Privacy Notice

Effective June 14th 2016

NeurAxis, Inc. (“NEURAXIS”) knows you care about your privacy. This Privacy Notice describes how NEURAXIS collects, uses, shares, and secures your information. Our Privacy Notice applies to all persons who use our Services (“Users”) and governs our Users’ access to and use of all NEURAXIS operated and controlled websites, including NeurAxis.com, NeurAxis.litmos.com, NeurAxis.litmos.com, NEURAXIS Facebook, NEURAXIS Twitter, NEURAXIS Instagram and NEURAXIS Snapchat controlled by NEURAXIS (collectively, the “Services”).

Agreement & Eligibility

Your Agreement With NEURAXIS

This Privacy Notice constitutes a binding legal agreement between you, as a User who uses and interacts with the Services, and NEURAXIS. Before accessing, using, or interacting with the Services you should carefully review the terms and conditions of this Privacy Notice, as well as our Terms of Service http://neuraxis.com/terms-of-service/, which are incorporated into your agreement with NEURAXIS by this reference. This Privacy Notice applies only to the Services, and our collection, use, disclosure, and protection of your information. It does not apply to third party websites, applications, or services.

By using or interacting with any of our Services you signify your consent to our Privacy Notice and Terms of Service, and the collection, use, transfer, storage, and disclosure of your information described in this Privacy Notice. If you do not agree to the terms of our Privacy Notice and Terms of Service, then you may not use or interact with the Services.

If you have questions about NEURAXIS’ Privacy Notice or practices, or if you need to contact us about the information we collect about you, you may contact us using the contact information provided at the end of this Privacy Notice.

Eligibility To Use The Services

NEURAXIS’ Services are not directed to minors under the age of 18.

Information Collection & Use

NEURAXIS collects information about you when you provide information to us and when we collect information about you automatically when you access, use, or interact with the Services. We use this information for a variety of different reasons, including to improve the Services and tailor the Services to you. The types of information NEURAXIS may collect include:

Information You Provide To Us

NEURAXIS Account Information: NEURAXIS may require you to register for an account in order to use certain Services (an “NEURAXIS Account”). We do not require you register to view many of our Services. However if you do register, you will gain access to those areas and features of the Services that require registration. NEURAXIS will collect certain information about you in connection with your registration for your NEURAXIS Account, which may include Personally Identifiable Information and other information such as a username, password, personal profile, pictures and your location “Personally Identifiable Information” refers to information about you that may be used to identify you, such as your: first name, last name, gender, birth date, address, zip code, email address, or phone number. You are not required to provide your Personally Identifiable Information; however, if you choose to withhold certain Personally Identifiable Information, we may not be able to provide you the Services.

Payment Transaction Information: You may provide certain information to complete payments via the Services, including your name, address, credit or debit card number, card expiration date, CVV code, and billing address (collectively, “Payment Information”), along with your delivery or shipping address, to complete payment transactions through certain of our Services.  We consider the Payment Information we collect from you private and will not make such information public. We may collect and store information related to your purchases made through our Services.

Correspondence Information: If you email us, subscribe to our newsletters or mailing lists, or purchase products or services through the Services, we may keep your message, email address, and contact information to respond to your requests, provide the requested products or Services, and to provide notifications or other correspondences to you. We do not share or sell any personal information to other organizations for commercial purposes. If you do not want to receive e-mail from us in the future, please let us know by to send us an email or writing to us at the address below. Please note requests to remove your email address from our lists may take some time to fulfill. We may also still contact you regarding certain important Services announcements or notifications.

Information We Collect Automatically

Cookies, Web Beacons, Links, And Other Tracking Technologies: NEURAXIS may keep track of how you use and interact with the Services through the use of cookies, web beacons, links, and other tracking technologies.  We do this to help analyze the use of and improve the Services. Through these technologies we may automatically collect information about your use of the Services and other online activities, including our email correspondences, third-party services, and client applications, and certain online activities after you leave the Services. Link information is generally only analyzed on an aggregate basis. Some Services may not function properly if you disable cookies.

Unique Identifiers: When you use or access the Services, we may access, collect, monitor, store on your device, and/or remotely store one or more “Unique Identifiers,” such as a universally unique identifier (“UUID”). A Unique Identifier may remain on your device persistently, to help you log in faster and enhance your navigation through the Services. Some features of the Services may not function properly if use or availability of Unique Identifiers is impaired or disabled.

Log File Information: When you use our Services, we may receive log file information such as your IP address, browser type, access times, domain names operating system, the referring web page(s), pages visited, location, your mobile carrier, device information (including device and application IDs), search terms, and cookie information. We receive log file data when you interact with our Services, for example, when you visit our websites, sign into our Services, or interact with our email notifications. NEURAXIS uses log file data to provide, understand, and improve our Services, and to customize the content we show you. NEURAXIS may link this log file to other information NEURAXIS collects about you via the Services.

Public Information: NEURAXIS may also collect information about you from publicly available sources. Information you make publicly available in any public or open forum, such as on a social network, may be considered public information for the purposes of this Privacy Notice, and may be accessed and collected by NEURAXIS. Please be aware that any content or information you share with or provide to third parties using or related to your use of the Services is nether private, nor confidential. NEURAXIS is not responsible for any content or information you post or share with third parties. If you do not wish for certain information to be public, please do not share it.

