BY CC STUDIO ON AN “AS IS" AND "AS AVAILABLE" BASIS. CC STUDIO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS AND SERVICES INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CC STUDIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CC STUDIO DOES NOT WARRANT THAT THE CC STUDIO WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE CC STUDIO OR THE CC STUDIO WEBSITE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. CC STUDIO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE CC STUDIO WEBSITE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU IN YOUR JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
THE TOTAL LIABILITY OF CC STUDIO, WHETHER UNDER THE EXPRESS OR IMPLIED TERMS OF THIS AGREEMENT, IN TORT (INCLUDING NEGLIGENCE OR OTHER DUTY OF CARE) OR AT COMMON LAW, FOR ANY LOSS OR DAMAGE INCLUDING BUT NOT LIMITED TO ANY DATA LOSS OR CORRUPTION, SUFFERED BY YOU OR THIRD PARTIES, WHETHER DIRECT, INDIRECT OR SPECIAL, OR ANY OTHER SIMILAR DAMAGE THAT MAY ARISE OR DOES ARISE FORM USE OF THE CC STUDIO WEBSITE AND SERVICES OR ANY BREACH OF THIS AGREEMENT BY CC STUDIO, SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU TO CC STUDIO FOR THE SERVICES.
You agree to indemnify, hold harmless and defend CC Studio against any and all third-party claims (including all associated legal fees and disbursements actually incurred) against CC Studio arising out of a breach by you of the obligations under this Agreement, or the use or misuse of the CC Studio Website or Services by you.
Any notice required to be given to CC STUDIO under this Agreement shall be given at the address below or at such other existing municipal address as CC STUDIO may provide to you in writing or by sending such notice by means of facsimile or e-mail:
Address: P.O. Box 4017
Edmonton, Alberta
T6E 4S8
Email: info@concussioncarestudio.com
Any such notice shall be deemed to have been received by CC STUDIO immediately upon delivery at its address set out above, five business days after mailing such notice or on the business day following the day of sending a facsimile or e-mail message. Receipt of any facsimile messages shall be confirmed by telephone by the forwarding party.
When you visit the CC Studio Website you may provide us with both personal information that you choose to disclose which is collected on an individual basis and website use information that is collected as you or others browse on the CC Studio Website which is subject to our applicable privacy policy at www.concussioncarestudio.com.
We use third parties to perform credit card processing and e-mail services on the CC Studio Website. When you purchase a product or service from us, our credit card processing vendor will facilitate the transaction. An e-mail service provider will provide our e-mail services. We will share billing and e-mail information, as necessary, with the third party to provide that service.
The security of your personal information is important to us. When you enter sensitive information, such as credit card data, we encrypt that information using secure socket layer (SSL) 256-bit encryption technology. Pages with forms that collect sensitive information on the CC Studio Website will utilize this technology and will have URL’s that start with HTTPS instead of HTTP.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet and no method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
E-mail is not recognized as a secure medium of communication. For this reason, we request that you do not send private or sensitive information to us by e-mail. If you have any questions about security on the CC Studio Website, please contact us.
You may request access to all of your personally identifiable information that we collect and maintain in our database by contacting us.
We may disclose your personal information if required to do so by law or court order, or if we believe that such action is necessary to (a) conform to the law or comply with legal process served on us or any affiliated parties; (b) protect and defend our rights and property, our website, the users of our website and/or our affiliated parties; or (c) act under circumstances to protect the safety of users of our website, ourselves or third parties.
Please remember that, when you use a link to go from the CC Studio Website to another website, the privacy provisions of this Agreement are no longer in effect with respect to any personal information that may be disclosed on such third party websites. Your activities and interaction on any other website, including websites that have a link on the CC Studio Website, is subject to that website’s own rules and policies. Please review those privacy rules and policies before proceeding.
If we make material changes to the privacy provisions of this Agreement, we will post those changes on the CC Studio Website to keep you informed of what information we collect, how we use it and under what circumstances we may disclose it.
By accessing and using the CC Studio Website, you agree that the laws of the Province of Alberta, Canada, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any kind that might arise between you and CC STUDIO or its affiliates. The parties have required that this Agreement and all documents relating thereto be drawn up in English.
Assignment. You will not assign, transfer, encumber or otherwise dispose of any or all of the rights granted to You under this Agreement without the prior written consent of CC Studio. CC Studio may assign this Agreement to a third-party.
Enurement. Subject to the limitations in this Agreement, this Agreement operates for the benefit of and is binding on the parties and their respective successors and permitted assigns.
No Waiver. No condoning, excusing or overlooking by any party of any default, breach or non‑observance by any other party at any time regarding any terms of this Agreement operates as a waiver of that party’s rights under this Agreement. No exercise of a specific right or remedy by any party precludes it from or prejudices it in exercising another right or pursuing another remedy or maintaining an action to which it may otherwise be entitled either at law or in equity.
Survival. All terms which require performance by the parties after the expiry or termination of this Agreement, including without limitation those in paragraphs 5, 6, 8, 9 and 11 will remain in force despite this Agreement’s expiry or termination for any reason.
Severability. Part or all of any section that is indefinite, invalid, illegal or otherwise voidable or unenforceable may be severed and the balance of this Agreement will continue in full force and effect.
Software & Hardware. You must provide your own computer hardware and software necessary to connect to the Services, including internet access and if applicable, a suitable mobile device, according to the optimal use standards and specifications we stipulate from time to time. The Services may experience temporary downtime as we perform routine maintenance or updates.
Language. It is the express will of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
Contact. If You have questions about these terms or wish to contact CC Studio for any reason, please contact us at: info@concussioncarestudio.com.
Last Updated: May 19, 2017.