Terms of Use

Terms of Use for axonsports.com and the Cogstate CCAT

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TERMS OF USE FOR CONCUSSION-CA.COGSTATE.COM AND THE Cogstate COMPUTERIZED COGNITIVE ASSESSMENT TOOL – CANADA

1. These Terms of Use are intended to govern all users of the Cogstate Web Site accessible at concussion-ca.cogstate.com and the Cogstate Computerized Cognitive Assessment Tool ("CCAT").

This Agreement is intended to set forth the contractual terms and conditions under which all users and potential users ("User" or "Users") are permitted to use the website accessible through concussion-ca.cogstate.com (the "Axon Site") and the Cogstate Computerized Cognitive Assessment Tool (the "CCAT") accessible through the Axon Site, including Individual Users (as this term is defined in the Cogstate Privacy Policy, which is accessible online at http://concussion-ca.cogstate.com/index.cfm?pID=21&pageTitle=Privacy-Policy; hereinafter referred to as the "Policy") and Institutional Users (as this term is defined in the Policy). In the case of teens between the ages of 13 and 18 (hereinafter "Teen" or "Teens") and children under 13 years of age (hereinafter "Child" or "Children"), these Individual Users are required to obtain the consent of their parent or guardian (hereinafter "Parent" or "Parents") in order to use the Axon Site.

By accepting these Terms of Use, which includes the Policy, through your use of the Axon Site, the User (or, in the case of a Teen or Child, their Parent) enters into an agreement with Cogstate, LLC (“Cogstate”) and agrees to be bound by the terms and conditions of this Agreement (also referred to herein as the "Terms of Use"). Each User’s participation in any suggested activity, use of any information or product contained within the Axon Site (including the CCAT) or otherwise provided to you by Cogstate is entirely voluntary. If you do not wish to be bound by these Terms of Use, do not use this website or the products and/or services sold on or through the Cogstate Web Site. For purposes of this Agreement, the word “you” or “your” shall be interpreted to include Children or Teens where the Parent is accepting the Terms of Use on behalf of such Teen or Minor Child.

 

2. The Axon Site and the CCAT are not medical devices, and neither the Axon Site nor the CCAT are designed or intended to provide medical advice or a medical diagnosis.

The Axon Site and the contents of the Axon Site, including the CCAT available through the Axon Site, the results generated by the CCAT, information which appears on the Axon Site such as articles for scholarly publications, and other material contained on the Axon Site are provided for informational purposes only.

User hereby agrees and acknowledges that neither the Axon 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 but not limited to 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 all individuals, including but not limited to Users, 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 licensed medical doctor or other qualified medical professional.

No lay person such as a Parent, coach, athlete, or any User 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 (as the case may be). The CCAT is designed solely to provide a licensed medical 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 licensed medical doctor or qualified medical professional in determining when an individual may safely be cleared to play or to return to the classroom (as the case may be). Results of a CCAT should only be considered and interpreted along with physical symptoms and other relevant medical information by a licensed medical doctor or a qualified medical professional 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 Site and/or the CCAT (as the case may be) and immediately seek the attention of a licensed medical doctor or other qualified medical professional.

3. Disclaimer of Warranties; Limited Liability of Cogstate

The Axon 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 Cogstate. 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 Site and/or the CCAT.
The Axon Site, the CCAT and the results received as a result of the use of the Axon Site and/or the CCAT are provided to you on an "as is," "where is" basis.
Cogstate DISCLAIMS ANY AND ALL WARRANTIES AS TO THE AXON SITE, THE CCAT, THE OPERATION OF THE CCAT, OR TO ANY SERVICES OR PRODUCTS PROVIDED ON OR THROUGH THE AXON 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 Cogstate OR ANY Cogstate SUBCONTRACTOR OR LICENSOR BE LIABLE TO LICENSEE OR ANY THIRD PARTY OR USER (WHETHER 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 SITE, THE CCAT OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO, THE LOSS OF USE OF THE AXON 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 Cogstate HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cogstate 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 SITE, THE CCAT, ARTICLES OR ADVICE PROVIDED TO YOU ON OR THROUGH THE AXON SITE, LINKS THAT MAY APPEAR ON THE AXON SITE AND OTHER MATERIALS THAT MAY BE MADE AVAILABLE TO YOU FROM TIME-TO-TIME ON OR THROUGH THE AXON SITE.

