Terms of Service
Last Modified: February 8, 2017
Thank you for using the RobertoTM web site (the "Roberto Site") and the Roberto brain performance monitoring application (the "Roberto Test"). The Roberto Site and the Roberto Test were created by Home Base Impairment Company, Inc. ("HBIC" or "we"). These Terms and Conditions govern the use of the Roberto Site and the Roberto Test by any individual and on any computer or mobile device and define and limit the relationship between you and HBIC.
If for any reason you do NOT agree to be bound by these Terms and Conditions, you must NOT use, and/or immediately STOP using, the Roberto Site, and/or immediately STOP taking the Roberto Test.
Consent to the Terms and Conditions and Account Registration
These Terms and Conditions apply to:
a. Users of the Roberto Site; b. Takers of the Roberto Test; c. Individuals whose payment details are used to pay for subscriptions to the Roberto Test; and d. To any Minor (as hereinafter defined) who is authorized to use the Roberto Site or to take the Roberto Test by that Minor's parent or guardian.
The above shall hereafter be collectively referred to as, "you".
- B. Use of the Roberto Site and the Roberto Test by Minors Children under 18, or under the age of majority in their jurisdiction of residence ("Minors") may use the Roberto Site and the Roberto Test, but use by such Minors can only be done with the expressed consent of that Minor's parent or guardian, and should be done with their guidance and supervision. We rely on parents and guardians to ensure Minors only use the Roberto Site and the Roberto Test if they can understand their rights and responsibilities as stated in these Terms and Conditions. If you are a parent or guardian and you provide your consent to a Minor's use of the Roberto Site and the Roberto Test, you agree to have such Minor's use of the Roberto Site and the Roberto Test bound by these Terms and Conditions. ONLY A PARENT OR OTHER GUARDIAN OF A MINOR IS AUTHORIZED TO ENROLL SUCH MINOR TO TAKE THE Roberto TEST OR TO VIEW THE Roberto SITE. AS SUCH, IT IS THE PARENT'S OR GUARDIAN'S SOLE RESPONSIBILITY TO REVIEW ALL CONTENT OF THE Roberto SITE AND THE Roberto TEST, AS WELL AS ALL OF THE INFORMATION COLLECTED FROM THE Roberto TEST, PRIOR TO ENROLLING THE MINOR OVER WHICH THEY HAVE AUTHORITY. IF FOR ANY REASON THE PARENT OR GUARDIAN DOES NOT WANT THE MINOR TO TAKE THE Roberto TEST, THE PARENT OR GUARDIAN MUST NOT ENROLL THAT CHILD. HOWEVER, IF THE PARENT OR GUARDIAN ENROLLS A MINOR OVER WHICH THEY HAVE AUTHORITY, THE PARENT OR GUARDIAN IS AUTHORIZING HBIC TO COLLECT PERSONAL INFORMATION FROM THAT MINOR, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION (defined infra) AND PERFORMANCE RESULTS FROM THE Roberto TEST, AND TO TREAT THAT MINOR AS A CONSENTING ADULT.
- Account Confidentiality You agree that you have the responsibility for maintaining the confidentiality and security of your Account Information. You agree to notify HBIC immediately of any unauthorized use of your Account Information.
- No Guarantee of Availability of Games. As part of our process of continuously improving the Roberto Site and the Roberto Test, HBIC may retire certain games or features, or enable new games or features. HBIC reserves the right to make modifications to the Roberto Site and the Roberto Test at its sole discretion.
- A. The Roberto Test is only available through the Roberto Site. Accessing the Roberto Test by any other means or through any other site is strictly prohibited, unless otherwise authorized by HBIC. Such a non-authorized use is deemed to be an infringement on HBIC's intellectual property. HBIC will pursue such infringements to the fullest extent of the law.
