Terms & Conditions
Terms of SERVICE
1. ACCEPTANCE OF TERMS
Welcome to NeuroMedica.com. NeuroMedica.com provides its service to you, subject
to the following Terms of Service ("TOS"), which may be updated by us from time
to time without notice to you. In addition, when using particular
NeuroMedica.com services, you and NeuroMedica.com shall be subject to any posted
guidelines or rules applicable to such services which may be posted from time to
time. All such guidelines or rules are hereby incorporated by reference into the
TOS.
2. DESCRIPTION OF SERVICE
NeuroMedica.com currently provides users with access to a website (the
"Service") that is expressly intended for the purpose of evaluating
NeuroMedica.com's products and services. NeuroMedica.com does not acknowledge or
advocate the use of the Service for any other purpose. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service shall be
subject to the TOS. You understand and agree that the Service is provided
"AS-IS" and that NeuroMedica.com assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user records or personalization
settings.
You are responsible for obtaining access to the Service and that access may
involve third party fees (such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees associated with the
display or delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
Service's registration form (such information being the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or NeuroMedica.com has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or
incomplete, NeuroMedica.com has the right to suspend or terminate your access
and refuse any and all current or future use of the Service (or any portion
thereof).
4. NeuroMedica.com PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. For more information, see our full privacy policy at http://www.neuromedica.com/AboutUs/Privacy.htm.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify NeuroMedica.com of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. NeuroMedica.com cannot and will not be
liable for any loss or damage arising from your failure to comply with this
Section 5.
6. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions
disclosed, submitted or offered to NeuroMedica, Inc. on or by this Site or
otherwise disclosed, submitted or offered in connection with your use of this
Site (collectively, "Comments") shall be and remain NeuroMedica, Inc.'s
property. Such disclosure, submission or offer of any Comments shall constitute
an assignment to NeuroMedica, Inc. of all worldwide rights, titles and interests
in all copyrights and other intellectual properties in the Comments. Thus,
NeuroMedica, Inc. will own exclusively all such rights, titles and interests and
shall not be limited in any way in its use, commercial or otherwise, of any
Comments. NeuroMedica, Inc. is and shall be under no obligation (1) to maintain
any Comments in confidence; (2) to pay to user any compensation for any
Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right
of any third party, including copyright, trademark, privacy or other personal or
proprietary right(s). You further agree that no Comments submitted by you to the
Site will be or contain libelous or otherwise unlawful, abusive or obscene
material. You are and shall remain solely responsible for the content of any
Comments you make.
You agree that NeuroMedica, Inc. may use and/or disclose information about your
demographics and use of the Site in any manner that does not reveal your
identity. By participating in Site sweepstakes, contests, promotions, and/or
requesting promotional information or product updates, you agree that
NeuroMedica, Inc. may use your information for marketing and promotional
purposes.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside.
8. INDEMNITY
You agree to indemnify and hold NeuroMedica.com, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of Content you submit, post, transmit or
make available through the Service, your use of the Service, your connection to
the Service, your violation of the TOS, or your violation of any rights of
another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service.
10. MODIFICATIONS TO SERVICE
NeuroMedica.com reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that NeuroMedica.com shall not be liable to
you or to any third party for any modification, suspension or discontinuance of
the Service.
11. TERMINATION
You agree that NeuroMedica.com, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if NeuroMedica.com believes that you have
violated or acted inconsistently with the letter or spirit of the TOS.
NeuroMedica.com may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice. You agree
that any termination of your access to the Service under any provision of this
TOS may be effected without prior notice, and acknowledge and agree that
NeuroMedica.com may immediately deactivate or delete your account and all
related information and files in your account and/or bar any further access to
such files or the Service. Further, you agree that NeuroMedica.com shall not be
liable to you or any third-party for any termination of your access to the
Service.
12. LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because NeuroMedica.com has no control over such sites
and resources, you acknowledge and agree that NeuroMedica.com is not responsible
for the availability of such external sites or resources, and does not endorse
and is not responsible or liable for any Content, advertising, products, or
other materials on or available from such sites or resources. You further
acknowledge and agree that NeuroMedica.com shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. NeuroMedica.com EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
b. NeuroMedica.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
NeuroMedica.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NeuroMedica.com SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF NeuroMedica.com HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
15. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY
TO YOU.
16. NOTICE
Notices to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
17. TRADEMARK INFORMATION
NeuroMedica.com, the NeuroMedica logo, "Age Management Therapeutics",
"AlphaProgram", other NeuroMedica.com logos and product and service names are
trademarks of NeuroMedica, Inc. (the "NeuroMedica, Inc Marks"). Without
NeuroMedica, Inc's prior permission, you agree not to display or use in any
manner, the NeuroMedica, Inc Marks.
18. GENERAL INFORMATION
The TOS constitute the entire agreement between you and NeuroMedica.com and
govern your use of the Service, superceding any prior agreements between you and
NeuroMedica.com. You also may be subject to additional terms and conditions that
may apply when you use affiliate services, third-party content or third-party
software. The TOS and the relationship between you and NeuroMedica.com shall be
governed by the laws of the State of California without regard to its conflict
of law provisions. You and NeuroMedica.com agree to submit to the personal and
exclusive jurisdiction of the courts of California, including Federal courts
located therein. The failure of NeuroMedica.com to exercise or enforce any right
or provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or the TOS must
be filed within one (1) year after such claim or cause of action arose or be
forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
19. VIOLATIONS
Please report any violations of the TOS to
info@NeuroMedica.com
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