Terms of Use
Effective date: 11/08/2021
Welcome and thank you for visiting! Please read these Terms of Use (“Terms”) carefully because they contain important terms and conditions that affect your legal rights and obligations. These Terms are a binding contract between you and NeuraLace Medical, Inc. (“NeuraLace Medical,” “we” or “us” ) and govern your access and use of this website (“Website”), which includes any information, data, text, graphics, images, videos, photographs, webinars, illustrations, trademarks, trade names, service marks, logos, slogans, tools, products, services, and other content or material available on or through the Website (collectively, “Content”) and any user account created on or through the Website (“Account”).
EACH TIME YOU ACCESS OR USE THE WEBSITE, YOU ARE FULLY ACCEPTING AND AGREEING TO BE BOUND BY THESE TERMS IN THEIR THEN-CURRENT FORM. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 18, DO NOT ACCESS OR USE, AND PLEASE IMMEDIATELY EXIT, THE WEBSITE.
1. Updates to the Terms
We may revise these Terms any time, without any prior notice to you. Any updates to these Terms will be posted or linked to from the Website and will apply to you prospectively, so you should check back each time you visit the Website so you are aware of any changes, as they are binding on you.
2. Privacy Policy and Transfer and Processing of Data
Our is incorporated by reference into these Terms and constitutes a part of
these Terms. By accessing or using the Website, you consent to the collection and use of your information, including personally identifiable information, in accordance with our Privacy Policy. By accessing or using the Website, you consent to the processing and transfer of information relating to you, in and to the United States and other countries, which may have less adequate data protection laws than those found in your country of residency. For more information, please read our Privacy Policy.
3. No Medical Advice and Not for Use in Emergencies
THE CONTENT AVAILABLE THROUGH THIS WEBSITE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A HEALTH CARE PROFESSIONAL IN DIAGNOSING AND TREATING PATIENTS. NEURALACE MEDICAL DOES NOT GIVE MEDICAL ADVICE, NOR DOES IT PROVIDE MEDICAL, THERAPEUTIC, DIAGNOSIS, TREATMENT, OR DIAGNOSTIC SERVICES. ONLY YOUR HEALTHCARE PROFESSIONAL CAN DETERMINE THE RIGHT COURSE OF TREATMENT FOR YOU AND DETERMINE WHAT IS SAFE, APPROPRIATE AND EFFECTIVE BASED ON YOUR NEEDS. ADDITIONALLY, THE USE OF THE CONTENT OBTAINED THROUGH THIS WEBSITE DOES NOT ESTABLISH A PHYSICIAN-PATIENT RELATIONSHIP.
Your reliance upon Content obtained by you at or through this Website is solely at your own risk. Neither we nor providers of content to us assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the Content.
We do not provide advice to you on any issues relating to medical treatment and the Content is intended solely as a resource and informational tool. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on this Website. We are not medical professionals and will not discuss or advise you on any issues relating to medical treatment.
DO NOT USE THIS WEBSITE FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
4. Not for Use by Children
In order to accept these Terms, access and use the Website and Content, and/or create an Account, you must be at least 18 years of age. If you are between 13 and 18 years of age (or the age of legal majority where you live), you may only access or use the Website or Content under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are accessing or using the Website or Content or creating an Account on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person’s behalf and that the person agrees to be responsible to us if you or the other person or entity violates these Terms. You hereby affirmatively represent that (a) you are at least 18 years of age; (b) you have the consent of your parent(s) or guardian(s) to access and use the Website and Content if you are under 18 years of age; (c) you have all the applicable rights and authority to grant NeuraLace Medical the rights granted herein; and (d) you have read, understood, and agree to be bound by these Terms.
5. User Registration And Account Protection
5.1 Account creation
You can use the Website without creating an Account. If you choose to create an Account, you must provide us with accurate and complete registration information as prompted during the registration process. Each Account registration is for a single user only. You may not misrepresent your identity or your affiliation with any person or organization and you may never use another user’s Account for any purpose whatsoever. If you register for an account, you must provide accurate account information and promptly update this information if it changes. If you associate your Account with another service or social media service functionality, such as Facebook Connect, you expressly authorize us and the relevant third party to share and store certain information about you, including personal information, depending on your account settings with such third party. Please note that you will be bound by the terms of use and privacy policies of any such third parties, in addition to these Terms and our
5.2 Account Protection
You are responsible for maintaining the security and confidentiality of your username and password and may not share your Account information with third parties or allow third parties to use your Account. If you believe an unauthorized person has obtained your password or accessed your Account you must notify us immediately via email at hello@neuralacemedical.com with “Unauthorized Use” in the subject line. We will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge or permission. However, you may be held liable for any losses we or another related party incur due to someone else using your Account.