Information Sharing

NEURAXIS , including to:

NEURAXIS Personnel: NEURAXIS’s personnel may have access to your information as needed to provide and operate the Services in the normal course of business. This includes information regarding your use and interaction with the Services.

Service Providers: NEURAXIS works with various organizations and individuals to help provide the Services to you (“Service Providers“), such as hosting companies, payment processors to process payments, or companies that provide analytics information, like Google Analytics. We may share your personal information with our Service Providers for the purpose of providing the Services. The information we share to our Service Providers may include both information you provide to us and information we collect about you, including Personally Identifiable Information, Payment Information (to our payment processing providers only), information from data collection tools like cookies, web beacons, log files, Unique Identifiers, and location data. If NEURAXIS becomes aware that any Service Provider is using or disclosing information improperly, we will take commercially reasonable steps to end or correct such improper use or disclosure.

Business Transactions: NEURAXIS may purchase other businesses or their assets, sell our business assets, or be involved in a bankruptcy, merger, acquisition, reorganization or sale of assets (a “Business Transaction”). Your information, including Personally Identifiable Information, may be among assets sold or transferred as part of a Business Transaction.

Lawful Requests: We may be required to disclose User information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We generally do not disclose User information unless we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. We may share your information when we believe it is necessary to comply with applicable laws, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the Services or using the NEURAXIS name, or to protect the safety of any person. This may include sharing information with other companies, lawyers, agents, or government agencies. Nothing in this Privacy Notice is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your information.

Accessing & Modifying Your Information

Access To The Information NEURAXIS Has Collected About You

NEURAXIS provides certain tools and settings within the Services to help you access, correct, delete, or modify the personal information you provided to us and associated with your account. NEURAXIS welcomes you to contact us regarding the information we have collected about you, including regarding the nature and accuracy of the data has collected about you, or to request an update or deletion of your information. Requests to delete or remove your information do not ensure complete or comprehensive removal of the content or information posted, and removed information may persist in backup copies indefinitely. Please note that if you choose to delete your information or opt-out of the collection and use of your information, you understand that certain features, including but not limited to access to the Services, may no longer be available to you.

We may store the information we collect about you indefinitely, but information generally will be retained only for as long as necessary to fulfill the purposes for which the information was collected, or as otherwise required by law. Following termination or deactivation of your NEURAXIS Account, NEURAXIS may retain your information and content for a commercially reasonable time for backup, archival, and audit purposes.

Opting-Out Of Communications From NEURAXIS

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from NEURAXIS by contacting us at http://neuraxis.com/contact/. You may unsubscribe from email communications from us by clicking on the “unsubscribe” link provided within certain communications. You may not, however, opt-out of Services-related communications, for example, account verification, purchase and billing confirmations and reminders, changes or updates to features of the Services, or technical and security notices.

Do Not Track

NEURAXIS does not currently employ a process for automatically responding to “Do Not Track” (DNT) signals sent by web browsers, mobile devices, or other mechanisms. Per industry standards, third parties may be able to collect information, including Personally Identifiable Information, about your online activities over time and across different websites or online services when you use Services. You may opt out of online behavioral ads at http://www.aboutads.info/choices/. You also may limit certain tracking by disabling cookies in your web browser.

Information Security

Security Of Your Information

NEURAXIS When personal information (such as a credit card or bank account number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol. As no data security protocol is impenetrable, NEURAXIS cannot guarantee the security of our systems or databases, nor can we guarantee that personal information we collect about you will not be breached, intercepted, destroyed, accessed, or otherwise disclosed without authorization. Accordingly, any information you transfer to or from Services is provided at your own risk.

Please do your part to help us keep your information secure. You are responsible for maintaining the confidentiality of your password and NEURAXIS Account, and are fully responsible for all activities that occur under your password or NEURAXIS Account. NEURAXIS specifically reserves the right to terminate your access to the Services and any contract you have with NEURAXIS related to the Services in the event it learns or suspects you have disclosed your NEURAXIS Account or password information to an unauthorized third party.

Data Security Incidents

In the event that any information under our control is compromised as a result of a breach of security or other data security incident, NEURAXIS will take reasonable steps to investigate the situation and where necessary, notify those individuals whose information may have been compromised and take other steps in accordance with applicable laws and regulations. We are not responsible for the functionality, privacy, or security measures of any other organization.

Additional Provisions Regarding The Services & Your Information

Transfer And Storage Of Your Information

Please note information NEURAXIS collects about you may be transferred, processed and/or accessed by us in the United States, or another country where we, or our Service Providers operate. Please be aware Personally Identifiable Information may be transferred to, and maintained on, computers located outside of your state or country where the privacy laws may differ from and may not be as protective as those where you live. If you are located outside the United States and choose to allow us to collect information about you, please be aware that NEURAXIS may transfer your Personally Identifiable Information to the United States and process and store it there. By allowing collection of your Personally Identifiable Information, you consent to having your personal data transferred to, processed, and stored in the United States.