 

4. Children and Teens are only permitted to use the Cogstate Site and/or the CCAT with the express consent and permission of a Parent.

Axon Sports believes that Parents should make the important decision regarding when and how their Children or Teens use the Axon Site and the CCAT. Parents may create an account ("Parent Account") to purchase and distribute test credits or vouchers to their Teen or Child. When Parents create a Parent Account, they consent to these Terms of Use and the Policy, and grant consent to Cogstate to collect Personal Information rom their Teen or Child as part of the registration and testing process as detailed in the Policy. A Parent who creates such a Parent Account will have the option to create Teen or Child profiles within their Parent Account thereby automatically linking them to the profiles and test results of the Teen or Child. Additionally, the Parent will be able to view and change that Teen or Child’s profile preferences and information, and will have sole control over those profiles until such time when the Parent chooses to transfer control of their Child’s or Teen’s profile to a separate athlete account ("Athlete Account") established by the Parent for the Child or Teen when the Child or Teen reaches the age of majority, after which the Child or Teen will control account preferences and information, and through such use of the Axon Site will be deemed to have accepted these Terms of Use.

If a Child or Teen registers for the Axon 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 Child to supply the name, address, phone number and email address of a Parent, and allows a Parent to supply a digital signature consenting to the registration of their Teen or Child. If the Parent has not supplied their consent at the time of registration, Cogstate will send an email to the Parent, informing the Parent that the Teen or Child has registered for the Axon Site and asking the Parent to review the Policy and the Terms of Use and to accept or decline to register the Teen or Child under those terms and conditions (the "Parental Consent Email"). If the Parent of a Teen or Child does not have an email address, the Institutional User distributing the test credit or voucher to the Teen or Child must certify that written consent of the Parent has been obtained on the Cogstate Written Parental Consent Form accessible at http://concussion-ca.cogstate.com/media/resources/files/AxonSports-Overview-Parent-Consent-CA.pdf, or that the Parent has consented to the Teen or Child’s registration by calling in their express consent to the Cogstate Customer Service toll-free number (1.877.399.2966).

Institutional Users that purchase test credits or vouchers for distribution to Teens or Children are required to notify the Parents of such Teens or Children in writing that: 1) they have distributed a test credit or voucher to the Teen or Child, or have registered a Teen or Child for the site or the CCAT (http://concussion-ca.cogstate.com/media/resources/files/AxonSports-Form-Parent-Consent-CA.pdf) and, 2) Parental consent to these Terms of Use and Policy is required. Institutional Users hereby undertake that they have either directed the Teen or Child to provide the name and email address of the Parent as part of the registration process or have obtained the appropriate written consent from the Parent of each such Teen or Child as described herein. Failure to provide written notice to Parents, or to obtain the required Parental consent or contact information shall constitute a breach of this Agreement by Institutional Users.

The CCAT is designed to be used only by persons aged five (5) years or over. Individual Users should ensure that the test environment is quiet and free from distractions (i.e., no cell phones, open programs for web browsing, email, music or messaging) and focus on responding as accurately and quickly as possible. In the case of Teens or Children, Parents or Institutional Users should directly supervise Teens or 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, email, music or messaging) and make sure that the Teen or Child understands the need to focus and respond as accurately and quickly as possible. Any of these types 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 does not reflect the Individual User’s best effort, the test should be repeated under appropriate conditions.

Institutional Users hereby acknowledge that it is their responsibility to obtain consent from the Parent of a Teen or Child and further agree that the deletion of a Teen or Child’s information due to an inability to secure such consent shall not entitle the Institutional User to any refund of the purchase price of the deleted Individual User profile or account.

