Terms of Use

Terms of Use of this Website
The following Terms of Use apply to all visitors or users of www.neurosigma.com, (the “Website”). By accessing this Website, you acknowledge acceptance of these Terms of Use. NeuroSigma, Inc. (“NeuroSigma”) reserves the right to change these Terms of Use from time to time at its sole discretion. In the case of any violation of these Terms of Use, NeuroSigma reserves the right to seek all remedies available by law and in equity for such violations. These Terms of Use apply to all visits to the Website, both now and in the future.  If you do not agree with these Terms of Use, you are not authorized to access or use the Website.  Please periodically link to and review these Terms of Use. Your continued use of the Website subsequent to the posting of any updated Terms of Use means you agree to comply with any such updated terms.

Intellectual Property
The content, information, documents, organization, gathering, compilation, presentation and all other aspects of this website are the work of NeuroSigma and/or its third party providers and are protected under applicable copyright, trademark and other proprietary (including but not limited to intellectual property) rights.  This website and its contents contain general background information only and none of the information constitutes a representation or warranty by NeuroSigma.

Trademarks
All logos, trademarks, and service marks (the "Trademarks") displayed on this site whether or not appearing in large print or with or without the trademark symbol are registered and unregistered Trademarks of NeuroSigma Laboratories Inc. or of respective third parties . Your access to this Website should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on the Website without the prior written consent of NeuroSigma or the third-party owner there of.  The NeuroSigma logo is a trademark of NeuroSigma, Inc. in the U.S. and other countries.

Copyright
The content of this Website is protected by applicable copyright, trademark and other intellectual property laws. All material published in this Website (including but not limited to images, illustrations, information, documents and related graphics) is the sole property of NeuroSigma and may not be reproduced, modified, uploaded, downloaded, posted, transmitted, republished or distributed without NeuroSigma' written permission. Modification of the content or use of the content for any other purpose is a violation of the copyrights and other proprietary rights of NeuroSigma.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of NeuroSigma or any third party.  Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any NeuroSigma copyright.

Regulatory Approval
We currently have approval to market our lead product, the Monarch eTNS System, in the European Union for the adjunctive treatment of epilepsy, in Canada for the treatment of drug-resistant epilepsy, and in Australia for the adjunctive treatment of drug-resistant epilepsy. The approvals in the European Union, Canada and Australia are for adults and children nine years and older. Additionally, we have approval to market our lead product in the European Union for the adjunctive treatment of major depressive disorder and in Canada for the treatment of major depressive disorder, in each case for adults and children nine years and older. We do not have approval from the U.S. Food and Drug Administration for our lead product in the United States, and in the U.S. our devices are classified as investigational and limited by Federal (or United States) law to investigational use only. We do no not have approval to market our lead product for ADHD, PTSD and TBI in the United States or any other jurisdiction.

Website for Informational Purposes Only
The Website is provided as a service to its visitors for informational purposes and for your general interest and entertainment only. By using the Website you hereby agree not to rely on any of the information contained herein. The Website is not designed to provide a diagnosis or medical advice and should not be relied on or interpreted as doing so. Any information in the Website relating to various health and medical conditions is provided for information purposes only. It is not meant to be a substitute for the advice provided by a physician or other healthcare professional. You should always consult a physician or healthcare provider for your personal medical needs.

No Warranties
THE INFORMATION AND MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  INFORMATION ON THIS WEBSITE MAY BE INACCURATE OR INCOMPLETE AND MAY BE CHANGED WITHOUT NOTICE.  NEUROSIGMA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES.

Exclusion of Damages; Limitation on Liability
YOUR USE OF THE NEUROSIGMA WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL NEUROSIGMA OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS, LOSS OF OPPORTUNITY, LOSS OF DATA, LOSS OF SERVICES, PERSONAL INJURY (INCLUDING DEATH) OR DAMAGES TO YOU OR YOUR HARDWARE OR SOFTWARE, EVEN IF NEUROSIGMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE NEUROSIGMA WEBSITE OR YOUR RELIANCE ON THE NEUROSIGMA CONTENT, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER FAULT OF NEUROSIGMA, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LEGAL LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE NEUROSIGMA WEBSITE OR ANY NEUROSIGMA CONTENT (INCLUDING, WITHOUT LIMITATION, ANY PRODUCT OR SERVICE) MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.