If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information to a country or jurisdiction that does not have the same data protection laws as your jurisdiction. By submitting your information, registering for, or using the Services, you consent to the transfer, processing, and storage of your information in the United States, or any other country in which NEURAXIS or our Service Providers maintain facilities, and to the use and disclosure of information about you as described in this Privacy Notice.

Safely Using NEURAXIS’ Services

Despite NEURAXIS’ safety and privacy controls, we cannot guarantee the Services are entirely free of illegal, offensive, pornographic, or otherwise inappropriate material, or that you will not encounter inappropriate or illegal conduct from other Users when using the Services. You can help NEURAXIS by notifying us of any unwelcome contact by contacting us using the information below.

Changes to Our Privacy Notice

The Services that NEURAXIS provides are always evolving and the form and nature of the Services may change without prior notice to you. NEURAXIS may modify this Privacy Notice at any time. The most current version of our Privacy Notice will govern our use of your information and will be located at http://neuraxis.com/privacy-notice/ . Modifications to the Privacy Notice are effective upon the posting of an amended Notice to the Service s. We may also notify you of changes to the Privacy Notice, particularly if we deem the changes to be material. By continuing to access or use the Services after changes become effective, you agree to be bound by the revised Privacy Notice.

Contact NeurAxis

Web Master
NeurAxis, Inc.
webmaster@neuraxis.com
Phone: (812) 689-0791

Terms of Services

Effective June 14th 2016

These are the Terms of Services (“Terms”) that govern your access to and use of all NEURAXIS operated and controlled websites, including You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

PLEASE READ THESE TERMS OF SERVICES CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES RESULTING FROM YOUR USE OF THE SERVICES. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AS DESCRIBED BELOW.

Your Acceptance Of The Terms

Please be aware that these Terms constitute a binding legal agreement between you and NEURAXIS outlining your legal rights, obligations, and remedies arising from your use of the Services. If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority and are able to form this contract binding your employer, or the applicable entity, to these terms conditions; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of the party that you represent, to this Agreement. By accessing or using the Services, you (the “User”) signify that you have read, understand, and agree to be bound by these Terms, and by the terms of NEURAXIS’ Privacy Notice, which provides information concerning our collection and use of your personal information. These Terms apply to anyone who accesses or uses the Service, whether or not you have registered for an account with NEURAXIS. By using the Services you are indicating your acceptance of the terms and conditions of the Terms and Privacy Notice, including any dispute resolution, arbitration, limitation of damages, and choice of law provisions

PLEASE READ THESE TERMS OF SERVICES CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS OF SERVICES IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS INCLUDED WITHIN THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.

Privacy

NEURAXIS knows you care about your privacy. To learn more about how NEURAXIS collects, uses, shares, and secures your information, please review NEURAXIS’ Privacy Notice, which is incorporated into your agreement with NEURAXIS by this reference.

Eligibility To Use The Services

NEURAXIS’ Services are not directed to minors under the age of 18 .

Your Representations & Warranties to NEURAXIS

By using the Services, you expressly represent and warrant that you are legally entitled to enter into this Agreement. If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Services. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such entity, organization, or company. When using the Services, you agree to comply with all applicable laws from your home nation and the country, state and city in which you are present while using the Services.

By using the Services, you represent, warrant, and agree that:

You will only use the Services for lawful purposes, and you will not use the Services for sending, storing, or distributing any unlawful material or for fraudulent purposes;

  • 1
    You will not use the Services to cause nuisance, annoyance or inconvenience;
  • 2
    You will not impair the proper operation of the Services or any network which is used to support or access the Services;
  • 3
    You will not try to harm the Services in any way whatsoever;
  • 4
    You will not copy, or distribute the Services or other content without written permission from NEURAXIS;
  • 5
    You will only use the Services for your own use and will not resell any aspect of the Services to a third party;
  • 6
    You will keep secure and confidential your account password or any identification we may provide you which allows access to the Services; and
  • 7
    You will provide us with whatever proof of identity we may reasonably request.

Accounts & Registration

Registering for an NEURAXIS Account: In order to use or access certain Services or features of the Services, we may require you to register for a user account (an “NEURAXIS Account”) and become a registered user of the Services (a “Registered User”). If you obtain an NEURAXIS Account and become a Registered User, you agree to: (1) provide accurate, current, and complete information about yourself and/or the Registered User during the registration process; (2) maintain and promptly update such information to keep it accurate, current, and complete; (3) maintain the security of your password and login information, and that you will not disclose your password or login information to any third party; (4) accept full responsibility for all use any NEURAXIS Account you register, and for any actions that arise from your NEURAXIS Account or take place using your NEURAXIS Account, whether or not you have authorized such activities or actions; and (5) immediately notify NEURAXIS of any unauthorized use of your NEURAXIS Account. Failure to abide by this Agreement shall constitute a breach of the Terms, which may result in immediate termination of your NEURAXIS Account.

Your NEURAXIS Account Information: You may not select or use an NEURAXIS Account name, handle, or login that: (1) is comprised of or includes the name of another person with the intent to impersonate that person; (2) is subject to any rights of a person other than you without appropriate authorization; (3) suggests a false association between you and NEURAXIS; or (4) that, in NEURAXIS’ sole discretion, is offensive, vulgar, or obscene. NEURAXIS reserves the right to refuse registration of an NEURAXIS Account, or cancel any account name, in its sole discretion.