The Parent, or an Institutional User expressly authorized by the Parent, is solely responsible for providing supervision of any Teen or Child’s use of the Axon Site and/or the CCAT. A Parent, or Institutional User expressly authorized by the Parent, who registers a Teen or 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 Child’s Parent, or an Institutional User expressly authorized by the Parent, shall also assume full responsibility for securing, from a licensed medical doctor or qualified medical professional, the appropriate interpretation and use of any information or suggestions provided through the Axon Site and/or the CCAT test results.

5. Children and Teens' Privacy and Use of the Cogstate Site and the CCAT by Children and Teens.

Axon Sports is committed to protecting the privacy of Children and Teens and has developed a Policy for addressing such privacy issues. All Users should review the Policy and a User’s use of the Axon Site and/or the CCAT indicates a User’s acceptance (and in the case of a Teen or Child, their Parent’s acceptance) and continued acceptance of the Policy and these Terms of Use.

Institutional Users are responsible for adhering to the Policy and safeguarding Personal Information (as defined in the Policy) collected from Children or Teens (as the case may be), and such Institutional Users hereby agree to indemnify and hold harmless Cogstate for 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 (including a Child or Teen) Personal Information or to adhere to the terms of the Policy or these Terms of Use.

6. Use of the Axon Site and the CCAT by Individual Users

Each Individual User is authorized and granted a limited license to use the Axon Site for the purposes expressly permitted by these Terms of Use, and Individual Users who have purchased a CCAT test credit or voucher or who have registered for the CCAT using a test credit or voucher supplied by a Parent or Institutional User, are hereby granted a limited license to take the CCAT, subject to the Terms of Use, for the purposes of establishing a baseline cognitive assessment or for measuring cognitive function after an injury has occurred. The CCAT is to be used solely for the Individual User’s personal, non-commercial use and cannot be reused or resold. Use of the Axon Site and the CCAT are governed by these Terms of Use.

By registering for the Axon Site and/or the CCAT, each Individual User hereby agrees to abide by the Terms of Use and to defend, indemnify, and hold harmless Axon Sports, its officers, directors, shareholders, agents, licensors, suppliers, successors and assigns and affiliates harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable attorney's and accounting fees, resulting from, or alleged to result from, any violation of these Terms of Use, regardless of whether such 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 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 Children, and are hereby granted a limited license to use and distribute the CCAT test credits, subject to these Terms of Use, for the purposes of establishing baseline cognitive assessment or for measuring cognitive function after an injury has occurred.

By registering for the Axon Site or the CCAT, Parents and Institutional Users each agree to abide by the Terms of Use and expressly agree to defend, indemnify, and hold harmless Cogstate, its officers, directors, shareholders, agents, licensors, suppliers, successors and assigns and affiliates harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable attorney's and accounting fees, resulting from, or alleged to result from, any violation of these Terms of Use, regardless of whether such violation is intentional, negligent or inadvertent.

8. Use of the Axon Site and the CCAT by Authorized Resellers.

Users that are explicitly authorized by Cogstate to resell the CCAT to individuals or Institutional Users ("Authorized Resellers") may register to use the Axon 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, and are hereby granted a limited license to use and distribute the CCAT, subject to these Terms of Use, for the purposes of establishing baseline cognitive assessment or for measuring cognitive function after an injury has occurred.

By registering for the Axon Site or the CCAT, Authorized Resellers agree to abide by the Terms of Use and expressly agree to defend, indemnify, and hold harmless Cogstate, its officers, directors, shareholders, agents, licensors, suppliers, and successors and assigns and affiliates harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable attorney's and accounting fees, resulting from, or alleged to result from, any violation of these Terms of Use, regardless of whether such violation is intentional, negligent or inadvertent.