Forward–Looking Statements
The NeuroSigma Website may contain forward-looking statements that are subject to risks and uncertainties that may cause actual results to differ from those foreseen. The inclusion of forward-looking statements should not be regarded as a representation by NeuroSigma that any of its plans will be achieved. Actual results may vary materially from those set forth within the NeuroSigma Website due to the risks and uncertainties inherent in NeuroSigma's business including, without limitation, statements about: the progress and timing of our clinical trials; difficulties or delays in development, testing, obtaining regulatory approval, producing and marketing our products; unexpected adverse side effects or inadequate therapeutic efficacy of our products that could delay or prevent product development or commercialization; or that could result in recalls or product liability claims; the scope and validity of patent protection for our products; and our ability to obtain additional financing to support our operations. All forward-looking statements are qualified in their entirety by this cautionary statement and NeuroSigma undertakes no obligation to revise or update the Website site to reflect events or circumstances.

Information Provided
Should any viewer of a NeuroSigma published document respond with information including feedback data such as questions, comments or suggestions regarding the content of any such NeuroSigma material, such information shall be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation.  We shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information.

Governing Law
This website is controlled by NeuroSigma from its offices in Los Angeles, California, in the United States of America.  NeuroSigma makes no representation that the information on the Website is appropriate or available for use outside the United States, and access to it from territories where its contents is illegal is prohibited. If you chose to access this Website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. You may not use or export the information contained in this Website in violation of U.S. export laws and regulations. All matters relating to access to, or use of, this website shall be governed by the laws of the State of California and the United States and may also be subject to the laws of the country where you reside. 

Jurisdiction
Any legal action or proceeding relating to access to, or use of, this website or the information it contains shall be subject to the exclusive jurisdiction of the state and federal courts for Los Angeles County, California.  By accessing or using this website, you agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Arbitration
Arbitration. Any controversy, dispute or claim of any nature whatsoever, arising out of, in connection with or in relation to these Terms of Use or arising out of your use of this Website, including any claim based on contract, tort or statute that may lawfully be arbitrated, and including the issue of arbitrability of any such disputes, will be resolved by final and binding arbitration before a retired judge or justice in San Diego, California. However, either party may bring an action for a preliminary injunction and seek to and enforce the same against the other in any court of competent jurisdiction.
In connection with the foregoing agreement to arbitration, you and NeuroSigma acknowledge and agree to waive certain rights to litigate disputes in court, to receive a jury trial, or to participate as a plaintiff or as a class member in any claim on a class or consolidated basis or in a representative capacity. You and NeuroSigma both agree that any arbitration will be conducted on an individual basis and not a consolidated, class-wide, or representative basis and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason the arbitration clause set forth in this user agreement is deemed inapplicable or invalid, or the extent the arbitration clause allows for litigation of disputes in court, you and NeuroSigma both waive, to the fullest extent allowed by law, any right to pursue or to participate as a plaintiff or as a class member in any claim on a class or consolidated basis or in a representative capacity. Any interim or final relief or award granted by the Arbitrator, including without limitation any provisional relief, may be enforced, and final judgment upon any award or decision rendered by the Arbitrator may be entered and enforced, by any state or federal court having jurisdiction.

Links to Others
Links to third-party websites on this site are provided solely as a convenience to you. If you use these links, you are leaving the Website. NeuroSigma has not reviewed all of these third-party sites and does not control and is not responsible for any of their content. Furthermore, NeuroSigma does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you access any of the third-party sites linked to this Website, you do this entirely at your own risk and expressly release NeuroSigma, and its subsidiaries, officers, directors and employees from any and all consequences, damages, and liabilities resulting there from.

Domain Information
NeuroSigma also collects domain information as part of its analysis of the use of this site. The data enables us to become more familiar with customers that visit our site, such as how often they visit and what parts of the site they visit most often. This information is used to improve the Website.

Privacy Protections for Minors
The Website is not directed at or intended for minors. Therefore, we do not wish to receive, nor do we knowingly collect, personal information from minors via the Website.

Miscellaneous
Invalidity. Any clause deemed invalid or unenforceable shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.
Headings. Section titles in these Terms of Use are for convenience and do not define, limit, or extend any provision of these Terms of Use.
Entire Agreement; Amendments. These Terms of Use constitutes the entire agreement between you and NeuroSigma with respect to the subject matter hereof and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written. Unless otherwise required by law, NeuroSigma may amend these Terms of Use without prior notice to you. No waiver of any of the provisions of these Terms of Use shall be deemed or shall constitute a waiver of any other provision of these Terms of Use, whether or not similar, nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.

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