NEURAXIS’s Termination of Access to the Services: NEURAXIS maintains the right to suspend or disable your access to the Services and any NEURAXIS Account you may have created, or terminate these Terms, at its sole discretion and without prior notice to you if you breach the Terms, or if NEURAXIS otherwise determines such action is warranted. NEURAXIS reserves the right to revoke your access to and use of the Services at any time, with or without cause.

Your Cancellation of Your NEURAXIS Account or Use of the Services: You may cancel your NEURAXIS Account or your access to the Services at any time by contacting NEURAXIS using the information below. Upon cancellation of your NEURAXIS Account, NEURAXIS may: (1) retain your information and content indefinitely; (2) continue to use your information for research purposes indefinitely; and (3) retain, use, and continue to show information about your use of the Services.

User Conduct

As a condition of your use of the Services, you agree not to use the Services: (1) for any illegal purpose; (2) for any purpose that is prohibited by these Terms; or (3) for any other purpose not reasonably intended by NEURAXIS as typical or expected use of the Services consistent with the purpose for which the Services were created.

You specifically agree you will not do any of the following:

  • 1
    Use the Services for or in connection with any illegal purpose, or in violation of any applicable local, state, national, or international law or rule or regulation having the force of law;
  • 2
    Abuse, harass, threaten, impersonate, or intimidate others;
  • 3
    Post, upload, or otherwise distribute or post links to any content that is unlawful, defamatory, libelous, inaccurate, or that you do not have all necessary rights to transmit, or that NEURAXIS or a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by NEURAXIS in its sole discretion;
  • 4
    Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain any password or other confidential information, or private information from any Services User;
  • 5
    Create or submit unwanted email (“Spam”) to any other person or any URL;
  • 6
    Submit content linking or otherwise directing others to affiliate programs, multi-level marketing schemes, or off-topic content;
  • 7
    With the exception of accessing RSS feeds, to use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission;
  • 8
    Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  • 9
    Interfere or attempt to interfere with the proper working of the Services or any activities conducted on or through the Services;
  • 10
    Bypass any measures we may use to prevent or restrict access to the Services or any part of the Services including creating multiple NEURAXIS Accounts or screen names for an individual Services User;
  • 11
    Interfere with the operation of the Services or any User’s enjoyment of the Services, including without limitation, by: (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious software or code; (ii) making unsolicited offers, advertisements, or other solicitations, directing spam or other unsolicited communications to other Users, or conducting your own contests or promotions using the Services; (iii) attempting to collect personal information about Users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Services, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
  • 12

    Share, sell, or otherwise transfer the access granted to you to the Services, including information regarding your NEURAXIS Account, login information, or password, or otherwise permit any other person to access the Services using your NEURAXIS Account, login information, or password.

  • 13
    Use the Services, related content, or any component thereof, for any unintended commercial purpose, including advertising, offering for sale, or selling any item using the Services;
  • 14
    Violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party Intellectual Property or other legal rights;
  • 15
    Reproduce, distribute, publicly display or perform, modify, make derivative works of, redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Services, Content, code or program, available to others, in whole or part;
  • 16
    Interfere with security features of the Services, including without limitation, by: (i) disabling or circumventing features that prevent or limit use or copying of content, or which violate copyrighted or otherwise legally protected software; or (ii) reverse engineering or otherwise attempting to extract the source code of the Services or any part thereof, except to the extent that such activity is expressly permitted by applicable law;
  • 17
    Perform any fraudulent activity using or in connection with the Services, including impersonating any person or entity, claiming false affiliations, accessing the accounts or passwords of others without permission, or falsifying your age, date of birth, or contact information; or
  • 18
    Attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging in any of the activities described in this Section.

Content & Licenses

Content Definitions

There are various types of content involved in providing and operating the Services. Throughout the remainder of these Terms, we will use the term “Content” to mean all text, links, graphics, images, photos, music, software, audio, video, information, software, copyrights, trademarks, trade dress, and other materials and intellectual properties comprising or included within the Services. “NEURAXIS Content” means Content that NEURAXIS makes available to you through the Services, including any Content licensed to NEURAXIS from a third party (excluding User Content). “User Content” means Content posted, uploaded, published, submitted, transmitted, or otherwise made available through the Services by you, the User, whether or not you are a Registered User, or whether or not a User owns or created the Content, including all copyrights, inventions, and other Intellectual Property rights. “Collective Content” collectively refers to all of the Content available through the Services, including NEURAXIS Content and User Content.

Content Ownership

All NEURAXIS Content is owned by NEURAXIS or its third party licensor partners. Your use of the Services does not grant you any rights to the use or control of any of the NEURAXIS Content, except those rights expressly granted by this Agreement. Any copying, republication, redistribution, or creation of derivative works based upon the NEURAXIS Content, including by caching, framing or any similar means, without the prior written consent of NEURAXIS is strictly prohibited.

