Terms of Use

Last Updated: November 26, 2017

Terms of Use
These terms and conditions of use (“Terms of Use”) comprise a legal agreement between NeuroFlow Inc. (the “Company”) and you, the person accessing and using this website (the “User,” “you,” or “your”) (together, the “Parties”). These Terms of Use set forth the terms and conditions governing your use of: the Company’s websites at www.neuroflowsolution.com and www.neuroflowlive.com (together, the “Websites” and separately, each, the “Website”); the Company’s mobile applications; and any other services rendered to you by the Company (all together, the “Services”).

Please read these Terms of Use carefully before beginning to use the Services. BY USING THE SERVICES, YOU INDICATE THAT YOU HAVE READ, YOU ACCEPT, AND YOU AGREE TO BE BOUND BY, THE TERMS AND CONDITIONS OF THESE TERMS OF USE, WHICH SHALL GOVERN YOUR ACCESS AND USE OF THE SERVICES.

The Services are offered to users aged thirteen (13) years or older. By using the Services, users aged thirteen (13) to eighteen (18) years certify that they have parental consent to do so. By using the Services, you both represent and warrant that you meet the eligibility requirements for use of the Services. If you do not meet these requirements, you must not access or use the Services.
In consideration of the mutual promises and agreements contained in these Terms of Use and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), you and the Company agree as follows:

Purpose and Website Services
The Services are made available to you with the purpose of providing you with information, and should in no way be used as an alternative to medical treatment. The Services are not a medical device, treatment, service, or substitute. The Services are not intended to diagnose, cure, treat, or prevent any disease or mental illness. The Services should not be used in place of medical treatment by a licensed professional. If you are concerned about your mental or physical health, please see a licensed professional. The Company is not responsible for any health problems you may have or develop before, during, or after the use of the Services.

Changes to the Terms of Use
The Company reserves the right to modify or replace the Terms of Use, with or without notice to you, and recommends that you review the Terms of Use regularly[PAJ1] . You may access the current version of these Terms of Use at www.neuroflowsolution.com/terms-of-use. Use of the Services after any modification to or replacement of the Terms of Use comes into effect will be deemed an indication that you have read and accepted, and agree to be bound by, the updated Terms of Use.

Suspension of Access and Termination
The Company, at its sole discretion, may suspend or terminate some or all access you have to the Services at any time for any reason without prior notice. If your access to the Services is terminated for any reason, you are still bound by the Terms of Use set forth herein.

YOU HOLD THE COMPANY HARMLESS AND WAIVE ANY CLAIMS RELATED TO OR ARISING OUT OF COMPANY’S DENYING YOU ACCESS TO THE SERVICES FOR ANY REASON.

Accounts and Passwords
To access and use certain features of the Services, you will need to create an account. As part of the process to create, register, and maintain your account, you agree to provide the Company with certain current, complete, and accurate registration information that has been requested by the Company during the account registration or renewal process.
In this case, “Personal Information” means any information about an identifiable individual, such as your name, email address, mailing addresses, gender, date of birth, and any other data about you that you elect to provide electronically through the Websites and any other information that identifies who you are. You agree that all information you provide during your use of the Services is governed by the Company’s Privacy Policy at http://www.neuroflowsolution.com/privacy-policy and you consent to all actions taken consistent with the Company’s Privacy Policy. You expressly consent to the collection, storage, use, and disclosure of your Personal Information, all as performed according to the Company’s Privacy Policy.
You agree that you will (1) provide, maintain, and update the information associated with your account such that said information is kept current, complete, and accurate; (2) treat passwords and other account identifying information assigned to you as a result of any registration or account creation with the Websites as confidential; and (3) be responsible for all activities that occur under your account.

The Company, at its sole discretion, reserves the right to disable or terminate any account, or request the change of any username or password, at any time if the Company feels these Terms of Use have been violated.