- B. The Roberto Site and the Roberto Test, including, but not limited to, text, graphics, games, software and images (individually and collectively the "Content"), is proprietary and protected by copyright laws, trademarks, service marks, and other intellectual property laws and treaties. The Roberto Site and the Roberto Test are also protected as a collective work or compilation under copyright and other laws and treaties. You agree to abide by all applicable patent, trademark, copyright and other laws, as well as any additional copyright notices or restrictions. You agree that, without our prior written consent, you may not download, copy or store the Content in any form, and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any of the Content. You acknowledge that the Roberto Site and the Roberto Test has been developed, compiled, prepared, revised, selected, and arranged by HBIC. The application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money constitutes valuable intellectual property of HBIC. You agree to protect the proprietary rights of HBIC during and after the term of this agreement, and to comply with all reasonable written requests made by HBIC or its suppliers and licensors of content or otherwise ("Suppliers") to protect their and others' contractual, statutory, and common law rights in the Roberto Site and the Roberto Test. You agree to notify HBIC immediately upon becoming aware of any unauthorized access or use of the Roberto Site and/or the Roberto Test by any individual or entity, or of any claim that the Roberto Site and/or the Roberto Test infringes upon any patent, copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Roberto Site and the Roberto Test shall, as between you and HBIC, at all times be and remain the sole and exclusive property of HBIC.
- C. You may not use any of HBIC's trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to, or are associated with, you or, except as otherwise provided herein, are used with HBIC's consent, and you acknowledge that you have no ownership rights in or to any of such items. You agree that all past, present and future data and algorithms associated with the Roberto Site and/or the Roberto Test, and associated with HBIC's servers related directly or indirectly with the Roberto Site and/or the Roberto Test, are the intellectual property of HBIC, as well as HBIC's "trade secrets" as defined, without limitation, in the Pennsylvania Uniform Trade Secrets Act.
- D. As of the date of these Terms and Conditions, "Roberto", "HBIC", "Thermometer for the brain" and "Just Play the Game", are trademarks and/or service marks of HBIC. Also, HBIC has a patent pending regarding the Content.
Your License to Use the Roberto Site and/or the Roberto Test
- A. HBIC provides you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and make personal and non-commercial use of the Roberto Site and the Roberto Test, subject to these Terms and Conditions. This license is available to you as long as you are not barred from the Roberto Site and/or the Roberto Test by applicable law, or your account is not terminated by HBIC or by you.
- B. If these Terms and Conditions are not enforceable where you are located, you may not use the Roberto Site or the Roberto Test. HBIC reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under all applicable laws.
Free Trial Period
HBIC may, from time to time, and at its sole discretion, offer a free trial period ("Free Trial") that permits individuals to have access to the Roberto Test. The scope of the Free Trial will be decided by HBIC. The terms of access for this Free Trial are provided on the Roberto Site. If you wish to subscribe to HBIC's Free Trial, you will have access to certain features of the Roberto Test which shall be made available at HBIC's own discretion during the Free Trial, free of charge, provided that you agree to the following:
- 1) You agree to submit to HBIC your valid e-mail account and any other personal information which HBIC may choose to request for this purpose;
- 2) The Free Trial will commence on the day and time you have submitted the aforesaid information to HBIC (the "Commencement Date");
- 3) In order to assess the value or functionality of the Roberto Test, HBIC grants you one (1) Free Trial, which consists of unlimited testing for a limited period of time (e.g., for a 7 calendar day period beginning on the Commencement Date);
- 4) Access to the Roberto Test will be suspended immediately if determined by HBIC, in its sole discretion, that you had registered for more than one Free Trial; and
- 5) While only one "Free Trial" is available per household, that Free Trial can be used by multiple individuals.
- B. You hereby authorize HBIC to use the results of your Free Trial in any way that it sees fit, even if those results are not reported to you.
