Date of Last Revision: April 3, 2020
The website https://www.schema.ngo/ (the “Site”) and any related application(s) (collectively, with the Site, the “Application”), are provided by Schema (collectively, “Schema,” “we,” “our,” or “us”).
The Application allows registered users (“Users”) to utilize Schema’s proprietary software application, online platform, and services that provide educational information and resources relating to concussions, including a directory of service providers (“Providers”) (collectively, the “Services”). The Application and Services (i) provide Patients with information and resources about concussion symptoms, diagnosis, treatment, and management, (ii) allow Providers to register to become listed on Schema’s managed directory database accessible by Patients through the Application, and (iii) help to improve bystander ability to recognize potential concussions.
Accessing the Site
We reserve the right to withdraw or amend this Site, and any Services, Applications, or Materials we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site to visitors and some or all parts of the Application to Users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Site.
Your Use of the Site
Schema provides content through the Site that is copyrighted and/or trademarked work of Schema or Schema’s third-party licensors and suppliers (collectively, the “Materials”). Materials may include logos, graphics, video, images, software, and other content.
You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of Schema’s, its licensors’, or the Site’s other users’ intellectual property rights.
Your Use of the Application
The Application is intended solely for use as dictated by Schema, including Providers accessing and using the Application and Services to offer concussion-related services to Patients, and Patients accessing and using the Application to receive such services from Providers, or other Application functionality offered now or in the future through Schema and the Application.
By registering on the Application, you represent and warrant that your information is true and accurate to the best of your knowledge. You agree not to submit false information such as name, email, address, and/or telephone number when registering on the Application. By registering with the Application, you consent to receive periodic communication from us regarding the status of your account or other information associated with your account or the services provided.
You are responsible, at your expense, for procuring and maintaining computer hardware, systems software, internet service, and other items necessary to securely access and use the Application. We reserve the right to modify these requirements from time to time in its sole discretion.
The Application shall not be used by anyone under the age of eighteen (18). By accessing or using the Application or its resources you represent and warrant that you are eighteen (18) years of age or older.
The Application may allow you to submit feedback or comments to us. By posting, uploading, inputting, providing or otherwise submitting feedback or comments to us, you represent and warrant that your submission is truthful and that you own or otherwise control all of the rights to your submission. You hereby grant us an unlimited, world-wide, and royalty free license to use any content included in your feedback or comments submitted to us.
For Providers: In order to register on the Application as a Provider, you will be required to provide certain information regarding your certifications, current licensure, education, background, experience and other information. By seeking to register as a Provider on the Application, you represent and warrant that you have all necessary qualifications, certifications, expertise, skill, and requirements and are qualified to provide the concussion-related services that you offer through the Application. Schema will determine, in its sole discretion, whether to approve a request for Provider registration. In the event you are approved as a Provider, you acknowledge and agree that you are solely responsible and liable and bear all risks activities and services you provide in connection with the Application and that Schema shall not be liable in any way for your conduct and actions in connection with the Application. You should carry professional malpractice and general liability insurance with a minimum coverage amounts of $1,000,000 per incident or in amounts required by applicable state laws.
In connection with your use of the Application and Services, you will obtain Patient information from Schema through the Application or directly from Patients in connection with the provision of concussion-related services provided to Patients. You agree to use all such Patient information only in accordance with all applicable laws and regulations and only in connection with your use of the Application and Services and the provision of concussion-related services to Patients.
As a Provider, you are responsible for all activity occurring under your account and you represent and warrant that you will abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Application including those related to data privacy, international communications and the transmission of personal data, including Protected Health Information of a Patient. “Protected Health Information” shall have the meaning provided in 45 CFR §160.103.
For Patients: You are responsible for all activity occurring under your account and you represent and warrant that you will abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Application including those related to data privacy, international communications and the transmission of personal data. As part of the Application and Services, you may access a Provider directory database to identify relevant Providers offering concussion-related services and select to engage in one or more transactions with a Provider through the Application. While Schema takes steps to verify the qualifications of all Providers listed on the Application, Schema does not control the concussion-related services provided by Providers and is not responsible or liable for the results of any concussion-related services you receive from Providers engaged through the Application. Should you choose to engage a Provider through the Application, you acknowledge that you are doing so at your own risk.
Registration and Security Controls
You will be required to register in order to access all features of the Application. During registration, you may be assigned a user name and password through the Application’s registration process.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. We will not be liable for any loss or damage arising from your failure to keep such information protected. You will: (i) notify us immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) not impersonate another user or provide false identity information to gain access to or use the Site or Application.