9. Ownership of Intellectual Property.

The Axon Site, the CCAT and many or all of the other materials provided to you on the Axon Site are protected by the laws of Canada, the United States and foreign countries regarding, without limitation, copyrights, trade-marks and/or service marks. User hereby confirms that all right, title and interest in and to the Axon Site and the CCAT, and all intellectual property rights therein (including, without limitation, any and all utility patent rights), shall be and shall remain owned by Cogstate or its affiliates. Any use of the Axon Site, the CCAT and/or the materials made available to Users on or through the Axon Site not expressly permitted by these Terms of Use constitutes a breach of these Terms of Use. For greater certainty, User hereby agrees never to copy or make use of all or any portion of the Axon Site or the CCAT, any trade-marks associated with the Axon Site or the CCAT (or any marks confusingly similar thereto), or any material or information contained in or on the Axon Site or the CCAT, without the prior written consent of Cogstate. Further, User hereby agrees never to produce derivative works of the Axon Site or the CCAT. User hereby agrees that failure to abide by these Terms of Use constitutes a breach of these Terms of Use and may result in liability for copyright infringement, trade-mark infringement, or the violation of any other laws (including intellectual property laws). Cogstate reserves the right to alter, change or modify without notice the Axon Site and/or the CCAT.
All right, title and interest in any data collected by Cogstate in the course of site registration, taking the CCAT, or any other activities contained within the Axon Site is exclusively owned by Cogstate. To the extent that the User retains any right, title and interest in any data collected by Axon Sports, the User hereby grants and assigns to Cogstate an exclusive, worldwide, perpetual, and fully-paid up license to use such data.
In the event any User violates any of these Terms of Use, that User’s license to use the Axon 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 or the Cogstate Site (as the case may be).

10. Privacy and Submission of Personal Information

Registering for the Cogstate Site and/or 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 (as defined in the Policy) to Cogstate. The submission of such Personal Information by any User and Cogstate’ use and retention of such Personal Information is governed by the terms of Axon Sports’ Privacy Policy, which is accessible online at http://concussion-ca.cogstate.com/index.cfm?pID=21&pageTitle=Privacy-Policy. In the event of an inconsistency between this Agreement and the Cogstate Privacy Policy, these Terms of Use shall control.

11. Issuance and Use of the Cogstate Password – Individual Users

Upon becoming registered with the Axon Site or registering for the CCAT (as the case may be), all Users except for those Individual Users who create a profile within a Parent Account, will choose and register with Cogstate a unique password which will enable them to access certain portions of the Axon Site and/or take the CCAT. This password will also allow Users to provide and store certain information on the Axon Site. Once a password has been created for the Axon 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 Cogstate immediately upon learning of a misappropriation of such password and/or requesting to deactivate your password. Users grant Cogstate and all other persons or entities involved in the operation of the Axon Site the right to transmit, monitor, retrieve, store, and use this information in connection with the operation of the Axon Site.

12. Issuance and Use of the Cogstate Password – Institutional Users

Institutional Users must create their own accounts on concussion-ca.cogstate.com and create a unique password which will enable them to access certain portions of the Axon Site, which may include certain account information (name, gender, dominant hand, year of birth and CCAT test results) 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. This password will also allow Institutional Users to provide and store the Institutional User’s own information on the Axon Site. Once a password has been created for the Axon 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 Cogstate immediately upon learning of a misappropriation of such password. Institutional Users hereby grant Cogstate and all other persons or entities involved in the operation of the Axon Site the right to transmit, monitor, retrieve, store, and use this information in connection with the operation of the Axon Site. Individual Users (or their Parents, in the case of Teens or Children) who register and take CCATs using Easy Link (accessible at http://concussion-ca.cogstate.com/index.cfm?pid=15&pageTitle=FAQs&faqText=Easy+Link) test credits or vouchers provided by an Institutional User 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 Cogstate 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 Cogstate Password – Parents