- A. HBIC may, from time to time, and at its sole discretion, offer a free trial period ("Free Trial") that permits individuals to have access to the Roberto Test. The scope of the Free Trial will be decided by HBIC. The terms of access for this Free Trial are provided on the Roberto Site. If you wish to subscribe to HBIC's Free Trial, you will have access to certain features of the Roberto Test which shall be made available at HBIC's own discretion during the Free Trial, free of charge, provided that you agree to the following:
- A. Access to the Roberto Test beyond the Free Trial period, if any, is available only through a paid subscription to Roberto Test. The cost of a subscription is set on the Roberto Site. HBIC has the sole discretion of setting and changing the subscription cost and/or for providing any discounts or coupons.
- B. A valid credit card is required to pay for subscription services. Total subscription cost(s) will be clearly indicated before the credit card transaction is completed.
- C. Upon becoming a paid subscriber, HBIC will automatically bill the subscriber's credit card account on each anniversary date of the initial paid subscription until the subscription is cancelled by the subscriber as set out in Section 6, or by HBIC. In other words, SUBSCRIBER'S CREDIT CARD WILL BE CHARGED AUTOMATICALLY FOR A NEW SUBSCRIPTION ON EACH ANNIVERSARY DATE OF THEIR SUBSCRIPTION'S BILLING CYCLE UNTIL THE SUBSCRIPTION IS CANCELLED BY THE SUBSCRIBER AS SET OUT IN SECTION 6, OR BY HBIC.
- D. Subscribers may access the Roberto Test from multiple devices. However, each subscriber will be limited to logging on to Roberto one device at a time. HBIC reserves the right to change this policy at any time.
- A. While we hope you enjoy using the Roberto Test, you may cancel your account at any time by logging into the Roberto Test and accessing your personal account link on the Roberto Site or contacting HBIC customer service VIA E-MAIL at: Support@Roberto.com. For account security reasons, we DO NOT accept cancellation requests via telephone. All cancellations require 5 days' notice before they become effective.
- B. For information about the availability of refunds after a cancellation by a subscriber, please review HBIC's Refund Policy set out in Section 7 of these Terms and Conditions.
- C. HBIC reserves the right to limit or terminate your account if we believe you are in violation of these Terms and Conditions.
- A. HBIC will provide a full refund of a subscription, less a $25 processing fee, to subscribers who cancel within 72 hours after successfully making that subscription's payment (the "Refund Period"). The $25 fee is necessary for manually processing new subscription cancellations which includes the removal of all registration information from HBIC's records.
- B. HBIC will not provide a refund of the subscription fee to subscribers who cancel their subscription after the Refund Period. Any cancellation made after the Refund Period becomes effective on the last day of that subscription period. As such, for all cancellations made after the Refund Period, the subscriber will have full access to the Roberto TEXT through the remaining portion of that subscription period. No processing fee will be assessed by HBIC for any subscriber who cancels their subscription after the Refund Period.
Your Content and Feedback
- A. Some sections of the Roberto Site, either now or in the future, may allow you to post or submit content and materials for publication on the Roberto Site. You are solely responsible for all content and materials that you post or submit to the Roberto Site for such purposes ("Your Content"), and acknowledge that once published, Your Content cannot always be withdrawn. When using the Roberto Site, you should not download or otherwise make available any material from the Roberto Site without our expressed written consent.
- B. By uploading Your Content to the Roberto Site, you are representing that you own Your Content, and that you will indemnify HBIC, its subsidiaries, and affiliates for all claims resulting from Your Content.
- C. You assume all risks associated with Your Content, and HBIC takes no responsibility and assumes no liability for any content you submit. HBIC may, but is not required to, monitor the content on the Roberto Site using any means to screen, block, filter, edit or remove content, including Your Content. HBIC may terminate or suspend users' accounts or delete, edit or remove any of Your Content that HBIC, in its sole discretion, deems illegal, offensive, abusive, in violation of our policies, or otherwise inappropriate or unacceptable.