The Services and NEURAXIS Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, NEURAXIS and its licensors exclusively own all right, title and interest in and to the Services and NEURAXIS Content, including all associated Intellectual Property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or NEURAXIS Content. NEURAXIS or its partners shall retain all worldwide rights in and to all Intellectual Property comprising or included within the NEURAXIS Content, including, but not limited to all trademarks, graphics, logos, designs, page headers, button icons, scripts, service names, software code, the “look and feel” of the Services, and copyrighted works associated with the Service is common law and/or registered copyrights, trademarks, and/or trade dress of NEURAXIS.

You should assume that everything you read or see on the Services is copyrighted or otherwise protected and owned by NEURAXIS, or a third party who licensed the right to use such content to NEURAXIS. Unless otherwise expressly noted, nothing that you read or see on the Services or other Collective Content, or any of the source code or HTML code that NEURAXIS uses to generate the Services may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of NEURAXIS or the appropriate Content owner without prior written consent, except as provided in these Terms or otherwise permitted by relevant law.

No Collective Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without NEURAXIS’ prior written permission, with the exception of your own User Content that you legally post on the Services. Except for your own User Content, you may not upload or republish Collective Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Collective Content is strictly prohibited.

NEURAXIS is not the publisher or speaker of User Content, or any other information on the Services provided by third party content providers, and NEURAXIS is not liable for any claims related to such information. Any mention in the Services of products or Services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by NEURAXIS. NEURAXIS assumes no responsibility for those products or Services.

NEURAXIS’ License to You

Subject to your compliance with these Terms, NEURAXIS grants you, to the extent it is able to do so, a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download, print, and otherwise use the Services and the Collective Content.

You agree you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise except for the licenses and rights expressly granted in these Terms. Any use of the Services or the Collective Content other than as specifically authorized herein, without the prior written permission of NEURAXIS, is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to Intellectual Property rights, whether by estoppel, implication or otherwise. This license is revocable by NEURAXIS at any time without notice and with or without cause.

Your License to NEURAXIS

Certain features of the Services may permit our Users to post, upload, publish, submit, or transmit User Content they created, owned, or are authorized to use, to be made available through the Services. By making available User Content through the Services, you hereby grant to NEURAXIS and its respective subsidiaries, affiliates, successors, assigns, licensees, resellers, sub-licensees, and other such parties as NEURAXIS may designate from time to time, which may include any or all other users of the Services, an irrevocable, worldwide, perpetual, non-exclusive, transferable, sublicensable, royalty-free license, to use, reproduce, access, view, copy, adapt, import, edit, modify, reformat, translate, post, distribute, license, sell, offer to sell, transfer, commercialize, publicly display, publicly perform, transmit, stream, broadcast, create derivative works from, and otherwise utilize such User Content, in whole or in part, for any purpose whatsoever, in any and all media and distribution methods (now known or later developed), including, without limitation, on or within the Services, or for advertising or marketing of the Services, as well as a license to use your name and likeness in marketing materials and in the Services to promote your use of the Services. You agree and acknowledge that this license cannot be terminated and the waiver cannot be revoked without the express written consent of NEURAXIS once you have submitted User content within the Services.

Your grant of this license to NEURAXIS to utilize your User Content and any derivative works of the User Content created by using the Services does not displace your ownership of the User Content, or any license or authority you may have from any third parties to utilize the Content you share as User Content. NEURAXIS does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services. Accordingly, you represent and warrant that: (1) you either are the sole and exclusive owner of all User Content that you make available through the Services, or that you have all rights, licenses, consents, and releases necessary to utilize and share the User Content, and to grant NEURAXIS the rights in such User Content contemplated under these Terms; (2) neither the User Content, your posting, uploading, publication, submission, or transmittal of the User Content, or NEURAXIS’ use of the User Content (or any portion thereof) on, through, or by means of the Services will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other Intellectual Property rights, or rights of publicity or privacy, or contractual rights or agreements, or result in the violation of any applicable law or regulation; and (3) any persons identified, depicted, or shown in your User Content, in whole or part, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the User Content on and through the Services.

We do not approve, control or endorse your or anyone else’s User Content and have no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify any User Content from the Services at any time, for any reason.

Third Party Advertising & Marketing

NEURAXIS may employ third party advertising and marketing to deliver ads, information, and other promotions to you, both through the Services, and via other mechanisms to provide such materials to you outside of the Services on third party websites or platforms. By agreeing to our Terms you agree to receive such advertising and marketing from NEURAXIS and our partners. If you do not wish to receive such advertising, you may notify us in writing using the contact information provided below. NEURAXIS may compile and release information regarding you and your use of the Services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services.

Intellectual Property

NEURAXIS and its licensors and partners own all rights, titles, and interests in and to the Services, and all related Intellectual Property rights, including all registered and unregistered trademarks, trade dress, graphics, logos, designs, page headers, button icons, scripts, service names, software code, inventions, copyrights, and copyrightable works, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services, excluding User Content (collectively, the “NEURAXIS IP”). NEURAXIS IP may not be used in connection with any product or service in any manner that is likely to cause confusion or otherwise violate the rights granted to us in NEURAXIS IP, including use of any NEURAXIS IP as part of third party trademarks, trade dress, and/or as part of domain names, email addresses, account names or handles, or other digital properties.

