Children’s Healthcare of Atlanta (“CHOA”) provides free access to certain materials and information, documentation, forms, questionnaires and diagrams relating to the study, prevention, and treatment of concussions via this website and its related pages, including without limitation, for your reference or download (collectively, the “Concussion Program Materials”) as described in this License agreement (“Agreement”). By accessing the Concussion Program Materials, you accept and agree to the terms and conditions of this Agreement.
1. Right to Access and Use. CHOA hereby provides you a fully-paid, nontransferable, nonexclusive, personal right and license to access, download, or otherwise use any Concussion Program Materials solely for the following purposes:
(i) if you are accessing the materials as a parent, you may use the Concussion Program Materials for your personal, non-commercial use to educate yourself and your family on concussion prevention and treatment for a child;
(ii) if you are accessing the materials as an athletics coach or on behalf of a school organization, you may use the Concussion Program Materials to promote concussion safety to your staff, students and athletes and to create appropriate concussion management procedures; and
(iii) if you are a healthcare provider, you may use the Concussion Program Materials for your personal, professional development to enhance your medical knowledge in the field of concussions. You acknowledge the Concussion Program Materials are not to be used as definitive diagnostic tools with any specific patient and your independent medical judgment will be used to treat any patient.
You must maintain all CHOA proprietary notices on the Concussion Program Materials. You may not copy, modify, adapt, reverse engineer or create derivative works of the Concussion Program Materials or remove any copyright or other proprietary rights notices therefrom. Notwithstanding the foregoing, where indicated in the Concussion Program Materials, schools and sports organizations are permitted to co-brand certain of the Concussion Program Materials with CHOA’s prior written consent. Additionally, schools, sports programs and recreational leagues may put their own logo on the Concussion Policy and modify it to meet their needs. CHOA may update, replace or remove some or all of the Concussion Program Materials from time to time, and you should check back with the website to determine if the Concussion Program Materials you downloaded are current.
2. Reservation of Rights. Except for the limited license provided to you in Section 1 of this Agreement, no express or implied license, right, or ownership interest of any kind is granted to you with respect to any of the Concussion Program Materials or any copyrights, trademarks, or other intellectual property rights therein. CHOA reserves all rights not expressly granted in this Agreement.
3. Disclaimer of Medical Advice. The Concussion Program Materials do not constitute specific medical advice and are provided as information resources only. The Concussion Program Materials do not create a patient-physician relationship and should not be used as a substitute for professional advice and treatment from a licensed doctor. In the case of a concern, a medical professional should be consulted. In the event of an emergency, you should call 911 or go to the nearest emergency department immediately. By licensing the Concussion Program Materials, CHOA is not assuming any duty to update the Concussion Program Materials, and you are responsible for reviewing and approving the Concussion Program Materials for your use.
4. No Warranties. While CHOA makes efforts to provide materials that accurately reflect the research and information CHOA is authorized to make available publicly, THE CONCUSSION PROGRAM AND ALL RELATED MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS” BASIS AND CHOA DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
5. Limitation of Liability. IN NO EVENT WILL CHOA OR ITS AFFILIATES, OR ANY OF THE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF CHOA OR ITS AFFILIATES, BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSS OF GOODWILL OR PROFIT IN ANY WAY ARISING FROM OR RELATING TO THIS AGREEMENT OR THE MATERIALS, HEREUNDER, INCLUDING THE FAILURE OF ESSENTIAL PURPOSE, EVEN IF NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF CHOA AND ITS AFFILIATES, AND THE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF CHOA AND ITS AFFILIATES, FOR ANY DAMAGES WHATSOEVER, SHALL NOT EXCEED ONE HUNDRED DOLLARS.
6. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State of Georgia of the United States of America, without regard to its rules regarding conflicts of law.
7. General. This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes any prior understanding or agreement respecting the subject matter of this Agreement. You irrevocably waive any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or Concussion Program Materials. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect.