NeurGear inc, “NeurGear” provides access to this website (“Site”) as a service to our customers. We
welcome visitors to our Site but want to make it clear that certain Terms and Conditions apply to
your use of the Site. For purposes of these Terms and Conditions, “you” and “your” shall include not
only you as user and the individual, person, or entity to whom access to this Site has been provided
hereunder, but shall also include all individuals, persons, and/or other entities over which you
exercise any degree of control or authority, or whose actions you control, authorize, facilitate, or
otherwise permit. The sole authorized use of the Site is to obtain information about NeurGear
products, services, technologies and promotions. No other use is permitted.
Please read these Terms and Conditions carefully before accessing or using any tools or content
provided on our Site. The terms stipulated here constitute a legal agreement between you, as a
visitor to our Site, and NeurGear. By accessing or using the Site, you acknowledge that you have
read, understood and agree to be bound by these Terms and Conditions. If you are not willing to be
bound by these Terms and Conditions, you may not access the Site.
NeurGear may modify these Terms and Conditions at any time and updated Terms and Conditions
will be posted on our Site. Any modifications are effective immediately upon posting; the date the
Terms and Conditions was last revised is identified at the top of the page. You should regularly
review these Terms and Conditions for any modifications or amendments, as your continued use of
this Site after a modification or amendment shall be deemed conclusive evidence of your
acceptance of the modified Terms and Conditions.
Website Content
You acknowledge that the Site contains “Website Content,” which collectively refers to any of the
following owned by NeurGear or its affiliates: any text, graphics, images, information, software, audio
and video clips, links, logos, icons, and other material, including but not limited to proprietary and
confidential information, copyrights, patents, trade secrets, trade dress, service marks and
trademarks, including the Marks (as defined below). Our Website Content may include technical
inaccuracies or typographical errors. We reserve the right to make changes and updates to any
information contained on our Site without prior notice.
The Rights We Grant to You
NeurGear grants you the privilege of accessing and viewing the Website Content on this Site solely
for your personal and informational use. NeurGear may revoke such privilege at any time, with or
without notice, for any reason or no reason. Any and all Website Content, software and other works
on the Site and any reproductions of the foregoing (collectively, “Works”) are the copyrighted works
of NeurGear and/or its affiliates and suppliers, and are protected under U.S. and worldwide copyright
laws and treaty provisions. Unauthorized use of Website Content and Site material – including any
visible scripting, website templates, or other technology – violates copyright, trademark, and other
laws. You agree to retain all copyright and other proprietary notices contained in the original
Website Content on any copy you make of such material. You may not sell or modify our Website
Content or reproduce, display, distribute, or otherwise use the Website Content or other Site material
in any way for any public or commercial purpose. The names, marks and logos included in our
Website Content are, unless otherwise noted, registered and/or common law trademarks owned by
or licensed to NeurGear or one of its affiliates. Marks not belonging to us belong to their respective
third-party owners and we claim no rights to them. The use of these marks or Website Content,
except as expressly provided in these Terms and Conditions, is prohibited.
Rights to the Website Content
NeurGear reserves the right to alter or delete Website Content or other material from our Site at any
time.
All Website Content, in whole or in part, is protected by all applicable copyright laws, international
conventions or treaties, and any other intellectual property or proprietary laws, and, unless in the
public domain, or unless otherwise stated, is owned by NeurGear or one of its affiliates, whether or
not such rights are expressly identified in, or in connection with, such Website Content.
You understand and agree that you may not remove, alter or cover any copyright or other proprietary
notices placed on our Site. Other than the limited grant of access to and viewing of the Website
Content set forth above, NeurGear grants you no other privileges or rights in any of the Website
Content or Works. You acknowledge that any other use of the Website Content or Works, including
without limitation, reproduction, distribution, transmission, republication, display or performance,
without express written permission of NeurGear, is strictly prohibited.
Unless otherwise specified, you may not sell, rent, modify, reproduce, display, distribute, redistribute,
republish, retransmit, participate in the transfer or sale, create derivative works, or in any way exploit
or otherwise use our Website Content, in whole or in part, in any way without our prior written
consent.
Trademarks
The trademarks, logos and service marks (collectively, the “Marks”) displayed on the Site are
registered and unregistered trademarks of NeurGear and others. You acknowledge that the Marks
used and displayed on this Site are and shall remain the sole property of NeurGear or the Mark
owner. Unless you are expressly granted permission otherwise, nothing contained within this Site
should be construed as granting, by implication, estoppel, or otherwise, any right or license in and to
the Marks. Your misuse of the Marks on this Site is strictly prohibited.
Improper Use of Our Site
You agree that you will not use our Site to transmit or distribute, or cause to be transmitted or
distributed, any material that (1) violates any local, state, national or international laws; (2) violates
the proprietary rights, intellectual property rights (including without limitation copyright and
trademark rights), rights of privacy or publicity, moral rights, rights of attribution, or any other related
rights of others; (3) is intended to advertise or solicit business including but not limited to any multi-
level marketing scheme; (4) purports to be provided by another person; (5) is obscene, harassing,
threatening, defamatory, libelous, or abusive; or (6) is a chain letter or part of a pyramid scheme.
Links to other Websites
Our Site may contain links to other websites and resources provided by third parties for your
convenience only. This includes links contained in advertisements, including banner advertisements
and sponsored links. NeurGear has no control over the contents of those websites or resources and
accepts no responsibility for them or for any loss or damage that may arise from your use of them.
If you decide to access any third-party websites linked to this Site, you do so entirely at your own risk
and subject to the terms and conditions of use for such websites. You should make whatever
investigation you feel necessary or appropriate before proceeding with any transaction in connection
with such third-party links and ads.
Disclaimer of Warranties
Although we strive for accuracy in all elements of the Site, and material provided therein, it may
contain inaccuracies or typographical errors. We assume no liability or responsibility for, and make
no representations about, the accuracy, reliability, completeness, or timeliness of the material on this
Site or about the results to be obtained from using our Site.
WE DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS
SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. THIS WEBSITE AND
ITS MATERIAL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY
LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE
WARRANTY OF MERCHANTABILITY, OF NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND OF
FITNESS FOR A PARTICULAR PURPOSE. WE AND OUR AFFILIATES MAKE NO WARRANTIES ABOUT
THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES,
SOFTWARE, TEXT, GRAPHICS, AND LINKS ON THIS WEBSITE. NEURGEAR DOES NOT GUARANTEE
OR WARRANT THAT FILES OR WEBSITE CONTENT AVAILABLE FOR DOWNLOAD FROM THIS SITE
WILL BE FREE OF INFECTION FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT
MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. 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.
Limitation of Liability
Your use of this Site is at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO
EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR
DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE
USE OR INABILITY TO USE MATERIAL ON THIS WEBSITE OR SITES LINKED TO THIS WEBSITE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT WE ARE AND/OR ANY AFFILIATE IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. The above disclaimer includes damages to or viruses that may infect your computer
equipment.
Indemnification
You agree to indemnify, defend and hold harmless NeurGear, its officers, directors, employees,
agents, suppliers (and those of its affiliates) from and against all losses, expenses, damages and
costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and
Conditions, or any activity relating to your account (including negligent or wrongful conduct) by you
or any other person accessing the Site on your account or behalf.
Privacy Policy
Your privacy is important to NeurGear. NeurGear’s Privacy Policy, available at [link to Privacy Policy],
explains users’ rights and responsibilities with respect to information collected on this Site. All
information NeurGear collects on this Site is subject to our Privacy Policy and the Privacy Policy is
hereby incorporated into these Terms and Conditions by reference.
Subject to the terms and conditions set forth in our Privacy Policy, any communication or material
that you transmit to, or post on, the Site by electronic mail or otherwise, including but not limited to,
any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential
and nonproprietary information. NeurGear or any of its affiliates, may use such communication or
material for any purpose whatsoever, including, but not limited to, reproduction, disclosure,
transmission, publication, broadcast and further posting. Further, NeurGear and its affiliates are free
to use any ideas, concepts, know-how or techniques contained in any communication or material
you send to the Site for any purpose whatsoever, including, but not limited to, developing,
manufacturing and marketing products.
Location
This website originates from the United States of America. We make no representations that the
information on our Site is appropriate or available for use in any location outside of the United
States.
Communications
Although NeurGear may review communications by users or third parties posted on the Site, it is
under no obligation to do so, and assumes no responsibility for such communications. NeurGear
reserves the right, but is not obligated, to review communications and materials posted or uploaded
to the Site, and to block or remove communications or materials that it determines to be (a)
fraudulent, deceptive, or misleading; (b) in violation of a copyright, trademark, or other intellectual
property right of another; (c) abusive, defamatory, or obscene; or (d) offensive, objectionable or
otherwise unacceptable to NeurGear in its sole discretion.
Export.
The Site may be subject to U.S. export control laws and may be subject to export or import
regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any
U.S. technical data acquired from Company, or any products utilizing such data, in violation of the
United States export laws or regulations.
Miscellaneous
These Terms and Conditions, together with our Privacy Policy and any other agreement that may be
separately entered into by you and NeurGear, constitute the entire agreement between you and
NeurGear, and supersede all other agreements, representations and understandings regarding the
subject matter contained herein, whether written or oral.
If any clause or provision of these Terms and Conditions is determined to be illegal, invalid, or
unenforceable, then all other clauses or provisions not so determined to be illegal, invalid, or
unenforceable shall remain in full force and effect.
These Terms and Conditions and your use of the Site shall be governed by the laws of the United
States of America and the State of Deleware, without regard to conflicts of laws principles.
Contacting NeurGear
If you have any questions, comments, or concerns relating to these Terms and Conditions, our
Privacy Policy, the Site, or NeurGear, please contact us at:
NeurGear, LLC
295 Warrington Drive
Rochester NY 14618
info@NeurGear.com