Terms of Use
These Terms of Use (“Terms”) and any applicable User Guidelines govern your purchase, access to and use of Healthy Roster, including any Healthy Roster mobile applications and websites (the “Services”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms and the User Guidelines. By accessing or using the Services you agree to be bound by these Terms and the User Guidelines.
1. Basic Terms
Healthy Roster provides a platform for End Users to connect directly with athletic trainers or other medical personnel. Healthy Roster does not provide or offer any medical advice or treatment recommendations. If you are having a medical emergency, please dial 911 or go immediately to the Emergency Room. Healthy Roster is not liable for any advice, information, action or inaction you receive on the Services or for any consequences, injury or harm that may result therefrom.
You are responsible for your use of the Services, for any Content you post or provide via the Services, and for any consequences thereof. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with Healthy Roster and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction. Children under the age of eighteen may not register to use the Services and may not use the Services except under the express guidance and direction of a parent or guardian. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Healthy Roster provides are always evolving and the form and nature of the Services that Healthy Roster provides may change from time to time without prior notice to you. In addition, Healthy Roster may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. You agree to abide by any usage or other access limitations provided in any applicable Order Form.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Healthy Roster on the Services are subject to change. In consideration for Healthy Roster granting you access to and use of the Services, you agree that Healthy Roster and its parent, third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
2. Privacy
Any information that you provide to Healthy Roster is subject to our Privacy Policy or Children’s Privacy Policy, which govern our collection and use of your or your child’s information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy and Children’s Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Healthy Roster. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Healthy Roster account, which you may not be able to opt-out from receiving.
For Parents and Adult End Users
Healthy Roster may not collect or store personal information regarding children under thirteen (13) years of age without the express consent of a parent or guardian. By granting consent for your child to use the Services you are expressly agreeing to the collection, use and disclosure of your child’s personal information, including potentially sensitive medical information, on the terms and conditions provided in the Healthy Roster Privacy Policy and Children’s Privacy Policy located here. Please note that when you sign up for a Healthy Roster account for yourself or for your child the default settings allow the designated athletic trainer, coach and administrator to access any information you post or provide to the Healthy Roster Services. You may limit third party access to the information posted to the Healthy Roster Services by changing your account settings. By clicking “I agree” you expressly acknowledge that you are choosing to use the Services at your own risk and that your or your End User’s school, youth league, or organization and their administrators and coaches are not responsible for any data that is unintentionally lost or disclosed through use of the Services. Your or your child’s athletic trainer may choose to offer the PHQ-9 mental health screening form to you or your child. The PHQ-9 is a standard form prepared by a third party that is used by medical professionals to assess certain aspects of the respondent’s mental health. Healthy Roster is not representing that the PHQ-9 form is appropriate for any particular use or End User and the decision to use the form lies entirely with your or your child’s athletic trainer. The athletic trainer will establish the protocol to follow to interpret and respond to the results of the mental health screening. The protocol may involve contacting you or a third party to discuss the results of the PHQ-9 form. The protocol may also dictate that you do not receive the results of your child’s PHQ-9 screening. For more information regarding whether your athletic trainer will use or respond to the PHQ-9 form please contact your athletic trainer directly.
For Administrators, Coaches, Athletic Trainers or Other Medical Personnel
By accessing and using the Services you expressly agree that you will not provide any personal or medical information regarding any child under thirteen (13) years of age before Healthy Roster has obtained consent from the child’s parent or guardian to use the Services. You may enter the name and parental email address for a child under thirteen years of age for the exclusive purpose of allowing Healthy Roster to obtain consent from the child’s parent or guardian to use the Services. By accessing and using the Services you will have access to an End User’s personal and potentially sensitive medical information (the “Information”). You expressly agree that (i) you will use the Information only to the extent necessary to access, communicate, track, treat or otherwise respond to an injury or condition that impacts an End User’s ability to participate in the designated activity or to participate in an authorized use of the Services; (ii) you will not disclose the Information to any third party outside of the Services without the express written consent of the End User or, in the case of an End User under eighteen years of age, the express written consent of the End User’s parent or guardian or as required by law; (iii) you will protect the Information from unauthorized access, use or disclosure; (iv) you will immediately report to Healthy Roster any unauthorized access, attempted access, use or disclosure of Information; and (v) you will abide by any obligations regarding the collection, access, use or disclosure of personal or medical information imposed upon you by virtue of your position, licensing or employment or by state or federal law or statute, including, without limitation the Health Insurance Portability and Accountability Act and Health Information Technology for Economic and Clinical Health.