Parents who create Parent Accounts and purchase and distribute test credits or vouchers to their Teens or Children or who are linked to accounts created by such Teen or Children, must create their own accounts on concussion-ca.cogstate.com and create a unique password which will enable them to access certain portions of the Axon Site, including certain account information (e.g., name, year of birth gender, dominant hand and CCAT test results) of their Teens or Children. This password will also allow Parents to provide and store certain information on the Axon Site. Once a password has been created for the Axon Site and/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 such password. Parents grant Cogstate and all other persons or entities involved in the operation of the Axon Site the right to transmit, monitor, retrieve, store, and use this information in connection with the operation of the Axon Site. Teens or Children who register and take CCATs using Parent Account test credits or vouchers provided by their Parents hereby acknowledge that Parents who have distributed the CCAT to their Teen or Child will have access to their Teen or Child’s data, and that Cogstate 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 card verification value (CVV) code at the time they purchase the CCAT test credits or any other product or service offered by Cogstate through the Axon Site or otherwise. Users hereby 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 Site or otherwise. By providing information regarding a credit card, User represents and warrants that User is the authorized user of the credit card. 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, province or locality. Users agree that Cogstate may submit information regarding their credit card and related Personal Information (as defined in the Policy) to Axon Sports’ service provider(s) solely for their use in charging Users for the purchase of the CCAT test credits or other products or services offered by Axon Sports. Cogstate reserves the right to modify the pricing of the CCAT test credits or any other product or service from time-to-time with or without notice being given to the Users.

15. Links to Other Sites and Advertisements

Cogstate may provide links to third-party web sites on the Cogstate Site. Cogstate shall not be responsible for the content provided through third-party sites linked from time-to-time to the Axon Site or for advertisements displayed on or through the Axon Site, and does not make any representations regarding their content, accuracy or non-infringement. Users agree that any use of third-party links is entirely at their own risk and subject to the terms and conditions of use for such sites.

16. Indemnity

All Users expressly agree that the results of an After Injury CCAT (accessible online at http://concussion-ca.cogstate.com/index.cfm?pid=15&pageTitle=FAQs&faqText=After+Injury) are intended to be evaluated solely by licensed medical doctors or qualified medical professionals as a tool for assessing cognitive performance relative to a pre-established baseline. It is not intended 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 the Terms of Use of the Axon Site and the CCAT.

Use of the Axon Site and the CCAT are governed by these Terms of Use and all Users expressly agree to defend, indemnify, and hold harmless Cogstate, its officers, directors, shareholders, agents, licensors, suppliers, successors and assigns and affiliates harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable attorney's and accounting fees, resulting from, or alleged to result from any violation of these Terms of Use, regardless of whether such violation is intentional, negligent or inadvertent.

17. General

These Terms of Use and the rights, obligations, liabilities, and responsibilities of the parties hereto, shall be governed and interpreted exclusively by the domestic laws of the Province of Ontario, including the applicable Federal Laws of Canada, without regard to conflict of laws principles. Regardless of a User’s place of residence or the location from which the Axon Site and/or CCAT is used by a User, this Agreement constitutes an agreement made in the Province of Ontario, Canada. Users hereby agree to irrevocably consent and attorn to the personal and exclusive jurisdiction of the courts located within the Province of Ontario.
Users hereby agree and acknowledge that all notices sent to Users of changes to these Terms of Use or the Policy or any other matters related thereto, may be sent via email to the Users. Notice will be deemed to have been given 24 hours after the e-mails have been sent to the Users and it is the responsibility of each User of the Axon Site or the CCAT (as the case may be) to ensure that Axon Sports has a current and operational e-mail address for such User. All notices to Cogstate should be made in writing to the address below:

Axon Sports, LLC
2100 Stewart Ave Ste 201
Wausau WI 54401
Tel: 715.848.1024
Fax: 715.848.1053
Email: customerservice@cogstate.com

Notice to Cogstate is not valid until such notice is actually received by Axon Sports by regular mail to the postal address listed above.
The waiver by either party of any default or breach of these Terms of Use will not constitute a waiver of any other or subsequent default or breach. No act, delay or omission on the part of either party hereto will be deemed a waiver unless expressly made in writing.
These Terms of Use constitute the complete agreement between the parties hereto and supersede all prior or contemporaneous agreements or representations, whether written or oral, concerning the use of the Axon Site and/or the CCAT. This Agreement may be modified or amended from time to time, provided that Cogstate notifies Users of such modification, at which time each User shall either accept such modifications or promptly de-activate their account.

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