5.3 Account termination
You may terminate your Account at any time by sending an e-mail to hello@neuralacemedical.com with “Cancel Account” in the subject line. Please allow thirty (30) days for termination to take effect. Following termination, we may delete any or all of the information associated with your Account. You have no recourse with regard to any information that we delete or functionality we remove upon Account termination. We further disclaim any value you may attribute to any of your data stored on our servers. Our rights under these Terms will survive any termination of your Account or cessation of your use of the Website.
6. User Content and Feedback
We may allow you to create, post, store and share content, including messages, text, photos, videos and other materials (collectively, “User Content”) on the Website or in your Account. Except for the license you grant below, you retain all rights in and to your User Content, as between you and NeuraLace Medical.
You grant NeuraLace Medical a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully- paid, and sub-licensable license to use, copy, control, distribute, exhibit, exploit, edit, broadcast, reproduce, modify, adapt, publish, translate, participate in the transfer or sale, create derivative works from (or incorporate into other works), distribute, perform, display, and otherwise exploit your User Content and any name, username or likeness provided in connection with your User Content in all media formats, means, and channels now known or later developed (i.e., print, broadcast, online and all digital media, social media platforms, etc.) without compensation to you. When you post or otherwise share User Content on or through the Website, you understand that your User Content and any associated information (such as your username) will be visible to the public. You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about NeuraLace Medical, our products, the Website, our services (collectively, “Feedback”), is non-confidential and will become the sole property of NeuraLace Medical. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
7. Social Media Posts
If you tag your social media post (“Post”) with one of our promoted hashtags (e.g., #NeuraLace, #NeuraLaceMedical, #AxonTherapy or #AxonCare #AxonCares), you agree to the following:
You consent and grant to NeuraLace Medical the irrevocable, non-exclusive, transferable, sub-licensable, royalty free, worldwide right (but not the obligation), to (1) use, copy, control, distribute, exhibit, exploit, edit, broadcast, reproduce, modify, adapt, publish, translate, participate in the transfer or sale, create derivative works from (or incorporate into other works), distribute, perform, display, and otherwise exploit the Post (or any portion thereof) in any form, manner or media now or hereafter known including but not limited to posting or reposting the Post across NeuraLace Medical digital properties, including on NeuraLace Medical branded websites and social media pages (“NeuraLace Medical Pages”) and using the Post for commercial purposes including marketing, advertising, and publicity and (2) use your name, image, likeness, and username/ handle in connection with, or to reference the fact of, your Post to the extent you include such information in your Post. You understand and agree that you will not have any right to inspect or approve NeuraLace Medical’s use of the Post, the Post will not be returned to you, and you will not be paid or otherwise compensated for NeuraLace Medical’s use of your Post. Aside from the rights specifically granted herein, you retain ownership of all rights to your Post.
You represent and warrant that (1) your Post is your original creation for which you own and/or control all rights, (2) your Post does not violate any laws or infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, (3) your Post will not contain obscene, indecent, or harassing material or feature nudity or drug/alcohol use, (4) you have obtained the express permission of each identifiable person appearing in your Post to be included and displayed in the Post as provided herein, and (5) you have the full power and authority to grant the rights contemplated herein.
You understand and acknowledge that your Post may be open to public commentary that is not under the NeuraLace Medical’s direct control and does not necessarily reflect the views of NeuraLace Medical. While NeuraLace Medical may curate Posts, NeuraLace Medical does not warrant their content or accuracy. You understand that you may be exposed to other Posts that you find offensive, indecent or otherwise objectionable. You understand and acknowledge that, pursuant to Section 230 of the federal Communications Decency Act, providers of interactive computer services shall not be treated as the publisher or speaker of any information provided by another information content provider. Posts may be removed by NeuraLace Medical at any time and for any reason.
