The NeuroQuiet website (the "Site") offers an online information service subject to your acceptance of the conditions and terms set out below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. NeuroQuiet MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entirety that comprise this Site are protected under international trademark and copyright laws. The licensors of trademarks and copyrights are NeuroQuiet as well as its affiliates and any other licensors from third parties. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print or download certain portions of the material available on the various areas of the Site exclusively for your personal non-commercial use, provided you do not modify or erase any notices of proprietary or copyright rights in the content. You agree to grant NeuroQuiet an unrestricted royalty-free, worldwide, perpetual license, which includes the right to sub-license to reproduce the materials, distribute them and create derivative works from public display, and perform any other materials or information (including the suggestions for improvements or new products and services) you post to any publicly accessible areas on the Website (such like bulletin boards, forums or newsgroups) or via e-mail to NeuroQuiet using any method and in any medium currently available or in the future created. You also grant NeuroQuiet rights to make use of your name and image in connection with any submitted materials along with other information as and in connection with any advertising, marketing and promotional materials related to them. It is your agreement that will not be able to sue NeuroQuiet in the event of any alleged or actual violation or misappropriation of any intellectual property rights contained in the communications you send to NeuroQuiet.
TRADEMARKS.
Content, publications, or services mentioned in this site as well as on this Site are trademarks or service trademarks of NeuroQuiet. Other company and product names used in the Site could be trademarks of their respective owners.
2. Use of the Site.
You acknowledge that, with the exception for products, information or services that are clearly identified as being provided through NeuroQuiet, NeuroQuiet does not manage, supervise nor endorse the information products or services available or products available on or through the Internet in any manner. Other than NeuroQuiet specific products, information or services the products, information and services available via this Site as well as through the Internet generally are provided by third parties that do not belong to NeuroQuiet. It is also understood that NeuroQuiet is unable to promise or warrant that the files downloaded from the Site will be free from virus, worms Trojan horses, or any other codes that exhibit destructive or contaminating properties. It is your responsibility to implement enough procedures and checkpoints to meet your specific requirements regarding precision of data input and output and to maintain a method independent of the Site for reconstructing any data lost.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. NeuroQuiet PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND NeuroQuiet SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. NeuroQuiet HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL NeuroQuiet BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN NeuroQuiet OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES Daily Health LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
NeuroQuiet does not make any representations regarding any other website that you can access via this link or be linked to this Site. If you visit any nonrelated Daily Health web site, be aware that it is separate from NeuroQuiet and that NeuroQuiet does not have any control over the content of the site. Additionally, a hyperlink to the NeuroQuiet website does not necessarily mean that NeuroQuiet does not endorse or accept any responsibility for the content or the use, of a website.
3. Indemnification.
You are agreeing to indemnify, defend and keep harmless NeuroQuiet as well as its directors, officers agents, employees as well as its licensors, suppliers, as well as any third party information suppliers for use the Service in respect of any costs, losses as well as costs and damages including reasonable attorney's costs resulting from any breach by you or any other person of this Agreement (including reckless or negligent behavior) by you or anyone else using the Service.
4. Third Party Rights.
The provisions in aliners 2. (Use of the Service) as well as 3. (Indemnification) are intended for to the advantage of NeuroQuiet and its officers, directors agents, employees and suppliers, as well as licensors and any other third party information suppliers of the Service. All of these entities or individuals are entitled to claim and enforce these clauses in a direct and personal manner against you, on your on behalf of itself.
5. Termination.
This Agreement can be ended by any of the parties without notice at any time and for any reason. The provisions in the paragraphs 1 (Copyright, Licenses and Idea Submissions) 2. (Use of the Service) 3 (Indemnification) 4. (Third Party Rights) and 6 (Miscellaneous) will survive any end of the Agreement.
6. Miscellaneous.
This Agreement will be enforced and interpreted according to the law in The United States of America applicable to contracts made and performed within The United States of America. You acknowledge the legal proceedings between Daily Health and you in connection with the subject matter of this Agreement or the obligations of the parties hereunder is to be exclusively brought in a state or federal court with jurisdiction within The United States of America . Any reason for action or claim that you might have relating to the Service must be filed in the first 1 (1) year from the date that the cause of action is discovered or the claims or causes of action are out of date. NeuroQuiet is not obligated to insist upon or enforce the strictness of any of the provisions in this Agreement cannot be considered as an admission of any right or right. It is not the case that the behavior between the parties or the practice of trade shall be deemed to alter any of the provisions in this Agreement. Daily Health may assign its rights and responsibilities pursuant to the terms of this Agreement to any other party at any time, without notifying you.