The set of terms below is a legal agreement between you and Sports Mentalytics regarding the legal use of the website www.sportsmentalytics.com and the products and services provided on the website. As a visitor to this website, whether for browsing and/or using Sports Mentalytics products or services, you acknowledge that you have read, understood, and agree, to the terms contained in this agreement. Do not use this website if you do not agree to these terms.
Use of Site
This website is provided solely for the use of Sports Mentalytics products or services by current and future Sports Mentalytics customers and users, to provide you with information about Sports Mentalytics, and to enable you to contact us with any questions or comments you may have about Sports Mentalytics' products or services. Any other use of this site is prohibited. Without limiting any of its other rights or remedies, Sports Mentalytics may immediately discontinue, suspend, terminate, or block any user's access to this site at any time in its sole discretion.
Use by Minors and Chlidren under 13 Years of Age
In order to use Sports Mentalytics, you must be 13 years of age or older. Sports Mentalytics prohibits the use of our assessments and reports by children under 13 years of age. If you are 13 years of age or older, but under 18 years of age, you must have the approval of a parent or legal guardian to purchase Sports Mentalytics products.
Clinical Usage and the Health Insurance Portability and Accountability Act (HIPAA)
Sports Mentalytics uses proprietary self-report surveys that quantify athletes' thoughts and behaviors. The results provide feedback to athletes, coaches, and parents to help them improve their mindset and approach to various situations they experience in the sports environment. Our surveys do not measure clinical personality, mental disorders, mood disorders, or other mental illnesses. Our surveys cannot make medical or psychological diagnoses and are not governed by the Health Insurance Portability and Accountability Act (HIPAA).
Use of Data
Sports Mentalytics reserves the right to use assessment data collected from users to conduct internal research and development. We also reserve the right to publish research in public outlets such as peer-reviewed journals, online publications, and other form of media using assessment data we collect from our users. However we will only report results in aggregate with other users and all data will be used anonymously. We will never attach your personal name, team name, or other means of allowing one to personally identify a user, to any publications using the users' assessment data.
All products, services, and information listed or described on this website are proprietary property of Sports Mentalytics and may be protected by copyright, trademark, patent, and/or other intellectual property law. By providing, listing, or describing the products, services, and/or information on this website, Sports Mentalytics does not grant permission to use or licenses to any copyrights, patents, or surrender intellectual property rights. You agree not to duplicate, download, take screenshots of, copy or otherwise disseminate the information contained on this website without the written consent of Sports Mentalytics. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the contents of this website. Except as expressly provided, Sports Mentalytics does not grant you any right, whether express or implied, under in or to any patents, trademarks, copyright, or trade secret information.
This website may contain other proprietary and copyright information, not described in this agreement. These terms will be presented where relevant and must be observed and followed by the website visitor.
We make no representation about any other website you access through www.sportmentalytics.com. When you access a website through ours, understand that we have no control over that website or its contents. We also do not endorse or accept responsibility for the content on other websites, even ones listed as related links on our website. It is your responsibility to evaluate the security and appropriateness of content on other websites.
Disclaimer of Warranties
All information on www.sportsmentalytics.com is provided by Sports Mentalytics on an “as is” basis only and use of such information is at your own risk. Sports Mentalytics provides no warranties, expressed or implied, and will not be liable for any lost data, business interruption, damage to programs or systems, lost profits or customers, or otherwise damage to you or your firm by use of information from this website and by using this website, you agree not to make claim against Sports Mentalytics for such damages. Sports Mentalytics makes no warranties regarding the accuracy, reliability, validity, quality or availability of any products or services offered on www.sportsmentalytics.com, and makes no warranties that the site will be uninterrupted or error-free. Furthermore, and to the fullest extent of the law, Sports Mentalytics expressly disclaims all warranties, express or implied, or any kind, with respect to any of the materials, content, or other information on this site or any goods, services, or other products sold or displayed on this site generally, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to the extent such jurisdiction's law applies to this agreement.
Limitation of Liabilities
You agree that Sports Mentalytics, its past and present agents, representatives, members, managers, officers, directors, employees, affiliates, attorneys, predecessors and successors in interest shall not be liable for any damage, loss, expense of any kind arising out of or resulting from your possession or use of the materials, contents, or information on this site, regardless of whether such liability is based in tort, contract, or otherwise. In no event shall Sports Mentalytics, its past and present agents, representatives, members, managers, officers, directors, employees, affiliates, attorneys, predecessors and successors in interest be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business), arising out of or in any way relating to the materials, content, or information on this site, or any other products, services, or information offered, sold, or displayed on this site, your use of, or inability to use, this site generally, or otherwise in connection with this agreement, regardless of whether Sports Mentalytics, its past and present agents, representatives, members, managers, officers, directors, employees, affiliates, attorneys, predecessors and successors in interest have been advised of the possibility of such damages. Because some states do not allow the limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You agree to indemnify, defend, and hold harmless Sports Mentalytics, its past and present agents, representatives, members, managers, officers, directors, employees, affiliates, attorneys, predecessors and successors in interest from and against all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy agreement or right.
Limitations on Claims
Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.
Controlling Law and Jurisdiction
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-laws provisions. Sports Mentalytics makes no representations that the materials available on this site are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all applicable local laws and you agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Washtenaw County, Michigan, for any disputes with Sports Mentalytics arising out of your use of this site.
Modifications to Agreement
Sports Mentalytics may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modification will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Sports Mentalytics assumes no obligation to notify you of changes to this Agreement.
Electronic Communications and Signatures
You agree to be bound by any affirmation, asset, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from Sports Mentalytics solely through electronic transmission. You agree that when you click on "I agree," "I consent," or any other similarly worded "button" or entry field with your mouse, keystroke, touchscreen, or other computer device, your agreement or consent will be legally binding and enforceable and will constitute the legal equivalent of your handwritten signature.
Sports Mentalytics will not release an individual user's name, email address, mailing address, or any other personal identifying information (PII) or materials submitted to Sports Mentalytics unless: 1) you give us permission to release your PII; or 2) we notify you before you submit your PII that we will be using it for publication or other otherwise used in a manner in which you may be personally identified; or 3) we are required to release this information by court order or law. Sports Mentalytics reserves the right to use the name, logo, and other identifying information of teams, groups, and/or organizations who use Sports Mentalytics in our marketing, advertising, and other public venues. Sports Mentalytics will not release the assessment results and reports of teams, groups, and organizations unless granted permission by the team, group, and/or organization. For additional information, email us at firstname.lastname@example.org.
Sharing of Athlete Results with Coaches and Assistant Coaches
If you are an athlete who was invited to a team or group and accept the invite, your results will be visible to the individuals assigned as Coaches and Assistant Coaches of the team or group. The Head Coach determines the individuals who are considered Coaches and Assistant Coaches. You can view who these Coaches and Assistant Coaches are in your account or may request the names of them from your Head Coach. By accepting the terms of this agreement, you are willingly agree to share your assessment results with Coaches and Assistant Coaches on your team.
Returns, Tranfers, and Cancellations
Our full return policy can be found here: http://sportsmentalytics.com/returns.php
This Agreement constitutes the entire agreement between Sports Mentalytics and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Sports Mentalytics, with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion hereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by Sports Mentalytics of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The failure of Sports Mentalytics to enforce any of the terms hereof shall not be deemed to be a waiver, and any and all waivers of any rights hereunder by any party must be executed in writing.