The Services are only to be used by End Users over eighteen years of age or the parent or guardian of End Users under eighteen years of age. You expressly acknowledge and agree that you will not use the Services to interact with a child under eighteen years of age without the express consent and direction of a parent or guardian. If you become aware that a child under eighteen years of age is attempting to use the Services without parental guidance you agree to immediately report the actions to Healthy Roster.
3. Passwords
You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We require you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your Healthy Roster account. Healthy Roster cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4. Content On the Services
All Content is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted or provided via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Healthy Roster be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
We may make available standard forms, questionnaires or other materials that can be used for informational purposes only and should not be relied upon to inform medical decisions. Healthy Roster does not provide medical advice and does not offer any materials to be used for diagnosing or treating any condition. Healthy Roster does not endorse the accuracy or appropriateness for any purpose of any materials provided on the Services.
5. Healthy Roster Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Healthy Roster, Inc. and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Healthy Roster reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Healthy Roster, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
6. Restrictions On Content And Use Of The Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to suspend and or terminate users or reclaim usernames without liability to you.
You may NOT post or provide Content that:
- Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
- Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;
- Is a direct and specific threat of violence to others;
- Violates any contractual obligation to refrain from photographing, filming or streaming any performance, event, film, concert, sporting event or other happening;
- Is furtherance of illegal activities; or
- Is harassing, abusive, or constitutes spam.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms or the User Guidelines, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Healthy Roster, its users and the public.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Healthy Roster's computer systems, or the technical delivery systems of Healthy Roster providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Healthy Roster (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Healthy Roster (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
7. Ending These Terms
The Terms will continue to apply until terminated by either you or Healthy Roster as follows.
You may end your legal agreement with Healthy Roster at any time for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact us at help@healthyroster.com.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or any applicable User Guidelines, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 2, 4, 5, 6 and 9.
Nothing in this section shall affect Healthy Roster's rights to change, limit or stop the provision of the Services without prior notice, as provided above in Section 1.
8. Disclaimers And Limitations Of Liability
Please read this section carefully since it limits the liability of Healthy Roster and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Healthy Roster Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “AS-IS”
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, HEALTHY ROSTER ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Healthy Roster Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (v) any advice or treatment information you receive through the Services; (vi) any injuries or harm you or a third party incurs as a result of information or advice received through the Services; and (viii) any condition, injury or harm to you or to a third party that occurred despite your use of the Services. No advice or information, whether oral or written, obtained from Healthy Roster Entities or through the Services, will create any warranty not expressly made herein.
B. Links
The Services may contain links or access to third-party websites or resources, including without limitation, the Patient Health Questionnaire-9. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; (ii) the content, products, or services on or available from such websites or resources; (iii) your use or failure to use any third party resource; or (iv) whether any third party resource is appropriate or not appropriate for your or your child’s use . Links to such websites or resources do not imply any endorsement by Healthy Roster Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HEALTHY ROSTER ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE HEALTHY ROSTER ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID HEALTHY ROSTER, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE HEALTHY ROSTER ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
D. Indemnification
You expressly agree to defend, indemnify, and hold the Healthy Roster Entities harmless from and against any third-party claims, actions, proceedings, damages, costs, liabilities, losses and expenses (including, without limitation, reasonable attorney fees) arising out of or related to: (i) any medical advice, treatment plan or other Content you share on the Services; (ii) your failure to take any action that results in harm, injury or death of a user, including without limitation, your failure to take necessary action upon receiving the results of a PHQ-9 form; (iii) your misuse of the Services; or (iv) any violation of this Agreement or applicable laws, rules or regulations, including without limitation, the obligations provided in Section 2 of this Agreement.
9. GENERAL TERMS. Waiver and Severability
The failure of Healthy Roster to enforce any right or provision of these Terms or the User Guidelines will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
A. Controlling Law and Jurisdiction
These Terms and any applicable User Guidelines and any action related thereto will be governed by the laws of the State of Ohio without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Franklin County, Ohio, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Ohio (excluding choice of law).
B. Entire Agreement
These Terms and our Privacy Policy and Children’s Privacy Policy are the entire and exclusive agreement between Healthy Roster and you regarding the Services (excluding any services for which you have a separate agreement with Healthy Roster that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Healthy Roster and you regarding the Services.
We may revise these Terms from time to time, the most current version will always be here. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 7 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Healthy Roster, Inc. located at 20 North St., Dublin, Ohio 43017. If you have any questions about these Terms, please contact us.
Updated: August 14, 2019