TERMS OF USE FOR AXONSPORTS.COM AND THE AXON SPORTS COMPUTERIZED COGNITIVE ASSESSMENT TOOL

Transcription

1 TERMS OF USE FOR AXONSPORTS.COM AND THE AXON SPORTS COMPUTERIZED COGNITIVE ASSESSMENT TOOL 1. This agreement governs all use of the Axon Sports website and the Axon Sports Computerized Cognitive Assessment Tool. This agreement (the Agreement ) is a legal agreement between you and Axon Sports LLC and the terms and conditions contained herein (the Terms ) apply to any and all use of the Axon Sports website (the Axon Sport Site or axonsports.com ) and the Axon Sports Computerized Cognitive Assessment Tool ( CCAT ). The Terms apply regardless as to whether the user or potential user ( User or Users ) is an individual, institution, or authorized reseller. Individuals ( Individual Users ) may include adults, individuals between the ages of 13 and 18 years of age ( Teen or Teens ), or individuals under the age of 13 ( Minor Child or Minor Children ), or the parents or guardians of Minor Children or Teens ( Parent or Parents ). Institutions ( Institutional Users ) may include organizations or individuals who use the website, purchase CCAT credits or vouchers for distribution to Individual Users, or view CCAT results in a clinical setting, such as schools, sporting organizations, medical providers or research institutions (these type of users are collectively referred to herein as Institutional Users ). Users may also be organizations or individuals authorized by Axon Sports to resell the CCAT to Individual or Institutional Users ( Authorized Resellers ). By accepting these Terms of Use, including the Privacy Policy, the User (or, in the case of a Teen or Minor Child User, their Parent) agrees to be bound by these Terms. Each User s participation in any activity or use of any information or product contained within the Axon Sports Site (including but not limited to, the CCAT) or otherwise provided to you by Axon Sports is entirely voluntary. If you do not wish to be bound by these Terms, do not use the Axon Sports Site or any of the products or services accessible via the Axon Sports Site. For purposes of this Agreement, the word you or your shall be interpreted to include Minor Children or Teens where the Parent is accepting the Terms on behalf of such Teen or Minor Child. 2. The Axon Sports Site and the CCAT are not medical devices, and neither the Axon Sports Site nor the CCAT is designed or intended to provide medical advice or a medical diagnosis. The Axon Sports Site and any and all information and content assessable from the Axon Sports Site, including but not limited to, the CCAT and articles for scholarly publications, as well as any and all information derivable from information and content assessable from the Axon Sports Site, including but not limited to, the results generated by the CCAT, are provided for informational purposes only. Neither the Axon Sports Site nor the CCAT are designed or intended to provide medical advice or a medical diagnosis. The CCAT is designed only to provide a simple measure of cognitive function and to assist medical providers in measuring and assessing changes in cognitive function over time. Cognitive function can change for many reasons, including lack of sleep, impairment due to substance abuse, distraction, and many other reasons that have nothing to do with injury or disease. The CCAT provides no guidance as to the cause of any change in cognitive function and cannot be used to diagnose an injury or any other medical condition. Traumatic brain injury and concussion are potentially very serious medical conditions and individuals, Parents, coaches and athletic trainers should always take a very conservative approach to treatment. If it is suspected that a person may have sustained such an injury, they should immediately seek the care of a medical doctor or other qualified medical professional. No lay person, no Parent, coach or any other individual should ever make a decision as to whether an individual has sustained a traumatic brain injury or concussion, nor should they decide whether an individual who has sustained such an injury is ready to return to play or to return to the classroom. The CCAT is designed solely to provide a doctor or other qualified medical professional with additional information that may prove helpful in making a determination as to whether an injury has occurred or assist that qualified medical professional in determining when an individual may safely be cleared to play or to return to the classroom. Results of a CCAT should only be considered and interpreted along with physical symptoms and other relevant medical information by qualified medical professionals and should never be used on a stand-alone basis to determine whether an injury has occurred or whether an individual may safely be cleared to play. 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 Axon Sports Site and/or the CCAT and seek the attention of a doctor or other qualified medical professional. 3. Disclaimer of Warranties; Limited Liability of Axon Sports The Axon Sports Site requires transmission of your personal data as a process of purchasing or registering for a CCAT and through responses to the CCAT via media connections beyond the control and supervision of Axon Sports. Axon Sports therefore disclaims any and all liability for or relating to the delay, failure, interruption, corruption or loss of any data transmitted in connection with use of the Axon Sports Site and/or the CCAT. The Axon Sports Site, the CCAT and the results received as a result of the use of both the Axon Sports Site and the CCAT are provided to you on an as is, where is basis. 1