You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security by emailing us at email@example.com. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We may implement password controls which require you to change your password every so often, and you agree to change your password when notified to do so.
Your Communications to the Site
By using the Site, Application, or the Services provided on or through the Site, you consent to receiving electronic communications, including electronic notices, from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Materials provided on or through the Site. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Schema provides the Application to offer a platform and marketplace for concussion-related services and to facilitate transactions between Patients and Providers. In connection with the use of the Application, both Providers and Patients will be required to provide certain information, including without limitation, name, title, occupation, date of birth, gender, address, email address, phone number, social security number, and emergency contact information (collectively, “User Content”). You may also be required to provide certain treatment related information in connection with your use of the Application, including without limitation, symptoms, conditions, medications, prior injuries, prior treatment, health history, exercise and physical activities, and other treatment or health-related information relevant to your provision or use of concussion-related services (collectively, “Treatment Content”). The Application may also allow for the generation or collection of data from Patients and Providers in connection with the Services and transactions occurring through the Application, including without limitation, time entries, health service records, Patient authorizations and care plans, services performed for Patient, income, taxes owed by Patient or Provider, and other Application generated information (“Usage Data”). The proper and efficient functioning of the Application relies on this User Content, Treatment Content, and Usage Data, and you hereby provide Schema a license to use the User Content, Treatment Data, and Usage Data to provide and enhance the Services. You grant Schema a perpetual, irrevocable, and worldwide license to aggregate and anonymize the User Content, Treatment Content, and Usage Data (“Aggregated User Data”) and to sublicense, distribute, sell, use or otherwise commercialize Aggregated User Data for any purpose. Schema assumes no responsibility regarding the accuracy of the User Content, Treatment Content, Usage Data, or any information that is provided by you through the Application and use of such information is at your own risk. Schema shall have no property right in or to the User Content, Treatment Content, or Usage Data other than the licenses granted herein.
You represent and warrant that no materials of any kind submitted to or through the Application will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful material.
Provider represents and warrants that it has obtained all necessary consents from Patients to use their mobile phone numbers to send notification SMS texts or emails to a Patient’s mobile phone or email address.
In addition to the above, you represent and warrant you will not:
Sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application without Schema’s express written consent except as otherwise provided herein;
Modify or make derivative works based upon the Application;
Create Internet "links" to the Application except for access to the home page, or "frame" or "mirror" any content on any other server or wireless or Internet-based device;
Reverse engineer or access the Application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application or Services, or (c) copy any ideas, features, functions or graphics of the Application or Services;
Share user licenses as each Provider and Patient must register with the Application;
Use the Application in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Application;
Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
The following activities are expressly prohibited from the Site:
Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, discriminatory actions, messages, or images, and defamatory statements.
Posting false, misleading, or fraudulent statements or content.
Engaging in activity that is unauthorized advertisements or promotions, including unauthorized solicitation of other users of the Site.
Collecting Personal Information of other users of the Site without that user’s consent.
Engaging in activity that compromises the Site. Such activity may include, but is not limited to, hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, mail bombing or crashing, or introducing malware.
Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.
Framing or deep linking into the Site.
Accessing the Site by means of automated process, spiders, bots or similar device.
This list of prohibited activities provides examples and is not complete or exclusive. We reserve the right to terminate access to your account and your ability to post to this Site (or use the Materials) with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to this Site or to any other user of this Site and/or Materials. We may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Schema. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Schema. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Federal and State Laws
The Site and Application are operated from the United States. When using the Site or Application, or when using any content provided by us, you represent and warrant you will obey and comply with all applicable federal, state and local laws. Any use of the Application that violates any applicable laws will be grounds for discontinuing your rights to access the Application.
Schema may terminate your access to the Application and the Services or reduce the functionality of the Application and Services for any reason, at any time, and in Schema’s sole discretion, with or without notice. Upon termination of this Agreement, Schema shall terminate your access to the Application and you shall discontinue all use of the Application. Upon a termination of this Agreement, you shall not be entitled to a refund of any pre-paid fees.
We do not allow persons under the age of eighteen (18) to use the Site. By using the Site, you represent and warrant that you are eighteen (18) years of age or over.
Disclaimer of Warranties
Your use of this Site is at your own risk. The Materials have not been verified or authenticated in whole or in part by us, and they may include inaccuracies or typographical or other errors. We do not warrant the accuracy or timeliness of the Materials contained on this Site. We have no liability for any errors or omissions in the Materials, whether provided by us, our licensors or suppliers or other users.