This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or any Intellectual Property rights owned by NEURAXIS. The NEURAXIS name, the NEURAXIS logos and designs, and the product and Service names associated with the Services are trademarks of NEURAXIS or its affiliated third parties, and no right or license is granted by this Agreement to you to use the NEURAXIS IP for purposes not directly related to your use of the Services.

Linking & Framing

NEURAXIS grants you a limited, revocable, and nonexclusive right to create a hyperlink to the webpages of the Services, so long as the links do not portray NEURAXIS or its products or Services in a false or misleading manner. You may not use any of NEURAXIS’ logo or other proprietary graphics or trademarks as part of the link without express permission. “Framing” or “mirroring” the Services or any of their content is prohibited without the prior written consent of NEURAXIS.

The Services may provide links to other sites or resources. Because NEURAXIS has no control over such sites or resources, you acknowledge and agree that NEURAXIS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that NEURAXIS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Services available on or through any such site or resource.

Email Notifications

As part of your use of the Services, you may be asked to elect to receive email notifications from NEURAXIS and its partners. These messages may include event updates and other promotions. Your election to receive such messages represents your express written consent to receiving emails from NEURAXIS related to the Services. You may opt-out of receiving certain notifications in association with the Services by completing the opt-out process provided to you with each email message or by logging into your NEURAXIS Account and modifying your settings to no longer receive further messages. By opting out of receiving notifications, you understand that we may not be able to communicate important information to you. Please note we may still need to contact you regarding certain important service announcements or notifications.

Notices

You consent to receive from NEURAXIS all communications, including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, “Notices“) electronically. NEURAXIS may provide such Notices by posting them on or within the Services, by electronic mail to your email address on record in NEURAXIS’ account information, or by written communication sent by first class mail or pre-paid post to your address on record. You agree that we may communicate with you regarding NEURAXIS and other entities by electronic means to your mobile device and that certain information about your usage of the Services may be communicated to us. In the event you change or deactivate your mobile device, you agree to promptly update your NEURAXIS Account information to ensure that your messages are not sent to the person that acquires your old device.

Termination

NEURAXIS may change, suspend or discontinue the Services for any reason, at any time, including the availability of any Services, features, or Content, without notice to you. NEURAXIS may also impose limits on certain Services, features, or Content, or restrict your access to parts or all of the Services with or without notice to you.

NEURAXIS may also terminate or suspend your use of or access to the Services at any time, immediately, without notice, and without refund, for any violation of these Terms, in our sole and absolute discretion. Upon such termination or suspension, you must immediately cease accessing or using the Services, and agree not to access, re-download, re-register or otherwise make use of, or attempt to use, the Services.

NEURAXIS may also remove or disable access to any Collective Content and suspend or ban your access to the Services or any NEURAXIS account at any time for any violation of these Terms, including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content. To report violations of the Terms, please contact NEURAXIS using the information below. You are solely responsible for your interactions with other Users of the Services. NEURAXIS reserves the right, but has no obligation, to monitor disputes between you and other Users.

You acknowledge that we reserve the right to take action, technical, legal, or otherwise, to block, nullify, or deny your ability to access the Services. You understand that we may exercise this right in our sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies otherwise available to NEURAXIS. Continued use of the Services, its components, databases, or documentation, or any part thereof, after termination is a breach of the terms of this Agreement and a violation of copyright laws. You acknowledge that we may disable access to, refuse to post, or modify or remove any information or content, in whole or in part, for any reason or no reason at all. All provisions of this Agreement, which by their nature should survive termination, shall survive the termination of this Agreement, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

You may terminate your NEURAXIS Account at any time, with or without cause, by contacting us using the contact information below.

Export Control

You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Services, nor any technical data related thereto, nor any direct product thereof, is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Services, you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

International Use

The Services are controlled and operated by NEURAXIS from within the United States. NEURAXIS makes no representations that materials contained within the Services are appropriate or available for use in other locations, and access to the Services from locations where such activity is illegal is prohibited. Those who choose to use the Services from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.

Indemnity

You agree you shall indemnify and hold harmless NEURAXIS, and any parents, subsidiaries, affiliates, customers, vendors, officers, and employees from any liability, damage or cost (including reasonable attorneys’ fees and costs) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, violation of the Terms, or the infringement by you of any Intellectual Property or violation of any right of any person or entity by you or any third party using your NEURAXIS Account, login information, or password.

Warranty Disclaimers

You acknowledge that NEURAXIS has no control over, and no duty to take any action regarding: (1) which Users gain access to or use the Services; (2) what effects the content on the Services may have on you; (3) how you may interpret or use the content on the Services; or (4) what actions you may take as a result of having been exposed to the content on the Services.

You release NEURAXIS from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. NEURAXIS makes no representations concerning any content contained in or accessed through the Services, and NEURAXIS will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. NEURAXIS makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. NEURAXIS cannot guarantee that you will obtain the results you seek or warrant that Services will be error-free.  NEURAXIS makes no representation or warranty of any kind with respect to use of Services or the use or accuracy of the information on the Services.