2 AXON SPORTS DISCLAIMS ANY AND ALL WARRANTIES AS TO THE AXON SPORTS SITE, THE CCAT, THE OPERATION OF THE CCAT SITE, OR TO ANY SERVICES PROVIDED THROUGH THE AXON SPORTS SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, SATISFACTORY QUALITY, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. IN NO EVENT WILL AXON SPORTS OR ANY SUBCONTRACTOR, LICENSOR OR AFFILIATE OF AXON SPORTS BE LIABLE TO LICENSEE OR ANY THIRD PARTY (REGARDLESS AS TO WHETHER CLAIMS ARE BASED IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY) FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE AXON SPORTS SITE, THE CCAT OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO, THE LOSS OF USE OF THE AXON SPORTS SITE, THE CCAT, 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 AXON SPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. AXON SPORTS AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS AND AFFILIATES EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY RELATED TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE AXON SPORTS SITE, THE CCAT, ARTICLES OR ADVICE PROVIDED TO YOU THROUGH THE AXON SPORTS SITE, LINKS THAT MAY APPEAR ON THE AXON SPORTS SITE OR ANY OTHER MATERIAL THAT MAY BE MADE AVAILABLE TO YOU FROM TIME-TO-TIME ON THE AXON SPORTS SITE. 4. Minors are only permitted to use the Axon Sports Site and the CCAT with the express consent and permission of a Parent. Axon Sports believes that Parents should make the important decisions regarding when and how their Minor Children or Teens use the Axon Sports Site and the CCAT. Parents may create an account ( Parent Account ) to purchase and distribute test credits or vouchers to their Teen or Minor Child ( Parent Account ). When Parents create a Parent account, they consent to these Terms, including the Privacy Policy, and grant consent to Axon Sports to collect Personally Identifiable Information and Other Personal Information (see Privacy Policy for definitions of these terms) from their Teen or Minor Child as part of the registration and testing process. The Parent who creates such an account will have the option to create Teen or Minor Child profiles within their Parent account thereby automatically linking them to the profiles and test results of the Teen or Minor Child. Additionally, the Parent will be able to view and change that Teen or Minor Child s profile preferences and information, including CCAT test results, and will have sole control over those profiles until the Parent chooses to transfer control of their Minor Child s or Teen s profile to a separate Athlete account established by the Parent for the Minor Child or Teen, after which time the Minor Child or Teen will control account preferences and information, including CCAT test results. If a Minor Child or Teen registers to use the Axon Sports Site or to take the CCAT directly, or via the acceptance of a voucher or test credit provided by an Institutional User, the registration process requires the Teen or Minor Child to supply the name, address, phone number and address of a Parent, and allows a Parent to supply a digital signature consenting to the registration of their Teen or Minor Child. If the Parent has not supplied their consent at the time of registration, Axon Sports will send an to the Parent, informing the Parent that the Teen or Minor Child has registered for the Axon Sports Site and asking the Parent to review the Terms, including the Privacy Policy, and to accept or decline to register the Teen or Minor Child and to agree to be bound by the Terms ( Parental Consent ). If the Parent of a Teen or Minor Child does not have an address, the Institutional User distributing the test credit or voucher to the Teen or Minor Child must certify that written consent of the Parent has been obtained on the Axon Sports Written Parental Consent Form ( that the Parent has consented to the Teen or Minor Child s registration by calling in their consent to the Axon Sports Customer Service toll-free number ( ), or that they have obtained a general consent from the Parent broad enough for them to accept the Terms on behalf of the Teen or Minor Child. Institutions that purchase test credits or vouchers for distribution to Teens or Minor Children are required to notify the Parents of such minor children in writing that: 1) they have distributed a test credit or voucher to the Teen or Minor Child, or have registered a Teen or Minor Child the site or the CCAT ( 2) Parental consent to these Terms, including the Privacy Policy, is required; and 3) Children s Online Privacy Protection Act ( COPPA ) requirements may prevent the permanent registration of a Minor Child if Parental Consent is not obtained. Institutional Users hereby certify that they have either directed the Teen or Minor Child to provide the name and address of their Parent as part of the registration process or have obtained appropriate written