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Research Terms of Use

RESEARCH TERMS OF USE

By accepting these Research Terms of Use during your registration process, or by accessing or using ImPACT Applications’ research content, you confirm your acceptance of these Research Terms as well as ImPACT Applications’ general Terms of Use. Defined terms are located in the general Terms of Use. If you do not agree to these Research Terms or the general Terms of Use, do not complete your registration process, access the research content, or use the ImPACT Applications Site.

All purchases are non-refundable and cannot be exchanged. If you register for a subscription, you agree the subscription period begins on the date of purchase and will automatically renew on December 31st each year.  The subscription fee is non-refundable, cannot be exchanged, and will not be prorated.  If you do not want to renew your subscription, you must cancel your subscription prior to December 31st. From time to time, we may offer different subscription terms, and the fees for such subscription may vary. If all eligible payment methods we have on file for you are declined for payment of your subscription fee, you must provide us a new eligible payment method promptly or your subscription will be canceled. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

In addition to the uses listed in our Privacy Policy, we may receive your payment information including name, address, and credit card information from our third party payment processor which will be stored in the United States.  If you do not agree with such use or storage, please do not submit such information or make a purchase on the ImPACT Applications Site.

The research content and information ImPACT Applications provides on the ImPACT Applications Site is provided for general educational purposes and is not specific medical, treatment, or scientific advice specific to you, a specific patient or condition, and/or your healthcare activities in your practice. While ImPACT Applications makes every effort to present accurate and reliable research content, ImPACT Applications does not represent, warrant, endorse, approve, or certify any information displayed, uploaded, downloaded or distributed through the ImPACT Applications Site, nor does ImPACT Applications guarantee the accuracy, completeness, efficacy, or timeliness of such information. You should not act upon this information without consulting with an appropriate professional. You should seek the advice of a health care professional in all matters relating to your health and the health of others.

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN OUR TERMS OF USE, IMPACT APPLICATIONS’ TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST SUBSCRIPTION FEE YOU PAID. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR SUBSCRIPTION.

Any dispute or claim relating in any way to these Research Terms, or to any ImPACT Applications Products or the ImPACT Applications Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Research Terms.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 9665 Granite Ridge Drive, Suite 550, San Diego, CA 92123. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, ImPACT Applications will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.