- D. For Your Content, you agree that HBIC, its subsidiaries, and affiliates have a non-exclusive, transferrable, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display Your Content throughout the world in any form, media, or technology now known or hereafter developed. You assign HBIC the right to pursue enforcement of copyright and other intellectual property claims against third parties that have, without authorization, and in violation of these Terms and Conditions, scraped, copied, or distributed content from the Roberto Site that has been provided to us by you and for which you have not granted such third parties a separate license to use.
- E. HBIC appreciates it when you provide feedback through our customer service, by e-mail or social media features. That being said, you need to know that, by doing so, you are authorizing HBIC the right to use any feedback, comments, or suggestions without any obligations to you, and in any way that HBIC sees fit.
Disclaimer of Warranties; Limited Liability of HBIC
- A. Neither the Roberto Test nor the Roberto Site constitutes medical advice. Rather, the Roberto Test and the Roberto Site are provided for informational purposes only. Regardless of any information found or reported on the Roberto Site, or any results from the Roberto Test, you should seek professional medical advice, diagnosis, and/or treatment for any and all medical conditions you think you may have. In the event you believe you have suffered a brain injury, or some other medical condition, you should immediately seek professional medical advice. If you are suffering from symptoms that may be related to a concussion or some other serious medical condition, you should immediately stop using the Roberto Site and/or the Roberto Test, and call 911 and/or immediately seek professional medical attention.
- B. The Roberto Site and the Roberto Test require the transmission of your personal data through third-party communication networks. The Roberto Site and the Roberto Test also require the use of third-party servers for data storage and computational purposes. Since such third-party communication networks and third-party servers are beyond the control and supervision of HBIC, we cannot, and will not, assume any liability for, or relating to, the delay, failure, interruption, corruption, or loss of any data transmitted in connection with use of the Roberto Site and/or the Roberto Test.
- C. The Roberto Site, the Roberto Test, and the results received as a result of the use of both the Roberto Site and the Roberto Test are provided to you on an "AS-IS," and "WHERE-IS" basis.
- D. HBIC MAKES NO WARRANTY AS TO THE Roberto SITE, THE Roberto TEST, THE OPERATION OF THE Roberto SITE, OR TO ANY SERVICES PROVIDED BY HBIC THROUGH THE Roberto SITE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, SATISFACTORY QUALITY, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. IN NO EVENT WHATSOEVER WILL HBIC OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES, AS WELL AS ANY OF ITS SUBCONTRACTORS, LICENSORS OR AFFILIATES, BE LIABLE TO ANY THIRD PARTY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE Roberto SITE, THE Roberto TEST OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO, THE LOSS OF USE OF THE Roberto SITE, THE Roberto TEST, INACCURATE RESULTS, LOSS OF PROFITS OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, INCLUDING, WITHOUT LIMITATION, CLAIMS RELATED TO DIAGNOSTIC ACCURACY AND/OR MEDICAL MALPRACTICE OR PERSONAL INJURY), EVEN IF HBIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- E. HBIC AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY RELATED TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE Roberto SITE, THE Roberto TEST, ARTICLES PROVIDED THROUGH THE Roberto SITE, LINKS THAT MAY APPEAR ON THE Roberto SITE AND OTHER MATERIALS THAT MAY BE MADE AVAILABLE TO ANYONE ON THE Roberto SITE.
- F. HBIC MAINTAINS THE Roberto SITE AND THE Roberto TEST ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL HAVE ACCESS TO EITHER. THE Roberto SITE AND THE Roberto TEST MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. YOU WILL NOT HOLD HBIC RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF (OR LOSS OF ACCESS TO OR LOSS OF USE OF) THE Roberto SITE AND THE Roberto TEST, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS, DEVICES, OR DATA. EXCEPT AS PROVIDED IN THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHT, BASED IN PROPERTY OR OTHERWISE, TO ANY DATA CREATED THROUGH OR GENERATED BY YOUR ACCESS TO OR USE OF THE Roberto SITE AND THE Roberto TEST.