License and Intellectual Property Rights
The Company hereby grants you a limited, non-exclusive, non-transferrable, and revocable right and license to (1) access the Services in accordance with these Terms of Use; (2) access, view, and print any information and documentation purposely made available by the Company for downloading from the Websites, including the data that results from your use of the Services, provided that you (a) make no modifications to this information, (b) comply with the Privacy Policy and any applicable laws governing the data, and (c) do not remove any notice language the Company has placed on the documents.
Except for the limited license and rights expressly granted to you in this Terms of Use or as otherwise agreed in writing by the Parties, you are not granted any other license or rights, whether express or implied, by estoppel, or otherwise in any patent, trademark, copyright, or other intellectual property or proprietary right of the Company or any other third party. The Company may terminate this license at any time for any reason.

The Websites and their contents, features, and functionality are owned by the Company, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All text, images, data, content, photographs, audio files, graphics, user interfaces, visual interfaces, trademarks, logos, sounds, music, illustrations, descriptions, artwork, computer code, and all other material (collectively, the “Content”), including without limitation design, layout, structure, selection, coordination, expression, “look and feel,” arrangement, and combination of the Content, contained or made available on the Websites, is owned, controlled, or licensed by the Company, and is protected by trade dress, service mark, trademark, copyright, patent laws, and various other intellectual property rights and unfair competition laws in the United States and other countries.

Except as expressly provided herein, no part of the Websites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, or modified in any way, or uploaded to any other computer, server, website, or other medium for publication or distribution or for any other commercial enterprise, without the Company’s prior express written consent. Notwithstanding the prior statement, any doctor, physician, or other licensed medical professional using the Services as part of delivering medical services may utilize their patient’s information provided on the Websites with the patient’s consent. Any personal user may utilize their own information for their personal, non-commercial use only.

Except as expressly provided herein, no part of the Websites, Services or Content may be used for the benefit of any third party, or sold, offered for sale, re-sold, or offered for re-sale to any third party. By accessing the Services, you agree not to reverse-engineer any part of the Websites, Services, Content, or software, or to use or attempt to use third parties to reverse-engineer any part of the Websites, Services, Content, or software.

The Company may change, delete, update, or replace the Content at any time. The Content is available for informational purposes only and is not binding on the Company.

Should you choose to provide any content, information, data, or other materials to the Company on or through the Websites or Services, including by contacting the Company, providing comments or ideas about the Websites, or providing your biometric data (together, the “User Content”), you agree to grant the Company a non-exclusive, transferrable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to use, copy, reproduce, modify, adapt, edit, translate, publish, perform, display, and keep any such User Content without payment or restriction. If you make User Content available, you represent that you have the right to make said User Content available, and are responsible and liable for said User Content.

Use Restrictions, Access to the Websites, and Account Security
You may use the Websites and their Services only for lawful purposes and in accordance with these Terms of Use. You agree not to:
(1) use the Websites in any way that violates any applicable local, state, federal, or international law or regulation;
(2) send, knowingly receive, upload, download, use, or re-use any data, information, Content, or part of the Websites or Services for any purpose besides personal, non-commercial use, unless expressly authorized by the Company to do so;
(3) impersonate, or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with the aforementioned);
(4) engage in any conduct that may harm the Company or other users of either Website or expose them to liability;
(5) use the Websites to post or transmit any files which contain viruses, worms, Trojan horses, or other code that manifests contaminating or destructive purposes; use the Websites in a manner that could disable, overburden, damage, or impair the Websites; or interfere with any other user’s use of the Websites;
(6) post, store, or transmit data or content that violates or infringes any third party rights; is false, misleading, or inaccurate; is injurious to any third party; or defames, libels, or disparages any third party;
(7) use any robot, spider, or other automatic device, process, or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites, without prior written consent;
(8) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites, the server on which the Websites are stored, or any server, computer, or database connected to the Websites; or
(9) except as expressly permitted by the Terms of Use, provide, disclose, distribute, transfer, sublicense, or assign rights or access to a third party through any means.

By using the Services, you understand and agree that the Company owns and will own any content, information, data, and other materials you provide to the Company on or through the Websites once the content, information, data, or other materials is anonymized in compliance with all applicable laws and with the Company’s Privacy Policy. The Company also owns and will own all data resulting from your use of the Services.