SCHEMA DOES NOT PROVIDE MEDICAL SERVICES, NOR DOES SCHEMA EMPLOY OR CONTRACT WITH ANY HEALTH CARE PROVIDERS. THE HEALTH CARE PROVIDERS LISTED IN THE SITE’S DIRECTORY ARE INDEPENDENT PRACTITIONERS AND ARE NEITHER EMPLOYEES NOR AGENTS OF SCHEMA. SCHEMA IS NOT RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS, OR OTHER INFORMATION, SERVICES, OR PRODUCTS THAT YOU OBTAIN FROM A PROVIDER LISTED ON THIS SITE. SCHEMA ASSUMES NO RESPONSIBILITY FOR THE SERVICES A PROVIDER PROVIDES, NOR ANY ACT, OMISSION OR WRONGDOING OF ANY OTHER USER OF THE APPLICATION. YOU ACKNOWLEDGE THAT THE INFORMATION ON THE SITES IS PROVIDED “AS-IS” FOR GENERAL INFORMATION PURPOSES ONLY. THE APPLICATION, SERVICES, AND THE INFORMATION CONTAINED ON THE APPLICATION IS NOT INTENDED AND SHALL NOT BE CONSTRUED AS MEDICAL ADVICE, DIAGNOSIS OR TREATMENT AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE APPLICATION. THE INFORMATION AND VIEWS PROVIDED BY PROVIDERS ON THE APPLICATION SHALL NOT BE ATTRIBUTED TO SCHEMA.
THE APPLICATION IS NOT INTENDED OR DESIGNED TO PROVIDE A RESPONSE IN A MEDICAL EMERGENCY. IF YOU HAVE A MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL EMERGENCY SERVICES (911) TO GET PROMPT MEDICAL ATTENTION. DO NOT RELY ON THE APPLICATION OR ELECTRONIC COMMUNICATIONS FOR ASSISTANCE IN REGARD TO YOUR EMERGENCY MEDICAL NEEDS.
THE APPLICATION AND INFORMATION AND SERVICES OFFERED ON OR THROUGH THE APPLICATION AND ANY REFERENCED THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES ANY LISTING PROVIDERS ON THE APPLICATION AND ANY THIRD PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE APPLICATION. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE APPLICATION. ANY THIRD PARTY GOODS OR SERVICE PROVIDER IS SUPPLIED AS A CONVENIENCE TO THE USER AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. SCHEMA AND ITS LICENSORS AND CONTRACTORS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SCHEMA AND ITS LICENSORS AND CONTRACTORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION OR SERVICES, OR ANY MATERIAL ON THE APPLICATION IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. SCHEMA AND ITS LICENSORS AND CONTRACTORS DO NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, CONTENT, OR OTHER POSTED MATERIALS ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
BY PROVIDING THE SERVICES ON THE SITE, WE DO NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. WE ARE ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE SITE AT ANY TIME, IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU.
Limitation of Liability
SCHEMA’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SCHEMA OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APPLICATION OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY SCHEMA. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. SCHEMA’S AGGREGATE LIABILITY TO YOU FOR ANY REASON SHALL NOT EXCEED THE FEES YOU HAVE PAID TO SCHEMA FOR YOUR USE OF THE APPLICATION WITHIN THE TWELVE (12) MONTHS PRIOR TO THE INCIDENT OR ACTION ASSERTED AS SUBJECTING SCHEMA TO LIABILITY.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
Description of the copyrighted work that you claim has been infringed;
The location on the Site of the material that you claim is infringing;
Your address, telephone number and e-mail address;
A statement that your claim of infringement is based on a good faith belief; and
A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our agent for notice of claims of copyright infringement on the Site can be reached as follows:
Subject: Notice of Claim
Waiver of Right to Jury; Class Action Waiver. TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A CLASS REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, CLASS ARBITRATION, CONSOLIDATION OF INDIVIDUAL ARBITRATIONS, OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
Website Availability. WE cannot guarantee the Site will be available 100% of the time Because public networks, such as the internet, occasionally experience disruptions. Although WE strive to provide the most reliable webSite reasonably possible, interruptions and delays in accessing the Site are unavoidable and WE disclaim any liability for damages resulting from such problems.
Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but we do not warrant the content of the Site is accurate, complete, reliable, current, or error-free.