- G. YOU ACKNOWLEDGE THERE IS A RISK OF DATA LOSS, INCLUDING CATASTROPHIC DISK FAILURE, WHICH COULD RESULT IN A LOSS OF ALL DATA. YOU AGREE THAT YOU WILL NOT HOLD HBIC RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGE THAT RESULTS FROM SUCH LOSS.
- H. HBIC STRIVES TO MAKE THE Roberto SITE AND THE Roberto TEST ACCESSIBLE ON MANY WEB BROWSERS AND DEVICES; AND HBIC MAY UPDATE THE TECHNOLOGIES THAT WE USE FOR THE SAME. BECAUSE TECHNOLOGIES VARY WIDELY AND RAPIDLY CHANGE, HBIC IS NOT ABLE TO GUARANTEE THAT THE Roberto SITE AND THE Roberto TEST WILL FUNCTION ON ALL SYSTEMS OR NETWORK SERVICES EITHER NOW OR FOR FUTURE VERSIONS OF THE Roberto SITE AND THE Roberto TEST. YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR EQUIPMENT AND NETWORK FUNCTION WITH THE Roberto SITE AND THE Roberto TEST.
- I. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL HBIC, OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO THE Roberto SITE AND THE Roberto TEST FOR (A) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID YOU TO SUBSCRIBE TO THE Roberto TEST; (B) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING, WITHOUT LIMITATION, GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF THE Roberto SITE AND/OR THE Roberto TEST; OR (C) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. HBIC DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE Roberto SITE, AND WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- J. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN HBIC AND YOU. YOU UNDERSTAND THAT THE Roberto SITE AND THE Roberto TEST WOULD NOT BE PROVIDED TO YOU WITHOUT YOUR COMPLETE ACCEPTANCE OF SUCH LIMITATIONS. IF APPLICABLE LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES SET OUT ABOVE, THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- A. A. HBIC believes that protecting the privacy of Minors is important. Although the content on the Roberto Site and the Roberto Test may be used by a Minor, including by a child under the age of thirteen, neither the Roberto Site nor the Roberto Test are designed to attract such Minors, especially those under the age of thirteen.
- B. It is HBIC's intent and directive to comply with all laws pertaining to the protection of a Minor's privacy, including, without limitation, the Children's Online Privacy Protection Rule (16 CFR 312).
- C. Regarding the privacy of all Minors who access the Roberto Site and who use the Roberto Test, it is the responsibility of that Minor's parent or guardian to provide prior consent to such access or use. For a more detailed explanation of the parent's or guardian's responsibilities regarding a Minor's right to access the Roberto Site and/or to use the Roberto Test, refer to Section 1.B. of these Terms and Conditions.
Use of Roberto Test and Roberto Site
- A. Use of the Roberto Site and the Roberto Test are governed by these Terms and Conditions. The Roberto Site, the Roberto Test and many or all of the other materials provided to you on the Roberto Site are protected by the laws of the United States and foreign countries regarding copyrights, trademarks and/or service marks. All right, title and interest in and to the Roberto Site and the Roberto Test shall remain solely with HBIC. Any use of the Roberto Site, the Roberto Test and/or the materials made available to anyone on the Roberto Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, patent and other laws. HBIC reserves the right to alter, change or modify the Roberto Site and/or the Roberto Test, without notice.
- B. In the event you should violate any of these Terms and Conditions, your license to use the Roberto Site and the Roberto Test shall automatically and immediately terminate.
Issuance and Use of Your Roberto Username and Password
- A. Upon registering to take the Roberto Test, you will establish your personal and unique username and password. Your username and password will also allow you to take the Roberto test, as well as to provide and store certain information on the Roberto Site. Once you have established your username and password for the Roberto Test, you shall be solely responsible for taking all reasonable steps to ensure that no unauthorized person shall gain access to the same.