USER ACCESSES THESE SERVICES AT HIS OR HER OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COMPLETENESS OF ANY SERVICES PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY NEURAXIS ARE HEREBY DISCLAIMED. NEITHER NEURAXIS NOR ANY PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AND NO WARRANTY IS MADE AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF NEURAXIS, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. IN NO EVENT WILL NEURAXIS OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS, OR ILLEGAL CONDUCT OF USERS OF THE SERVICES.

Limitation of Liability

EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, NEITHER NEURAXIS NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THESE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF OR DAMAGE TO DATA OR INFORMATION OF ANY KIND, DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER, PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHER LEGAL THEORY) ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH USE OF THE SERVICES OR CONTENT, OR FOR ANY DIRECT DAMAGES IN EXCESS OF $100 (IN THE AGGREGATE), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU

The “Disclaimer” and “Limitation of Liability” provisions of this Agreement are for the benefit of NEURAXIS as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

General Terms

Entire Agreement: The Terms, including NEURAXIS’ Privacy Notice, constitutes the entire agreement between Users of the Services and NEURAXIS regarding users’ use of and access to the Services. Your use of the Services is intended for your enjoyment and benefit and the provision of the Services to you constitutes the sole and sufficient consideration that you are entitled to receive for any content or other contributions you have made to the Services.

Waiver & Severability: Failure of NEURAXIS to exercise any remedy or enforce any portion of the Terms at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. Any waiver or modification of the terms herein by NEURAXIS must be in a writing signed by an authorized officer of NEURAXIS and expressly referencing the applicable provisions of the Agreement. If any provision of the Terms or Privacy Notice is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms and Privacy Notice shall otherwise remain in full force and effect and enforceable.

Controlling Law & Jurisdiction: These Terms and any action related thereto will be governed by the laws of the State of Indiana without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Marion County, Indiana, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any enactment of the Uniform Computer Information Transactions Act shall apply to this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In any action or proceeding to enforce or interpret this Agreement, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys’ fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.

Binding Arbitration:  Any dispute relating in any way to your use of the Services shall be submitted to confidential arbitration in Indianapolis, Indiana, United States, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Indiana. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Indiana. Arbitration under this Agreement shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. NEURAXIS operates the Service from its offices in the State of Indiana.

Transfer & Assignment: This Agreement and the rights and obligations hereunder may not be assigned, in whole or in part, by you without the written consent of NEURAXIS. NEURAXIS may assign this Agreement upon ten (10) days prior written notice to you. This Agreement shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties hereto.

No Independent Contractor or Joint Venture: The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

Changes To Our Terms

The Services that NEURAXIS provides are always evolving and the form and nature of the Services NEURAXIS provides may change from time to time without prior notice to you. NEURAXIS may modify these Terms at any time. The most current version of our Terms will govern our use of your information and will be located at http://neuraxis.com/terms-of-service/ . Modifications to the Terms are effective upon the posting of an amended Terms to the Services. We may also notify you of changes to the Terms, particularly if we deem the changes to be material. By continuing to access or use the Services after changes become effective, you agree to be bound by the revised Terms.

Contact NEURAXIS

Web Master
NeurAxis, Inc.
webmaster@NeurAxis.com
Phone: (812) 689-0791

Information Sharing

NEURAXIS , including to:

NEURAXIS Personnel: NEURAXIS’s personnel may have access to your information as needed to provide and operate the Services in the normal course of business. This includes information regarding your use and interaction with the Services.

Service Providers: NEURAXIS works with various organizations and individuals to help provide the Services to you (“Service Providers“), such as hosting companies, payment processors to process payments, or companies that provide analytics information, like Google Analytics. We may share your personal information with our Service Providers for the purpose of providing the Services. The information we share to our Service Providers may include both information you provide to us and information we collect about you, including Personally Identifiable Information, Payment Information (to our payment processing providers only), information from data collection tools like cookies, web beacons, log files, Unique Identifiers, and location data. If NEURAXIS becomes aware that any Service Provider is using or disclosing information improperly, we will take commercially reasonable steps to end or correct such improper use or disclosure.

Business Transactions: NEURAXIS may purchase other businesses or their assets, sell our business assets, or be involved in a bankruptcy, merger, acquisition, reorganization or sale of assets (a “Business Transaction”). Your information, including Personally Identifiable Information, may be among assets sold or transferred as part of a Business Transaction.

Lawful Requests: We may be required to disclose User information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We generally do not disclose User information unless we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. We may share your information when we believe it is necessary to comply with applicable laws, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the Services or using the NEURAXIS name, or to protect the safety of any person. This may include sharing information with other companies, lawyers, agents, or government agencies. Nothing in this Privacy Notice is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your information.

Accessing & Modifying Your Information

Access To The Information NEURAXIS Has Collected About You

NEURAXIS provides certain tools and settings within the Services to help you access, correct, delete, or modify the personal information you provided to us and associated with your account.  NEURAXIS welcomes you to contact us regarding the information we have collected about you, including regarding the nature and accuracy of the data has collected about you, or to request an update or deletion of your information. Requests to delete or remove your information do not ensure complete or comprehensive removal of the content or information posted, and removed information may persist in backup copies indefinitely. Please note that if you choose to delete your information or opt-out of the collection and use of your information, you understand that certain features, including but not limited to access to the Services, may no longer be available to you.