consent from the Parent of each such Teen or Minor Child as described herein. Failure to provide written notice to Parents or to obtain the required Parental consent or contact information shall constitute a violation of this Agreement by Institutional Users. Individual Users should ensure that the test environment is quiet and free from distractions (i.e., no cell phones, open programs for web browsing, , music or messaging) and focus on responding as accurately and quickly as possible. In the case of Teens or Minor Children, Parents or Institutional Users should directly supervise Teens or Minor Children taking the test to ensure that the test environment is quiet and free from distractions (i.e., no cell phones, open programs for web browsing, , music or messaging) and make sure that the Teen or Minor Child understands the need to focus and respond as accurately and quickly as possible. Any of these kinds of distractions can undermine the validity and quality of the CCAT. If an Individual User, Parent or Institutional User believes that a CCAT was taken under compromised conditions or that the results do not reflect the Individual User s best effort, the test should be repeated under appropriate conditions. Institutional Users acknowledge and agree that it is their responsibility to obtain parental consent for all Teens or Minor Children for whom they are making the tests available and that the deletion of a Minor Child s information due to an inability to secure Parental consent as required by COPPA or otherwise shall not entitle the Institutional User to a refund of the purchase price of the deleted Individual User profile or account. The Parent, or an Institutional User authorized by the Parent, is solely responsible for providing supervision of any Teen or Minor Child s use of the Axon Sports Site and/or the CCAT. A Parent, or Institutional User authorized by the Parent, who registers a Teen or Minor Child shall assume full responsibility for ensuring that the registration information is kept secure and that the information submitted is accurate and complete. The Teen or Minor Child s Parent, or an Institutional User authorized by the Parent, also assumes full responsibility 2

3 for securing, from a qualified medical professional, the appropriate interpretation and use of any information or suggestions provided through the Axon Sports Site and/or the CCAT test results. The CCAT is designed to be used only by persons age five (5) or over. 5. Children s Privacy and use of the Axon Sports Site and the CCAT by minors. Axon Sports is committed to protecting the privacy of children. Axon Sports does not knowingly collect and retain any Personally Identifiable Information from minors younger than thirteen (13) years of age, except with the express consent of a Parent or the express consent of a school which has obtained the appropriate consent of a Parent. If the Parent or authorized school declines to give their consent and the Minor Child is under the age of thirteen (13) years of age, COPPA may require Axon Sports to delete the Personally Identifiable Information (as defined in the Privacy Policy) collected from that Minor Child, including the CCAT test results. It is the responsibility of a school to determine whether their Fair Use or other general permission form is broad enough to permit the distribution of the CCAT and the acceptance of these Terms on behalf of the Minor Child and their Parent, including the collection of Personally Identifiable Information and Other Personal Information, and to ensure that all Parents of a Minor Child have in fact signed such consent forms. In order to comply with COPPA requirements, Providers or Institutional Users other than schools that distribute the CCAT to Minor Children under the age of 13 cannot rely on general consent to treatment or other general consent forms and must either ensure that the Minor Child supplies the Parent s valid address as part of the registration process (so that the Parent can be contacted to secure their consent), or that they have either: 1) obtained the Parent s signature on the Axon Sports Written Parental Consent Form; or 2) ensured that the Parent has granted consent by calling the Axon Sports customer service hotline ( ). If no such written or verbal consent is provided by the Parent, or the Parent fails to respond to the Parental Consent , COPPA may require Axon Sports to delete the Personally Identifiable Information associated with any Minor Child under the age of 13 whose Parent has not given their consent to these Terms. Institutional Users are responsible for adhering to the Privacy Policy and safeguarding Personally Identifiable Information (as defined in the Privacy Policy) and Other Personal Information (as defined in the Privacy Policy) collected from Minor Children, and such Institutional Users hereby agree to indemnify and hold harmless Axon Sports from and against any claim by an Individual User, Parent or governmental or law enforcement agency which arises from a failure of the Institutional User to adequately safeguard the integrity of any User s data or to adhere to the terms of the Privacy Policy or these Terms. 