- B. You shall be solely responsible for the safekeeping of your username and password, authorizing use of your username and password, contacting HBIC immediately upon learning of a misappropriation of your username and/or password and/or your request to deactivate your username and password. You grant HBIC and all other persons or entities involved in the operation of the Roberto Site and the Roberto Test the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Roberto Site and the Roberto Test.
Roberto Subscription Services
- A. In the event you choose to subscribe to take the Roberto Test, you will be required to submit Personally Identifiable Information to HBIC through the Roberto Site.
- B. In the event you should chose to subscribe to the Roberto Test, you will also be required to provide a valid credit card number at the time you purchase your subscription. You agree to pay any and all charges resulting from your purchase of the Roberto Test subscription; and, by providing information regarding your credit card, you represent and warrant that you are the authorized user of the credit card. Any charges that you agree to pay are exclusive of any and all applicable sales and other taxes that may be imposed by any state or locality. You agree that HBIC may submit information regarding your credit card and related personally identifiable information to HBIC's service provider(s) solely for their use in charging you for the purchase of the Roberto Test subscription. HBIC reserves the right to modify the pricing of the Roberto Test with or without notice.
How We Use Your Information at HBIC
In addition to the Personally Identifiable Information you provide to us when you use the Roberto Site and the Roberto Test, we may also collect and store information about the computer, mobile device, or other devices you use to access the Roberto Site and the Roberto Test and about how you use the Roberto Site and the Roberto Test. We may also collect and store information such as your browser type, IP address, language, operating system, unique device identifier, the date and time of your visit, the pages you view and the websites you visited immediately before and after visiting the Roberto Site.
As for those who take the Roberto Test, we also may collect and store information regarding your performance and/or how efficiently you complete the Roberto Test, as well as how your performance compares to your earlier performances. We may collect and store information about you including your general and current physical/mental conditions prior to taking the Roberto Test.
- B. We use the information we collect to operate and provide you with the Roberto Site and the Roberto Test. This includes, but is not limited to, the following: (1) Authenticating your login and processing your payments; (2) Personalizing your Roberto Site and your Roberto Test experience; (3) Allowing you to monitor your performance and progress in the Roberto Test through the Roberto Site, by, for example, presenting charts, graphs and/or reports of your performance to you; (4) Customizing and delivering information about our products and services to you by email; (5) Providing customer service and sending confirmations to you about your account; (6) Protecting our intellectual property or other rights; and (7) Managing and improving our business, our tests, our products, and our services.
- C. You can opt out of receiving most emails by changing your preferences on the Email Notifications page of your account profile, but we reserve the right to email you to confirm transactions or to address account issues, such as when you make a purchase, or you request a reset password.
- D. We also reserve the right to use non-personal information (e.g., de-identified or aggregate data) for any purpose. For example, we may show aggregate performance measures to users to allow them to evaluate their performance against other Roberto Test takers. Also, we may disclose performance statistics to collaborators to evaluate, study, and improve the effectiveness of our programs or human cognition more generally. In these situations, all data is disclosed either in aggregate form or with information that can identify you removed. In addition, when we work with collaborators, we contractually prohibit them from attempting to re-identify individuals from data that has been de-identified.
- A. In addition to the Personally Identifiable Information you provide to us when you use the Roberto Site and the Roberto Test, we may also collect and store information about the computer, mobile device, or other devices you use to access the Roberto Site and the Roberto Test and about how you use the Roberto Site and the Roberto Test. We may also collect and store information such as your browser type, IP address, language, operating system, unique device identifier, the date and time of your visit, the pages you view and the websites you visited immediately before and after visiting the Roberto Site.
