Terms of Use

Last Updated: August 2, 2018

 

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.

 

  1. 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 provide medical advice or 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.

 

  1. Changes to Terms of Use
    The Company reserves the right to modify or replace these Terms of Use, with or without notice to you, and recommends that you review these Terms of Use regularly. 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 these 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.

 

  1. Payments
    By providing a credit card or other payment method that the Company accepts, you represent and warrant that you are authorized to use the designated payment method and that you authorize the Company (or its third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before the Company proceeds with your Order. If a payment is not successfully settled and you do not edit your payment method information or cancel your Order, or account, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated.

     

    You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to your Order or changes in applicable taxes or other charges, and you authorize the Company (or its third party-payment processor) to charge your payment method for the corresponding amount.

 

  1. Suspension and Termination
    The Company, at its sole discretion, reserves the right to (a) suspend, disable, deactivate or terminate your account or your access to certain aspects or all of the Services, at the Company’s sole discretion, at any time and without notice or liability to you, and (b) request the change of any username or password, at any time if the Company feels these Terms of Use have been violated. Upon any such suspension, deactivation, or termination, the Company may delete or remove your Personal Information and other information related to your account. You may close your account by providing 10 day’s advance written notice to the Company at info@neuroflowsolution.com.

 

  1. 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.
    You agree that, in addition to these Terms of Use, all information you provide during your use of the Services is governed by the Company’s Privacy Policy, available at https://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. “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.

     

    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 is not obligated to monitor access or use of the Services or Websites, but the Company has the right to do so for the purpose of operating the Services and Websites, to ensure compliance with these Terms of Use and to comply with applicable law or other legal requirements.  The Company may consult with and disclose unlawful conduct to law enforcement authorities and, pursuant to valid legal process, the Company may cooperate with law enforcement authorities to prosecute users who violate the law.

 

  1. License Granted
    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; and
    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 (i) make no modifications to this information, (ii) comply with the Privacy Policy and any applicable laws governing the data, and (iii) do not change, obscure or remove any copyright or other notice or legend on or within any such documentation.

     

    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.

 

  1. Company’s Intellectual Property Rights
    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 decompile, disassemble, reverse-engineer, prepare derivative works of or modify any part of the Websites, Services, Content, or software, or to use or attempt to use third parties to do any of the foregoing.

     

    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.

 

  1. User Content and User Data
    Except as set forth in this Section 7, you shall retain ownership of any content, information, data, or other materials you provide to the Company on or through the Websites or Services, including by contacting the Company, providing comments or ideas about the Websites, posting on message boards, chat rooms, forums or any other interactive features on either Website or providing your biometric data (together, the “User Content”).  By providing the Company with your User Content, you thereby grant to the Company a non-exclusive, transferrable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to use, copy, reproduce, modify, adapt, edit, translate, publish, distribute, perform, display, create derivative works from, and keep any such User Content, in whole or in part, without payment or restriction. You represent and warrant that you have all the rights necessary to grant the Company a license to use the User Content you provide as described in these Terms of Use.  The rights granted to the Company in this Section 7 are subject to the Company’s Privacy Policy.  YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR ANY USER CONTENT YOU SUBMIT OR CONTRIBUTE, AND YOU, NOT THE COMPANY, HAVE FULL RESPONSIBILITY FOR SUCH CONTENT, INCLUDING ITS LEGALITY, RELIABILITY, ACCURACY, AND APPROPRIATENESS. THE COMPANY IS NOT RESPONSIBLE OR LIABLE TO ANY THIRD PARTY FOR THE CONTENT OR ACCURACY OF ANY USER CONTENT POSTED BY YOU OR ANY OTHER USER OF THE WEBSITES.

     

    All data and information resulting through your use of the Services (together, the “User Data”) shall be owned by the Company, provided that such User Data shall be anonymized and non-identifying.

  1. Use Restrictions
    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 or send offensive or harassing material to another user;
    5. send unsolicited messages to a Company employee or another user;
    6. 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;
    7. 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;
    8. 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;
    9. 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
    10. except as expressly permitted by these Terms of Use, provide, disclose, distribute, transfer, sublicense, or assign rights or access to a third party through any means.

 

  1. Disclaimers
    YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND.   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 warranty that the Services or Websites will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Company makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Services or the Websites.

     

    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, RELIABILITY OR RESULTS 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.

 

  1. Limitation of Liability
    TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS LICENSORS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES, COSTS, OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE 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, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL DIRECT LOSSES, COSTS, AND DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF USE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EXCEED THE LESSER OF THE AMOUNT YOU HAVE PAID THE COMPANY FOR THE PERIOD OF NINETY (90) 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.

    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.

 

  1. 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 (i) your or your Representatives’ use of the Services or any information obtained from the Websites or (ii) your breach of these Terms of Use. As used in these Terms of Use, “Representative” means any person or entity acting on your behalf or using your System to act in any manner prohibited by these Terms of Use. As used in these Terms of Use, “System” means the information technology you use, including without limitation, your hardware, software, network and Internet connectivity, and information, individually or in any combination.

 

  1. Third-Party Content
    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.

 

  1. Assignment
    You may not assign, delegate, or transfer these Terms of Use, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and void.  The Company may freely assign or transfer these Terms of Use without restriction.  Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

  1. 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.

 
 

  1. 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.

 
 

  1. 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. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.   Except as expressly set forth in these Terms of Use, the exercise by either Party of its any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise.

 
 

  1. Feedback
    Any suggestions, comments or other feedback you give the Company about the Services will be the Company’s confidential information. The Company is free to use, disclose, reproduce, license, distribute and exploit this feedback as the Company sees fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.

 
 

  1. Contact Us
    Your satisfaction and communications are important to the Company. If you have any questions about these Terms of Use, or would like to provide the Company with other comments, feedback, or questions, please contact the Company at info@neuroflowsolution.com.