IN COMPLIANCE WITH THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT, YOU MUST BE THIRTEEN (13) YEARS OF AGE OR OLDER TO USE THE PRIVIT SYSTEM. IF YOU ARE UNDER THIRTEEN (13) YEARS OF AGE, A PARENT OR LEGAL GUARDIAN MUST PROVIDE THE INFORMATION ON YOUR BEHALF.
ARTICLE 1 — GENERAL
1.1 Access and Use of Service by Athlete. PRIVIT shall provide to you the non-exclusive right to access the Service through PRIVIT's e-PPE website. The Service will process health information and medical and demographic data you input ("Processed Data"), for the limited purpose of 1) maintenance and storage of your Electronic Pre-Participation Evaluation and 2) providing access to your e-PPE record to authorized medical and sports professionals. "Athlete(s)" shall mean individuals like yourself and/or the legal guardians thereof, who utilize the Service; and the term "Athlete Medical Data" shall mean your medical data and information as entered into the Service pursuant to the terms and conditions provided herein and which will be shared with healthcare providers and sports professionals.
1.2 Information and Instructions to be Provided to the Athletes. Information and instructions for inputting your Athlete Medical Data into the Service are set forth on the website, and are in addition to those instructions already provided to you.
1.3 Limitations of Service. You are solely responsible for all equipment, software and connections to the Internet required to gain access to PRIVIT's website.
1.4 Verification of Accuracy and Completeness of Athlete Medical Data. The Service provides functionality that permits you to verify the accuracy and completeness of your Athlete Medical Data. You shall be responsible for the accuracy and completeness of your inputted Athlete Medical Data and Processed Data. PRIVIT is not responsible for the accuracy and completeness of all Processed Data, and for verifying such Processed Data with you.
ARTICLE 2 — SECURITY AND DATA RIGHTS
2.1 Integrity and Confidentiality of Athlete Medical Data and Processed Data. PRIVIT shall deploy commercially reasonable and available security measures to protect the integrity and confidentiality of your Athlete Medical Data and Processed Data. Security measures deployed by PRIVIT include the use of secure sockets layer protocol at the data input layer on the e-PPE website and the use of the PRIVIT patent pending privacy compliant consent and data access system methods.
2.3 Ownership and Use of Athlete Medical Data. Access to data collected on the e-PPE site is subject to provincial and federal privacy legislation governing access to personal and health information data. You own and retain all right, title and interest in and to all of your Athlete Medical Data and PRIVIT shall obtain no other interest whatsoever in such Athlete Medical Data, except as otherwise expressly provided herein. The Athlete consents to PRIVIT’s right to share de-identified aggregate data to the PRIVIT affiliates and/or partners from time to time at PRIVIT’s discretion. Provided that PRIVIT obtains prior authorization in writing or electronic form, and in compliance with applicable law, including the Personal Health Information Protection Act, 2004 and all regulations pertaining thereto (collectively, “PHIPA”) and the Personal Information Protection and Electronic Documents Act and all regulations pertaining thereto (collectively, “PIPEDA”), from you, PRIVIT may use your Athlete Medical Data or Processed Data in connection with, or disclose your Athlete Medical Data or Processed Data to, other PRIVIT partners.
ARTICLE 3 — PROPRIETARY RIGHTS
3.1 PRIVIT Materials. All materials, including without limitation, the Service, any computer software, web pages, web-based applications, Internet domain names, data or information developed or provided by PRIVIT and its affiliates, and any ideas, know-how, methodologies, equipment or processes conceived, developed or used to provide the Service or other deliverables or services including, without limitation, all copyrights, trademarks, patents, trade secrets and any other proprietary rights related to such materials (collectively, "PRIVIT Materials") shall be and remain the sole and exclusive property of PRIVIT and its Affiliates.
ARTICLE 4 — FEES
4.1 Fees. Use of the Service is at no charge to you as an Athlete, provided that you are a member in good standing with one or more organizations authorized by PRIVIT to use the Service.
ARTICLE 5 — TERM AND TERMINATION
5.2 Termination by PRIVIT. PRIVIT shall have the right to terminate your access to all or part of this site at anytime, with or without notice.
ARTICLE 6 — WARRANTIES
6.1 Athlete's Warranties. You represent and warrant to PRIVIT that you have the capacity to understand and accept these terms. Furthermore, you represent and warrant that you are not accessing the service under misrepresentation or false identification. If you are inputting Athlete Medical Data on behalf of another, you warrant and represent that you have the right to be binding to that other person.
6.2 DISCLAIMER. PRIVIT AND ITS AFFILIATES, SUBCONTRACTORS AND THIRD PARTY LICENSORS, IF ANY, MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE SERVICE PROVIDED TO YOU UNDER THIS AGREEMENT, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PRIVIT SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. THE SERVICE IS PROVIDED "AS IS, AND WITH ALL FAULTS." PRIVIT DOES NOT GUARANTEE THAT YOUR ACCESS TO THE SERVICE PROVIDED UNDER THIS AGREEMENT WILL BE UNINTERRUPTED, ERROR FREE OR SECURE. PRIVIT IS NOT A HEALTH SERVICES PROVIDER AND MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OF THE SERVICE REGARDING THE COMPLETENESS OR ACCURACY OF THE ATHLETE MEDICAL DATA YOU ENTER OR PROCESSED DATA, NOR ANY INTERPRETATION, MEDICAL DECISION OR COURSE OF MEDICAL TREATMENT RELATED THERETO. FURTHER, PRIVIT DOES NOT WARRANT TO YOU THE AVAILABILITY OF THE SERVICE AT ALL TIMES AND SPECIFICALLY EXCLUDES AVAILABILITY DURING SCHEDULED DOWNTIME FOR MAINTENANCE PURPOSES, UNSCHEDULED MAINTENANCE AND SYSTEM OUTAGES, AND/OR AVAILABILITY OF THE SERVICE FOR REASONS BEYOND PRIVIT'S CONTROL.
ARTICLE 7 — LIMITATION OF LIABILITY
ARTICLE 8 — INDEMNIFICATION
ARTICLE 9 — PRIVACY AND CONFIDENTIALTY
ARTICLE 10 — MISCELLANEOUS