The rights to information posted on the Website or NeuraLace Medical Pages may be protected by patent, copyright, trademark, trade secrets or other proprietary rights owned by a third party other than NeuraLace Medical. Additionally, certain content displayed and contained within NeuraLace Medical Pages is the original authorship of NeuraLace Medical and is owned exclusively by NeuraLace Medical. By being a user of or posting on any of NeuraLace Medical Pages, you acknowledge that you may not use, copy, control, distribute, exhibit, exploit, edit, broadcast, reproduce, modify, adapt, publish, translate, participate in the transfer or sale, create derivative works from (or incorporate into other works), distribute, perform, display, or in any way exploit any of the content found, whether owned by NeuraLace Medical or a third party, other than as provided herein.
You may request removal of any of your Post by sending a removal request email to hello@neuralacemedical.com. Your email must include a link to the URL or complete description of the NeuraLace Medical Pages or social media account on which your Post is posted. We reserve the right to deny any such requests.
8. Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while accessing or using the Website or an Account. You will not:
● Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
● Use or attempt to use another user’s Account without authorization from that user and NeuraLace Medical;
● Use the Website or an Account in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Website or an Account or that could damage, disable, overburden or impair the functioning of the Website or an Account in any manner;
● Reverse engineer any aspect of the Website or an Account or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Website or an Account;
● Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Website or an Account that you are not authorized to access;
● Develop or use any third-party applications that interact with the Website or an Account without our prior written consent, including any scripts designed to scrape or extract data from the Website or an Account;
● Bypass or ignore instructions contained in our robots.txt file, that controls automated access to portions of the Website or an Account;
● Or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also only post or otherwise share User Content or Posts that are non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content or Post that:
● Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
● Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
● May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
● Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
● Impersonates, or misrepresents your affiliation with, any person or entity;
● References or depicts NeuraLace Medical or the Website, products or services, but fails to disclose a material connection to us, if you have one (for example, if you are a NeuraLace Medical employee);
● Contains any unsolicited promotions, political campaigning, advertising or solicitations;
● Contains any private or personal information of a third party without such third party’s consent;
● Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
● Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying the Website or an Account, or that may expose NeuraLace Medical or others to any harm or liability of any type.
In addition, although we have no obligation to screen, edit or monitor User Content or Posts, we may delete or remove User Content or Posts at any time and for any reason.
9. Limited License; Copyright and Trademark Rights
9.1 Intellectual Property Rights
The Website and all Content contain copyrighted materials, trademarks, and other proprietary materials that are owned by or licensed to NeuraLace Medical and are protected under both United States and foreign laws including applicable copyrights and trademarks.
Except as explicitly stated in these Terms, NeuraLace Medical and our licensors reserve all rights in and to the Website and Content. The posting of Content on the Website does not constitute a waiver of any rights as to such information and materials by NeuraLace Medical. You should assume that all Content of the Website is copyrighted unless otherwise noted and may not be used, copied, reproduced, downloaded, modified, published, distributed, transmitted, or exploited, in whole or in part, in any form or by any means, except as provided herein and without the express written permission of NeuraLace Medical or the original creator of the material.
Product names, logos, trademarks, trade names, slogans, and service marks that are used or displayed on the Website (collectively, the “Trademarks”) are registered or unregistered trademarks and the exclusive property of NeuraLace Medical. No use of the Trademarks may be made without NeuraLace Medical’s prior written authorization, except to identify the product or services of the company. Other product names, logos, slogans, trademarks, and service marks appearing on the Website that are not owned by NeuraLace Medical may not be used without express permission from its owner.
9.2 Limited License to Use
You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Website and Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use the Website or Content; (b) copy, reproduce, distribute, publish, or publicly display Content, except as expressly permitted by us or our licensors; (c) modify the Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Website or Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use the Website or Content other than for their intended purposes. You do not acquire ownership rights to any Content or any content, document or other materials viewed through the Website or an Account. Any use of the Website or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
9.3 Copyright Complaints
NeuraLace Medical respects the intellectual property rights of others and expects users to do the same. We have a policy of limiting access to the Website and terminating the Accounts of users who infringe the intellectual property rights of others. If you believe that anything on the Website infringes any copyright that you own or control, you may notify NeuraLace Medical’ designated copyright agent by mail at NeuraLace Medical, 3770 Tansy St, Ste #101, San Diego, CA 92121 ATTN: INTELLECTUAL PROPERTY DEPARTMENT. You may also notify us by email at hello@neuralacemedical.com using “IP Complaint” in the subject of your email.
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on the Website is infringing, you may be liable to NeuraLace Medical for certain costs and damages.
10. Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless NeuraLace Medical and its shareholders, officers, directors, agents, licensors, suppliers, service providers, affiliates employees, partners, and representatives (the “NeuraLace Medical Parties”) from and against any and all claims, demands, causes of action, losses, expenses, costs, damages and/or liabilities, including reasonable attorney’s fees and court costs (“Claims”), incurred by the NeuraLace Medical Parties in any way related to your (a) your use or misuse of the Website or an Account; (b) your User Content, Posts, or Feedback; (c) your violation of these Terms; (d) your violation of any rights of another; (e) your violation of any applicable law or regulation; and (f) your submission of inaccurate, untimely, incomplete or misleading Account registration information, User Content or Posts. You agree to promptly notify the NeuraLace Medical Parties of any third party Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys’ fees). You further agree to cooperate as requested by the NeuraLace Medical Parties in the defense of such claims. You further agree that the NeuraLace Medical Parties shall have control of the defense or settlement of any third party Claims. You agree that you shall not, in any event, settle any claim or matter on behalf of any of the NeuraLace Medical Parties without the written consent of NeuraLace Medical.
11. Links to the Website
NeuraLace Medical permits other websites to link to this Website, provided that these links comply with the guidelines set forth herein. Links to this Website from other websites should be text-only and may not include NeuraLace Medical’s logo or other intellectual property. We strictly prohibit any suggestions of NeuraLace Medical endorsement or recommendation of a specific company, product, or service.
12. Links from the Website
This Website may include links to other websites. These links are provided solely for purposes of convenience. NeuraLace Medical is not responsible for the content or accuracy of data contained on other sites or other websites’ privacy practices. NeuraLace Medical is not liable for any damages or injury arising from content contained on other websites. Links to third-party websites are not a referral, recommendation, or endorsement of any other entity, item, or service. You release the NeuraLace Medical Parties from any damages that you may incur, and agree not to assert any claims against them, arising from your access to and use of a third-party website, or your purchase or use of third-party supplied data, products and services. Third-party websites may also contain information about products or services that may or may not be available in any particular country or region of the world, may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications, formulations and/or restrictions in different countries. You should not construe anything on the Website as a promotion or solicitation for any third-party product that is not authorized by the laws and regulations of the country in which you are located.
13. Country and Region Restrictions on Use
You should not construe anything on the Website as a promotion or solicitation for any product or for the use of any product, that is not authorized by the laws and regulations of the country in which you are located. The Website provides information about products or uses that may not be available in particular countries. Some of the products mentioned may in certain countries be approved or cleared by regulatory authorities for sale or use with different indications, treatment protocols, dosages, and restrictions.
14. Submission of Ideas
NeuraLace Medical appreciates hearing from its customers and welcomes your comments regarding this Website, the Content, and/or NeuraLace Medical products. However, it is our policy not to accept unsolicited ideas about new products, advertising or marketing concepts or improvements. We employ a staff and consultants that may be working on ideas that are the same or similar to yours. This policy is to avoid confusion about our ownership of new concepts. If you do send us a message about a proposed idea, your message will be treated as non-proprietary and non-confidential and becomes our property. NeuraLace Medical shall be free to use the content of any such communication, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose whatsoever, including developing, manufacturing and/or marketing goods or services, at our sole discretion, without compensation to you.
15. Disclaimer of Warranties and User Responsibility
WE PROVIDE THE WEBSITE AND CONTENT ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THE NEURALACE MEDICAL PARTIES DO NOT REPRESENT OR WARRANT OR ENDORSE, EXPRESSLY OR IMPLICITLY, THAT THE WEBSITE AND CONTENT: (I) ARE RELIABLE, WILL BE AVAILABLE ON A TIMELY BASIS, OR WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS OR ERRORS, (III) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE, (IV) WILL BE SECURE AND FREE FROM ANY HARMFUL COMPONENTS, SUCH AS VIRUSES OR OTHER MALWARE, OR (V) WILL CONTAIN MATERIALS THAT ARE ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE.
IF YOU USE, ACCESS OR RELY ON THIS WEBSITE, THE CONTENT OR ANY OTHER PRODUCT OR SERVICE AVAILABLE THROUGH THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE CONTENT, PRODUCTS AND SERVICES PUBLISHED ON OR PROMOTED ON THE WEBSITE.