- Links to Other Sites and Advertisements HBIC may provide links to third-party web sites on the Roberto Site. HBIC shall not be responsible for the content provided through third-party sites linked to the Roberto Site, and does not make any representations regarding their content, accuracy or non-infringement. You agree that your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
- Indemnification You agree to defend, indemnify, and hold harmless HBIC, or any of its officers, directors, shareholders, employees, agents, representatives, subcontractors, licensors or affiliates, harmless from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable attorney's and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
- Irreparable Injury You agree that any actual or threatened breach of these Terms and Conditions, or infringement of proprietary or other third party rights by you, would cause irreparable injury to HBIC and would, therefore, entitle HBIC to injunctive relief against you, without any additional showing of irreparable injury or harm.
- Medical Disclaimer The Roberto Site and the Roberto Test are not attempts to practice medicine or provide specific medical advice or diagnosis. Use of the Roberto Site and the Roberto Test does not establish a doctor-patient relationship. Any health information and links on the Roberto Site, whether provided by HBIC or by contract from outside providers, is provided simply for your convenience.
Waiver of Class Action Claims and Waiver of Jury Trial
- A. PLEASE READ THIS SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING THE MANNER IN WHICH YOU MAY FILE A LAWSUIT IN COURT.
- B. CLASS ACTION WAIVER. You and HBIC agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You further agree with HBIC that neither you nor HBIC will join any dispute with the claim of any other person or entity in a lawsuit, arbitration or other proceeding; that no dispute will be resolved on a class-wide basis; that neither you nor HBIC will assert a dispute in a representative capacity on behalf of anyone else; and both parties expressly waive their right to file a class action or seek relief on a class basis.
- C. WAIVER TO JURY TRIAL. You and HBIC also hereby waive the right to a jury trial for any and all disputes between the parties.
- A. Exclusive jurisdiction for any dispute between you and HBIC, or in any way relating to your use of the Roberto Site and/or the Roberto Test, shall be solely and exclusively in the state and federal courts of Allegheny County, Commonwealth of Pennsylvania. You agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts located in Allegheny County, Commonwealth of Pennsylvania in connection with any such dispute.
- B. These Terms and Conditions and the rights, obligations, liabilities, and responsibilities of the parties hereto, shall be governed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, without reference to the conflicts of laws principles of that or any other jurisdiction. The invalidity of any provision of these Terms and Conditions by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
- C. All notices required to be sent hereunder will be in writing and will be deemed to have been given when mailed by first class mail, postage prepaid, certified or registered, return receipt requested, or by nationally recognized overnight courier, to the parties at the addresses first set forth below, or at such other address as the applicable party may designate in writing.
- D. The waiver by either party of any default or breach of these Terms and Conditions will not constitute a waiver of any other or subsequent default or breach. No act, delay or omission on the part of either party will be deemed a waiver unless expressly made in writing.
- E. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and enforceable. A waiver by either party of any term or condition in these Terms and Conditions, or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- F. These Terms and Conditions may be updated from time to time. If HBIC makes material changes, HBIC will provide advance notice to you either by email, by posting a notification on the Roberto Site, or by posting an updated set of Terms and Conditions on the Roberto Site. Please note that, for existing users, unless otherwise provided by applicable law, your continued use of the Roberto Site and the Roberto Test following the effective date of the updated Terms and Conditions means that you agree with, and consent to be bound by, the same.
- G. Both parties agree that these Terms and Conditions are the complete and exclusive statement of the mutual understanding of the parties, and supersede all previous written and oral agreements relating to the subject matter of these Terms and Conditions, and that all modifications to these Terms and Conditions must be in a writing signed by both parties. If there is any conflict between these Terms and Conditions and any additional terms, conditions, and rules posted by HBIC on the Roberto Site and/or the Roberto Test, these Terms and Conditions shall govern, unless otherwise indicated.
- H. Questions or comments regarding the Roberto Site or the Roberto Test, including any occurrences of malfunctioning of the Roberto Site and/or the Roberto Test, should be submitted to Home Base Impairment Company, Inc., 425 Mill Street, Coraopolis, PA 15108.
- I. Sections 1 through 5 and 7 through 21 of these Terms and Conditions shall survive any termination of these Terms and Conditions.