Effective: June 6, 2018
2. Use of the Web Site.
2.1 This Web Site contains material, including but not limited to text, graphics, and images (collectively referred to as the "Content"). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third parties. The Content is protected by United States and foreign intellectual property, any other laws and regulations. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy, or display the Content except as permitted under this Policy. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any authorized copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Policy, you may be subject to penalties, your right to access and/or use the Content and Web Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
2.2 The trademarks, service marks, and logos of the Company (the "Company Trademarks") used and displayed on this Web Site are registered and unregistered trademarks or service marks of the Company. Other company, product, and service names located on the Web Site may be trademarks or service marks owned by third parties (the "Third-Party Trademarks", and, collectively with the Company Trademarks, the "Trademarks"). Nothing on this Web Site or in this Policy should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Web Site without the prior written consent of the Company specific for each such use. The Trademarks may not be used to disparage the Company or any third party, the Company’s or third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any web site is prohibited without the Company’s prior written consent. All goodwill generated from the use of any Company Trademark shall inure to the Company’s benefit.
2.3 You agree not to: (a) take any action that imposes an unreasonable load on the Web Site’s infrastructure, (b) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Web Site or any activity being conducted on the Web Site, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Web Site, (d) delete or alter any material posted on the Web Site by the Company or any other person or entity, or (e) frame or link to any of the materials or information available on the Web Site.
2.4 The Web Site may contain links to third-party web sites ("External Sites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.
We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk, and the Company assumes no responsibility for any damage to you or your property.
2.5 Certain elements of the Web Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by Section 2.1 of the Policy. None of the Content for this Web Site may be retransmitted without the express written consent from the Company for each and every instance.
3. Limited License
All contents on our website, including, but not limited to, pictures, icons, audio and video files, illustrations, designs, and text (collectively, the “Site Content”) and all intellectual property rights therein, are owned, controlled, or licensed by Neurelis, its affiliates or partners or other individuals or organizations and are protected by copyright laws. You may view and copy the Site Content on the public portions of our website only for non-commercial, personal, and informational use. Any copy of the Site Content you copy shall retain all copyright and other proprietary notices in the same form and manner as on the original. Nothing contained herein shall be construed as conferring any license or right under any Neurelis copyright or the copyright of the owner. No other use of the information is authorized without the express written permission of Neurelis or the copyright owner. All other rights reserved.
4. Prohibited Behavior
You are responsible for all information that you upload, post, email or otherwise transmit using this website. You are responsible for respecting the rights of Neurelis and third parties with respect to materials and information that are available through this website and agree not to use or exploit any portion of this website to provide any commercial services, “spam” or other unsolicited communications to third parties or offer any portion of this website to any third party.
Additionally, you shall not use this website to:
Post or transmit any information or material that is defamatory, offensive, indecent, obscene, or unlawful;
Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful components;
Impersonate or misrepresent your affiliation with any entity or person, or otherwise manipulate identifiers that would disguise the origin of any information transmitted to or through this website;
Except as expressly permitted by the rules of this website, post or transmit any unsolicited advertising, promotional materials, junk mail, spam, or any other form of solicitation on this website or through the services;
Violate any applicable law or regulation, including without limitation any local, state, provincial, national or international law, any export control laws, or any regulations promulgated by any state or federal authority;
Access or use password protected, secure or nonpublic areas of this website without authorization; or
Repackage or redistribute any portion of this website.
5. Limitation of Liability and Disclaimer of Warranties.
5.1 THE COMPANY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE "COMPANY PARTIES") MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE COMPANY PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEB SITE AND THE CONTENT AT YOUR OWN RISK. THE COMPANY PARTIES DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR FREE OR THAT THE WEB SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEB SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
5.2 IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.3 Some states and jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such States and jurisdictions, the liability of the Company Parties shall be limited to the greatest extent permitted by law.
You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Policy or your access to, use, or misuse of the Content or Web Site. The Company shall provide notice to you of any such claim, suit, or proceeding. The Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting the Company’s defense of such matter.
7. Termination of the Policy.
7.1 The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate this Policy and/or your access to all or any part of the Web Site or the Content at any time and for any reason, or no reason at all, without prior notice or liability. The Company reserves the right to change, suspend, or discontinue all or any part of the Web Site or the Content at any time without prior notice or liability.
7.2 Sections 2 (Use of the Web Site), 3 (Limitation of Liability and Warranty), 4 (Indemnification), 5 (Termination of Policy), and 8 (Miscellaneous) shall survive the termination of this Policy.
8. User Must Comply With Applicable Laws.
8.1 This Web Site is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Web Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
8.2 The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
8.3 Any information you provide to Company through use of the Web Site may be stored and processed, transferred between and accessed from the United States and other countries which may not guarantee the same level of protection of personal information as the one in which you reside. However, the Company will handle your personal information in accordance with this Policy regardless of where your personal information is stored/accessed.
9. U.S. Government Restricted Rights.
The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Web Site or Content by the Government constitutes acknowledgement of our proprietary rights in the Web Site and Content.
10. Children's Privacy.
We are committed to protecting the privacy of children. We do not knowingly collect personal information from children under the age of 13.
11. Medical Information.
This site may contain information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for the advice of a physician or other health care professional. You should not use this information for diagnosing or treating a health problem or disease. In order for you to make intelligent health care decisions, you should always consult with your physician or other health care provider for your personal medical needs.
12. Updating Your Personal Information and Options.
You may always update your personal information and your preferences. Limited communications may be necessary in order for you to participate in a particular program or service or to receive communications from the Company. Different programs and services may offer different phone numbers, links or preference managers that allow you to inform us of your updates and choices, including opting out of particular communications. These contact options are typically available on our Sites or in the emails or texts we send but you may always contact firstname.lastname@example.org for assistance if you have any difficulty finding these tools or otherwise updating your information or preferences.
This Policy is governed by the internal substantive laws of California, without respect to its conflict of laws and provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the state of California. If any provision of this Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Policy, which shall remain in full force and effect. Failure of the Company to act on or enforce any provision of the Policy shall not be construed as a waiver of that provision or any other provision in this Policy. No waiver shall be effective against the Company unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by the Company and you, this Policy constitutes the entire Policy between you and the Company with respect to the subject matter, and supersedes all previous or contemporaneous Policys, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Policy will inure to the benefit of our successors, assigns, licensees, and sublicensees. Any information submitted or provided by you to the Web Site might be publicly accessible. Important and private information should be protected by you. The Company is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.
Copyright, Neurelis, Inc. 2019