THE NEURALACE MEDICAL PARTIES MAKE NO WARRANTIES OF ANY KIND OTHER THAN AS EXPRESSLY SET FORTH HEREIN. THE NEURALACE MEDICAL PARTIES EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY PURPOSE, OR FITNESS FOR A PARTICULAR PURPOSE.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. To the extent that NeuraLace Medical may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of NeuraLace Medical’s liability will be equal to the minimum permitted under such applicable law.
16. Limitation of Liability
To the fullest extent permitted by applicable law, the NeuraLace Medical Parties will not be liable for any indirect, special, incidental or consequential damages of any kind arising out of or in any way related to the access to or use of the Website, the Content or an Account, including but not limited to any damages caused by, arising out of, relating to, or resulting from: (i) access to, use of, or inability to use the Website or an Account; (ii) any errors or omissions in the Content; (iii) reliance on any information or Content obtained from the NeuraLace Medical Parties, and (iv) events beyond the NeuraLace Medical Parties’ reasonable control. These limitations apply even if NeuraLace Medical or the other NeuraLace Medical Parties have been advised of the possibility of such damages. These limitations also include damages to, or from, any viruses, ransomware or malware that infect your computer or device.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. If applicable, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
17. Dispute Resolution/Binding Arbitration/Class Action Waiver
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH NEURALACE MEDICAL, LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, AND LIMITS THE AMOUNT OF TIME YOU HAVE TO FILE CLAIMS AND DISPUTES
Except for any claim or dispute arising out of or related to a violation of Section 8 or claims or disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and NeuraLace Medical waive their rights to a jury trial and to have any claims or disputes arising out of or related to these Terms, the Website, the Content, or an Account resolved in court. Instead, all claims and disputes arising out of or related to these Terms, the Website, the Content, or an Account (collectively, a “Dispute”) will be resolved through confidential binding arbitration held in San Diego, California before and in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
YOU AND NEURALACE MEDICAL AGREE THAT ANY DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. YOU AND NEURALACE MEDICAL FURTHER AGREE THAT ANY SUCH DISPUTE WILL ALSO NOT BE CONSOLIDATED WITH ANY OTHER PROCEEDINGS THAT INVOLVE ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY.
You and NeuraLace Medical agree that these Terms affect interstate commerce and that the enforceability of this Section 14 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and NeuraLace Medical agree that for any arbitration you initiate, you will pay the filing fee and NeuraLace Medical will pay the remaining JAMS fees and costs. For any arbitration initiated by NeuraLace Medical, NeuraLace Medical will pay all JAMS fees and costs. You and NeuraLace Medical agree that the state or federal courts of the State of California and the United States sitting in San Diego County have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE, CONTENT, OR AN ACCOUNT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND NEURALACE MEDICAL WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 15 by emailing us at hello@neuralacemedical.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 18 of these Terms.
18. Miscellaneous
These Terms constitute the entire agreement between you and NeuraLace Medical relating to your access to and use of the Website. The failure of NeuraLace Medical to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. Our failure to act with respect to a breach of the Terms by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms is held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner and without affecting the remaining provisions hereof, which shall continue to be in full force and effect.
19. Governing Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the state of Delaware, without regard to its conflicts of laws principles and specifically will not be governed by the United Nations Convention on contracts for the international sale of goods or services. You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Services, will be in San Diego County, California, and you hereby consent and submit to the exclusive personal jurisdiction and venue in San Diego County, California.
20. Termination
We reserve the right, subject to these Terms, to change, suspend, or discontinue any aspect of the Website or Content, in our sole and absolute discretion and without notice or liability, including by adding or eliminating certain features, removing access to any Content or discontinuing any of our Content entirely. Any description of the features of products offered by NeuraLace Medical shall not be considered to be a representation by NeuraLace Medical that such features will always be included in such products.
We also reserve the right, subject to the Terms, to terminate or suspend your Account or restrict access to some or all of the Website or Content, for all users or only for you, without notice or liability. Accordingly, for any reason, and without notice, all or any part of the Account, Content, or Website may become unavailable to you at any time and for any period. In the event we terminate your Account, we may delete any or all of the information associated with your Account.
For the avoidance of doubt, we will not be liable if for any reason all or any part of the Website, Content or Account are unavailable at any time or for any period.
21. Contact Us
If you have any questions about these Terms, contact us via email at hello@neuralacemedical.com.
