AGREEMENT BETWEEN USER AND NEURANETIX LLC (NEURANETIX)
The Neuranetix Web Site is comprised of various Web pages operated by Neuranetix.
The Neuranetix Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of
the Neuranetix Web Site constitutes your agreement to all such terms, conditions,
and notices.
MODIFICATION OF THESE TERMS OF USE
Neuranetix reserves the right to change the terms, conditions, and notices under
which the Neuranetix Web Site is offered, including but not limited to the charges
associated with the use of the Neuranetix Web Site.
LINKS TO THIRD PARTY SITES
The Neuranetix Web Site may contain links to other Web Sites ("Linked Sites").
The Linked Sites are not under the control of Neuranetix and Neuranetix is not responsible
for the contents of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. Neuranetix is not
responsible for webcasting or any other form of transmission received from any Linked
Site. Neuranetix is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Neuranetix of the site or any
association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Neuranetix Web Site, you warrant to Neuranetix
that you will not use the Neuranetix Web Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use the Neuranetix
Web Site in any manner which could damage, disable, overburden, or impair the Neuranetix
Web Site or interfere with any other party's use and enjoyment of the Neuranetix
Web Site. You may not obtain or attempt to obtain any materials or information through
any means not intentionally made available or provided for through the Neuranetix
Web Sites.
USE OF COMMUNICATION SERVICES
The Neuranetix Web Site may contain bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars, and/or other message or communication
facilities designed to enable you to communicate with the public at large or with
a group (collectively, "Communication Services"), you agree to use the
Communication Services only to post, send and receive messages and material that
are proper and related to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using a Communication Service, you
will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
- Violate any applicable laws or regulations.
Neuranetix has no obligation to monitor the Communication Services. However, Neuranetix
reserves the right to review materials posted to a Communication Service and to
remove any materials in its sole discretion. Neuranetix reserves the right to terminate
your access to any or all of the Communication Services at any time without notice
for any reason whatsoever.
Neuranetix reserves the right at all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or materials, in whole or
in part, in Neuranetix's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Neuranetix does not control
or endorse the content, messages or information found in any Communication Service
and, therefore, Neuranetix specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized Neuranetix spokespersons,
and their views do not necessarily reflect those of Neuranetix.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you download the materials.
MATERIALS PROVIDED TO NEURANETIX OR POSTED AT ANY NEURANETIX WEB
SITE
Neuranetix does not claim ownership of the materials you provide to Neuranetix
(including feedback and suggestions) or post, upload, input or submit to any Neuranetix
Web Site or its associated services (collectively "Submissions"). However,
by posting, uploading, inputting, providing or submitting your Submission you are
granting Neuranetix, its affiliated companies and necessary sublicensees permission
to use your Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat your Submission;
and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. Neuranetix is under no obligation to post or use any Submission you may
provide and may remove any Submission at any time in Neuranetix's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission
as described in this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE NEURANETIX WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NEURANETIX AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE NEURANETIX WEB SITE AT ANY TIME. ADVICE
RECEIVED VIA THE NEURANETIX WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL,
LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL
FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
NEURANETIX AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED ON THE NEURANETIX WEB SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. NEURANETIX AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEURANETIX
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE NEURANETIX WEB SITE, WITH THE DELAY OR INABILITY TO USE
THE NEURANETIX WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE NEURANETIX WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE NEURANETIX WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF NEURANETIX OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION
OF THE NEURANETIX WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE NEURANETIX WEB SITE.
SERVICE CONTACT : FrankHavens@Neuranetix.com
TERMINATION/ACCESS RESTRICTION
Neuranetix reserves the right, in its sole discretion, to terminate your access
to the Neuranetix Web Site and the related services or any portion thereof at any
time, without notice. GENERAL To the maximum extent permitted by law, this agreement
is governed by the laws of the State of Washington, U.S.A. and you hereby consent
to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A.
in all disputes arising out of or relating to the use of the Neuranetix Web Site.
Use of the Neuranetix Web Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Neuranetix as a result of this agreement or
use of the Neuranetix Web Site. Neuranetix's performance of this agreement is
subject to existing laws and legal process, and nothing contained in this agreement
is in derogation of Neuranetix's right to comply with governmental, court and
law enforcement requests or requirements relating to your use of the Neuranetix
Web Site or information provided to or gathered by Neuranetix with respect to such
use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall continue
in effect. Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and Neuranetix with respect to the Neuranetix Web Site
and it supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and Neuranetix with respect to
the Neuranetix Web Site. A printed version of this agreement and of any notice given
in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent an d subject to the
same conditions as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that this agreement
and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Neuranetix Web Site are: Copyright 2009 by Neuranetix LLC and/or
its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
The example companies, organizations, products, people and events depicted herein
are fictitious. No association with any real company, organization, product, person,
or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.