6. Use of the Axon Sports Site and the CCAT by Individuals Each Individual User is hereby granted a non-exclusive, non-transferrable license to use the Axon Sports Site strictly and exclusively as permitted by the Terms. Each Individual User who has purchased a CCAT test credit or voucher or has registered for the CCAT using a test credit or voucher supplied by a Parent or Institutional User, is hereby granted a non-exclusive, non-transferrable license to take the CCAT, strictly and exclusively as permitted by the Terms and strictly and exclusively for purposes of establishing a Baseline cognitive assessment or for measuring cognitive function after an injury has occurred. The CCAT may be used solely for the Individual User s personal, noncommercial use and cannot be resold. By registering for the Axon Sports Site or to use the CCAT, each Individual User agrees to abide by the Terms and to defend, indemnify, and hold harmless Axon Sports, its officers, directors, shareholders, agents, licensors, suppliers, successors and assigns and affiliates from and against any and all claims, actions, demands, liabilities and settlements, including without limitation, reasonable attorney s and accounting fees resulting from, or alleged to result from, any violation of the Terms, regardless of whether such violation or alleged violation is intentional, negligent or inadvertent. 7. Use of the Axon Sports Site and the CCAT by Parents or Institutional Users Parents and Institutional Users may register to use the Axon Sports Site and purchase multiple CCAT test credits for their own use as an Individual User or for distribution to other Individual Users, including Teens or Minor Children, and are hereby granted a nonexclusive, non-transferable (except as otherwise permitted by the Terms) license to use and distribute the CCAT test credits, strictly and exclusively as permitted by the Terms and strictly and exclusively for the purposes of establishing Baseline cognitive assessments or for measuring cognitive function after an injury has occurred. By registering for the Axon Sports Site or to use the CCAT, Parents or Institutional Users agree to abide by the Terms and to defend, indemnify, and hold harmless Axon Sports, its officers, directors, shareholders, agents, licensors, suppliers, successors and assigns and affiliates from and against any and all claims, actions, demands, liabilities and settlements, including without limitation, reasonable attorney s and accounting fees, resulting from, or alleged to result from, any violation or alleged violation of the Terms, regardless of whether such violation or alleged violation is intentional, negligent or inadvertent. 8. Use of the Axon Sports Site and the CCAT by Authorized Resellers. No individual or entity may resell the CCAT without entering into a separate written agreement with Axon Sports granting said individual or entity rights to resell the CCAT (an Authorized Reseller s Agreement ). If an individual or entity enters into an Authorized Reseller s Agreement with Axon Sports to resell the CCATs, thereby becoming an Authorized Reseller, said individual or entity is granted a non-exclusive, non-transferable (except as otherwise permitted by the Terms or the Authorized Reseller s Agreement) license to use and distribute the CCAT, strictly and exclusively as permitted by the Terms and the Authorized Reseller s Agreement and strictly and exclusively for the purposes of establishing Baseline cognitive assessments or for measuring cognitive function after an injury has occurred. Authorized Resellers may register to use the Axon Sports Site and purchase multiple CCATs for their own use as an Individual User or for sale and distribution of the CCAT to Individual Users, Parents or Institutional Users By registering for the Axon Sports Site or the CCAT, Authorized Resellers agree to abide by the Terms and agree to defend, indemnify, 3

4 and hold harmless Axon Sports, its officers, directors, shareholders, agents, licensors, suppliers, and successors and assigns and affiliates from and against any claims, actions, demands, liabilities and settlements, including without limitation, reasonable attorney s and accounting fees, resulting from, or alleged to result from, any violation or alleged violation of these Terms, regardless of whether such violation or alleged violation is intentional, negligent or inadvertent. 9. Ownership of Intellectual Property The Axon Sports Site, the CCAT and many or all of the other materials provided to you on the Axon Sports Site are protected by the laws of the United States and foreign countries regarding intellectual property, including but not limited to laws regarding patents, copyrights, trademarks or service marks. All right, title and interest in and to any and all intellectual property contained in the Axon Sports Site and the CCAT shall remain the sole and exclusive property of Axon Sports or its affiliates. Any use of the Axon Sports Site, the CCAT and/or the materials made available to Users on the Axon Sports Site that is not expressly permitted by the Terms is a breach of the Terms and may violate said laws. Axon Sports reserves the right to alter, change or modify without notice the Axon Sports Site and/or the CCAT. All right, title and interest in and to any and all data collected by Axon Sports during site registration, taking the CCAT, or any