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.