Websites and Services Provided “AS IS”
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR HEREIN AND PERMITTED UNDER ACCEPTABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, AND INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS, ANY CONDITION OR WARRANTY OF MERCHANTABILITY, SECURITY, TITLE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES THAT THE SERVICES WILL BE ACCURATE, RELIABLE, COMPATIBLE WITH YOUR COMPUTER OR DEVICE, OR COMPLETE, OR WILL BE OFFERED OR PROVIDED ON A CONSTANT, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR THAT ANY ERRORS WILL BE CORRECTED, IMMEDIATELY OR OTHERWISE, OR THAT THE WEBSITES OR CONTENT WILL BE VIRUS-FREE OR PROTECT YOUR COMPUTER OR DEVICE FROM DESTRUCTIVE CODE. THE COMPANY WILL MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT IF YOU RELY ON THE SERVICES, YOU DO SO AT YOUR OWN RISK.

Limitation of Liability
THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES, COSTS, OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER OR DEVICE DAMAGE, OR SYSTEM FAILURE, THAT ARE SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES, OR YOUR RELIANCE ON THE SERVICES FOR PERSONAL OR MEDICAL USE FOR ANY REASON WHATSOEVER.
IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL LOSSES, COSTS, AND DAMAGES EXCEED THE LESSER OF THE AMOUNT YOU HAVE PAID THE COMPANY FOR THE PERIOD OF THIRTY-ONE (31) DAYS IMMEDIATELY PRECEEDING THE DATE YOU FILED YOUR CLAIM OR THE AMOUNT OF ONE HUNDRED UNITED STATES DOLLARS (US $100).

By using the Services, you are indicating your understanding that the Company cannot and does not represent, warrant, or guarantee that available files on the Websites will be free of viruses, worms, or other destructive code. Please provide the greatest protection possible from these potential threats by keeping your anti-virus and firewall applications updated. The protection of your computer is your responsibility. THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS, COST, OR DAMAGE RELATED TO ANY VIRUSES, WORMS, TROJAN HORSES, OR ANY OTHER HARMFUL OR DESTRUCTIVE CODE OR PROGRAMS MENTIONED IN THE TERMS OF USE THAT MAY INFECT YOUR COMPUTER SOFTWARE, HARDWARE, OR DATA DUE TO THE USE OF THE WEBSITES OR ANY WEBSITE.

THE ENTIRE RISK AS TO THE RESULTS, PERFORMANCE, AND USE OF THE SERVICES IS BORN AND ASSUMED BY YOU.
In no event shall the Company or any of its respective officers, directors, employees, agents, licensors, successors, and assigns be held liable for any failure to perform its duties hereunder where the failure results from a cause beyond the Company’s reasonable control.

The Services may contain links to other websites. Unless expressly stated otherwise, the Company does not control or endorse such websites, and the Company assumes no responsibility or liability for any loss or damage arising out of their use.

Indemnification
You agree to defend, indemnify, and hold harmless the Company and its respective officers, directors, employees, agents, licensors, successors, and assigns from and against any claims, actions, demands, losses, liabilities, damages, costs, judgments, awards, expenses, or fees (including without limitation attorneys’ fees) arising out of or relating to your use of the Services or any information obtained from the Websites, or breach of these Terms of Use.

Governing Law, Jurisdiction, and Venue
All matters arising out of or relating to the Services, materials or content available on the Websites, or these Terms of Use shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania, without giving effect to any conflict or choice of law provisions. Each party hereby submits to the jurisdiction of the state and federal courts of Pennsylvania for the resolution of any such disputes, and waives any objection to the propriety or convenience of venue in such courts.

Severability
The illegality, invalidity, or unenforceability of any part of these Terms of Use shall not affect the legality, validity, or enforceability of the remainder of these Terms of Use. If any part of these Terms of Use shall be found to be illegal, invalid, or unenforceable, then these Terms of Use shall be given such meaning as would make these Terms of Use legal, valid, and enforceable.

No Waiver
The Company’s failure to enforce any provision of these Terms of Use shall not be construed to be a waiver of such provision or of the Company’s right thereafter to enforce such provision or any other provision of these Terms of Use.

Contact Us
If you have any questions about the Terms of Use, or would like to provide us with other comments, feedback, or questions, please contact us at info@neuroflowsolution.com. Your satisfaction and communications are important to us, so we look forward to hearing from you.