other activities facilitated by the Axon Sports Site are exclusively owned by Axon Sports. To the extent that the site User retains any right, title and interest in any data collected by Axon Sports, the User hereby grants and assigns to Axon Sports an exclusive, worldwide, perpetual, irrevocable and fully-paid up license to such data for any commercial or non-commercial purpose. In the event any User violates any of these Terms, that User s license to use the Axon Sports Site and the CCAT shall automatically and immediately terminate and that User will be required to immediately destroy any copies they have made of any portion of the CCAT. 10. Privacy and Submission of Personal Information Registering for the Axon Sports Site, purchasing CCAT test credits or vouchers, or registering for and taking the CCAT will require Individual Users, Parents, Institutional Users and Authorized Resellers to submit personal information to Axon Sports. The submission of such personal information by any User and Axon Sports use and retention of such personal information is governed by the terms of Axon Sports Privacy Policy ( In the event of an inconsistency between this Agreement and the Axon Sports Privacy Policy, these Terms shall control. 11. Issuance and Use of the Axon Sports Password Individual Users Upon becoming a member of the Axon Sports Site or registering for the CCAT, all Users, except for those Individual Users who create a profile within a Parent or Research account, will choose and register with Axon Sports a unique password which will enable them to access certain portions of the Axon Sports Site or take the CCAT. This password will also allow Users to provide and store certain information on the Axon Sports Site. Once a password has been created for the Axon Sports Site or the CCAT, Users shall be solely responsible for taking all reasonable steps to ensure that no unauthorized person shall gain access to their password. Users shall be solely responsible for the safekeeping of their password, authorizing use of such password, contacting Axon Sports immediately upon learning of a misappropriation of such password and/or requesting to deactivate a password. Users grant Axon Sports and all other persons or entities involved in the operation of the Axon Sports Site the right to transmit, monitor, retrieve, store, and use this information in connection with the operation of the Axon Sports Site. 12. Issuance and Use of the Axon Sports Password Individual Users Institutional Users must create their own accounts on axonsports.com and create a unique password which will enable them to access certain portions of the Axon Sports Site. Such accounts may require submission of certain information of Individual Users who have used test credits or vouchers which have been purchased and distributed by that Institutional User or that of Individual Users who have chosen to link their accounts to that Institutional User. Such information may include name, gender, dominant hand, year of birth and CCAT test results. Passwords will also allow Institutional Users to provide and store the Institutional User s own information on the Axon Sports Site. Once a password has been created for the Axon Sports Site, Institutional Users shall be solely responsible for taking all reasonable steps to ensure that no unauthorized person shall gain access to their password. Institutional Users shall be solely responsible for the safekeeping of their password, and shall contact Axon Sports immediately upon learning of a misappropriation of a password. Institutional Users grant Axon Sports and all other persons or entities involved in the operation of the Axon Sports Site the right to transmit, monitor, retrieve, store, and use this information in connection with the operation of the Axon Sports Site. Individual Users who register and take CCATs using Easy Link test credits or vouchers provided by an institution (or their Parents, in the case of Teens or Minor Children) acknowledge that Institutional Users who have distributed the CCAT to an Individual User will have access to some of that Individual User s data, and that Axon Sports cannot be held responsible for any failure on the part of such Institutional User to properly safeguard its password. 13. Issuance and Use of the Axon Sports Password Parents Parents who create Parent Accounts and purchase and distribute test credits or vouchers to their Teens or Minor Children or who are linked to accounts created by such Teens or Minor Children, must create their own accounts on axonsports.com and create a unique password which will enable them to access certain portions of the Axon Sports Site, including certain account information (name, year of birth gender, dominant hand and CCAT test results) of their Teens or Minor Children. This password will also allow Parents to provide and store certain information on the Axon Sports Site. Once a password has been created for the Axon Sports Site or the CCAT, Parents shall be solely responsible for taking all reasonable steps to ensure that no unauthorized person shall gain access to their password. Parents shall be solely responsible for the safekeeping of their password, and shall contact Axon Sports immediately upon learning of a misappropriation of a password. Parents grant Axon Sports and all other persons or entities involved in the operation of the Axon Sports Site the right to transmit, monitor, retrieve, store, and use this information in connection with the operation of the Axon Sports Site. Teens or Minor Children who register and take CCATs using Parent Account test credits or vouchers provided by their Parents acknowledge that Parents who have distributed the CCAT to their Teen or Minor Child will have access to 4

