TERMS OF USE
1. NeuroVista's Terms of Use Agreement
Welcome to the NeuroVista Website. By using our Website, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you shall not use this Website. The term "NeuroVista" or "us" or "we" or "our" refers to NeuroVista Corporation. The term "you" refers to the users and viewers of our Website.
2. Acceptance of Agreement
By viewing and using this Website, you agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our Website. This Agreement constitutes the entire and only agreement between us and you with respect to the Website and the content provided by or through the Website, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Website, and you should review this Agreement prior to using the Website.
3. Intellectual Property
The content, subject matter, logos, images, text, information, technology, graphics, design, compilation, and other matters related to the Website ("Content") are protected under applicable copyrights, trademarks, patents and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, modification, republication, or use by you of any such Content, except as allowed by Section 3 below, is strictly prohibited. You do not acquire any rights to any Content or other materials viewed at the Website.
4. Limited License - Permitted Uses
You are granted a non-exclusive, non-transferable license, which we may revoke at any time for any reason or no reason: (a) to access and use the Website strictly in accordance with this Agreement; (b) to use the Website solely for internal, personal, non-commercial purposes; and (c) to download, copy and print out discrete Contents from the Website solely for internal, personal, non-commercial purposes; provided however, that you maintain all copyright notices on any Content or portion of Content you download, copy or print, and other policies contained therein.
5. Restrictions and Prohibitions on Use
Your license for access and use of the Website and any Content therein is subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 3 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Website or any Content retrieved therefrom; (b) create compilations or derivative works of any Content; (c) use any Content in any manner that may infringe any copyright, trade marks, other intellectual property right, proprietary right, or property right of us or any third parties; (d) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Website; (e) use any automatic or manual process to harvest information from the Website; (f) use the Website for any activity that violates any state or federal law.
6. No Medical Advice or Doctor-Patient Relationship
Information and Content contained on or made available through the Website is not intended to and does not constitute medical advice, diagnosis, recommendations, or counseling under any circumstance and no doctor-patient relationship is formed. The information and Content is not intended to substitute for advice provided by your physician or other medical practitioner. You should always consult your own physician or health care provider regarding any medical condition. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information and Content contained in or linked to the Website. Your use of information and Content on the Website or materials linked to the Website is entirely at your own risk. We are not acting as physicians, surgeons, or any other type of health care practitioner and this Website is not a medical referral service.
7. Errors, Corrections and Changes
We do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the Content and information available on or through the Website will be correct, accurate, relevant, complete, timely or otherwise reliable. We may make changes to the features, functionality or content of the Website at any time. We reserve the right in our sole discretion to edit or delete any Content appearing on the Website.
8. Third Party Content
Third party content may appear on the Website or may be accessible via links from the Website. We are not responsible for and assume no liability for any content on any website linked to this Website. We are not responsible for the content, accuracy, completeness or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
9. Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities.
10. Linking to the Website
You may provide links to the Website, provided that (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Website, (b) your website does not engage in illegal or pornographic activities, (c) you discontinue providing links to the Website immediately upon request by us, (d) you do not provide false, misleading derogatory, defamatory, or otherwise negative matter regarding NeuroVista or its affiliates, and (e) the link to our Website is to the homepage of the Website.
11. Indemnification
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Website.
12. Disclaimer
THE WEBSITE, INFORMATION, AND CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) TO THE MAXIMUM EXTENT ALLOWED BY LAW. WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT AND INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE WILL BE CORRECT, ACCURATE, RELEVANT, COMPLETE, TIMELY OR OTHERWISE RELIABLE. THE INFORMATION AND CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR PARTNERS, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, SUCCESSORS, ASSIGNS, THIRD PARTY SUPPLIERS, PRODUCT AND SERVICE PROVIDERS, AND AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS WEBSITE AND THE CONTENT AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
13. Limitation of Liability
We and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers, product and service providers, and affiliates shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Website or any services or products obtainable therefrom, (b) the unavailability or interruption of the Website or any features thereof, (c) your use or misuse of the Website, or (d) the Content contained on the Website. The aggregate liability of NeuroVista and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers, product and service providers, and affiliates in connections with any claim arising out of or relating to the Website and or Content shall not exceed $100 and that amount shall be in lieu of all other remedies that you may have against us.
14. Use of Information
We reserve the right, and you authorize us, to the use and assignment of all information regarding Website use by you and all information provided by you in any manner consistent with this Agreement and our Privacy Policy. All submissions, remarks, suggestions, ideas, text, graphics, or other information communicated by you to us (collectively, a "Submission") becomes our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
15. Privacy Policy
Our Privacy Policy, as it may change from time to time, is a part of this Agreement. By using this Website you agree to the terms of the Privacy Policy.
16. Securities Laws
The Website may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Website, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Website and the Content contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the Content contained in the Website is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
17. Information and Press Releases
The Website contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
18. Miscellaneous
This Agreement shall be treated as though it were executed and performed in Seattle, Washington, and shall be governed by and construed in accordance with the laws of the State of Washington (without regard to conflict of law principles). Any cause of action by you with respect to the Website and any Content related thereto must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. We may assign this Agreement and any rights hereunder in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall control. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. This Website is controlled and operated in the United States of America and the Website and Content are solely intended for residents of the United States. Use outside of the United States is at your own risk. We make no representations that the Website or Content is appropriate or available for use in other locations. This Website and Content shall not be interpreted as an offer of any product.
19. Arbitration
Any legal controversy or legal claim arising out of or relating to this Agreement, the Website, or Content, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Website operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Seattle, Washington, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Seattle, Washington necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.