5 their Teen or Minor Child s data, and that Axon Sports cannot be held responsible for any failure on the part of such Parent to properly safeguard their password. 14. Credit Card Data In purchasing CCAT test credits, Users may be required to provide a valid credit card number, expiration date, and CVV code at the time they purchase the CCAT test credits or any other product or service offered by Axon Sports. Users agree to pay any and all charges resulting from any purchase of the CCAT test credits or any other product or service offered by Axon Sports and by providing credit card information. Users represent and warrant that they are the authorized user of any credit card for which they provide information. Any charges that Users agree to pay are exclusive of any and all applicable sales and other taxes that may be imposed by any state or local authority. Users agree that Axon Sports may submit information regarding their credit card and related Personally Identifiable Information (as defined in the Privacy Policy) to Axon Sports service provider(s) solely to facilitate payment for purchase of the CCAT test credits or any other products or services offered by Axon Sports. Axon Sports reserves the right to modify the pricing of the CCAT test credits or any other product or service offered by Axon Sports from time-to-time, with or without notice. 15. Links to Other Sites and Advertisements Axon Sports may provide links to third-party web sites on the Axon Sports Site. Axon Sports is not responsible for the content of any such third-party sites or for advertisements displayed on the Axon Sports Site and does not make any representations regarding their content, accuracy or non-infringement. Users agree that any use of third-party links is at their own risk and subject to the terms and conditions of use for such sites. 16. Indemnification All Users expressly acknowledge and agree that the results of an After Injury CCAT are intended to be evaluated solely by qualified medical professionals as a tool for assessing cognitive performance relative to a pre-established Baseline. Results of an After Injury CCAT cannot be used to determine whether a person has suffered an injury or whether an injured individual is ready to return to play or the classroom and any such interpretive use by Individual Users, Parents or Institutional Users (other than qualified medical professionals) is an express violation of these Terms. Use of the Axon Sports Site and the CCAT are governed by these Terms and all Users expressly agree to defend, indemnify, and hold harmless Axon Sports, its officers, directors, shareholders, agents, licensors, suppliers, successors and assigns and affiliates from and against any claims, actions, demands, liabilities and settlements, including without limitation, reasonable attorney s and accounting fees, resulting from, or alleged to result from any violation or alleged violation of these Terms, regardless of whether such violation or alleged violation is intentional, negligent or inadvertent. 17. General These Terms and the rights, obligations, liabilities, and responsibilities of the parties hereto, shall be governed and interpreted in accordance with the laws of the Commonwealth of Delaware, without reference to its conflicts of laws principles of that or any other jurisdiction. The invalidity of any provision of these Terms by any court having competent jurisdiction shall not affect the validity of the remaining provisions of these Terms which shall remain in full force and effect. Except for notices sent to Users of changes to these Terms, including the Privacy Policy, which may be sent via , all notices required to be sent hereunder will be in writing and will be deemed to have been given when mailed by first class mail, postage prepaid, certified or registered, return receipt requested, or by nationally recognized overnight courier, to the parties at the addresses first set forth below, or at such other address as the applicable party may designate in writing: Axon Sports, LLC 2100 Stewart Ave Ste 201 Wausau WI Tel: Fax: customerservice@axonsports.com The waiver by either party of any default or breach of these Terms will not constitute a waiver of any other or subsequent default or breach. No act, delay or omission on the part of either party will be deemed a waiver unless expressly made in writing. These Terms constitute the complete agreement between the parties and supersede all prior or contemporaneous agreements or representations, written or oral, concerning the use of the Axon Sports Site and the CCAT. This Agreement may be modified or amended from time to time, provided that Axon Sports notifies Users of such modification, at which time each User shall either accept such modifications or de-activate their account. 5