We may store the information we collect about you indefinitely, but information generally will be retained only for as long as necessary to fulfill the purposes for which the information was collected, or as otherwise required by law. Following termination or deactivation of your NEURAXIS Account, NEURAXIS may retain your information and content for a commercially reasonable time for backup, archival, and audit purposes.

Opting-Out Of Communications From NEURAXIS

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from NEURAXIS by contacting us at http://neuraxis.com/contact/. You may unsubscribe from email communications from us by clicking on the “unsubscribe” link provided within certain communications. You may not, however, opt-out of Services-related communications, for example, account verification, purchase and billing confirmations and reminders, changes or updates to features of the Services, or technical and security notices.

Do Not Track

NEURAXIS does not currently employ a process for automatically responding to “Do Not Track” (DNT) signals sent by web browsers, mobile devices, or other mechanisms. Per industry standards, third parties may be able to collect information, including Personally Identifiable Information, about your online activities over time and across different websites or online services when you use Services. You may opt out of online behavioral ads at http://www.aboutads.info/choices/. You also may limit certain tracking by disabling cookies in your web browser.

Information Security

Security Of Your Information

NEURAXIS When personal information (such as a credit card or bank account number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol. As no data security protocol is impenetrable, NEURAXIS cannot guarantee the security of our systems or databases, nor can we guarantee that personal information we collect about you will not be breached, intercepted, destroyed, accessed, or otherwise disclosed without authorization. Accordingly, any information you transfer to or from Services is provided at your own risk.

Please do your part to help us keep your information secure. You are responsible for maintaining the confidentiality of your password and NEURAXIS Account, and are fully responsible for all activities that occur under your password or NEURAXIS Account. NEURAXIS specifically reserves the right to terminate your access to the Services and any contract you have with NEURAXIS related to the Services in the event it learns or suspects you have disclosed your NEURAXIS Account or password information to an unauthorized third party.

Data Security Incidents

In the event that any information under our control is compromised as a result of a breach of security or other data security incident, NEURAXIS will take reasonable steps to investigate the situation and where necessary, notify those individuals whose information may have been compromised and take other steps in accordance with applicable laws and regulations. We are not responsible for the functionality, privacy, or security measures of any other organization.

Additional Provisions Regarding The Services & Your Information

Transfer And Storage Of Your Information

Please note information NEURAXIS collects about you may be transferred, processed and/or accessed by us in the United States, or another country where we, or our Service Providers operate. Please be aware Personally Identifiable Information may be transferred to, and maintained on, computers located outside of your state or country where the privacy laws may differ from and may not be as protective as those where you live. If you are located outside the United States and choose to allow us to collect information about you, please be aware that NEURAXIS may transfer your Personally Identifiable Information to the United States and process and store it there. By allowing collection of your Personally Identifiable Information, you consent to having your personal data transferred to, processed, and stored in the United States.

If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information to a country or jurisdiction that does not have the same data protection laws as your jurisdiction. By submitting your information, registering for, or using the Services, you consent to the transfer, processing, and storage of your information in the United States, or any other country in which NEURAXIS or our Service Providers maintain facilities, and to the use and disclosure of information about you as described in this Privacy Notice.

Safely Using NEURAXIS’ Services

Despite NEURAXIS’ safety and privacy controls, we cannot guarantee the Services are entirely free of illegal, offensive, pornographic, or otherwise inappropriate material, or that you will not encounter inappropriate or illegal conduct from other Users when using the Services. You can help NEURAXIS by notifying us of any unwelcome contact by contacting us using the information below.

Changes to Our Privacy Notice

The Services that NEURAXIS provides are always evolving and the form and nature of the Services may change without prior notice to you. NEURAXIS may modify this Privacy Notice at any time. The most current version of our Privacy Notice will govern our use of your information and will be located at http://neuraxis.com/privacy-notice/ . Modifications to the Privacy Notice are effective upon the posting of an amended Notice to the Service s. We may also notify you of changes to the Privacy Notice, particularly if we deem the changes to be material. By continuing to access or use the Services after changes become effective, you agree to be bound by the revised Privacy Notice.

Contact NeurAxis

Web Master
NeurAxis, Inc.
829 S Adams St.
Versailles, IN 47042
webmaster@neuraxis.com
Phone: (812) 689-0791

Terms of Services

Effective June 14th 2016

These are the Terms of Services (“Terms”) that govern your access to and use of all NEURAXIS operated and controlled websites, including You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

PLEASE READ THESE TERMS OF SERVICES CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES RESULTING FROM YOUR USE OF THE SERVICES. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AS DESCRIBED BELOW.

Your Acceptance Of The Terms

Please be aware that these Terms constitute a binding legal agreement between you and NEURAXIS outlining your legal rights, obligations, and remedies arising from your use of the Services. If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority and are able to form this contract binding your employer, or the applicable entity, to these terms conditions; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of the party that you represent, to this Agreement. By accessing or using the Services, you (the “User”) signify that you have read, understand, and agree to be bound by these Terms, and by the terms of NEURAXIS’ Privacy Notice, which provides information concerning our collection and use of your personal information. These Terms apply to anyone who accesses or uses the Service, whether or not you have registered for an account with NEURAXIS. By using the Services you are indicating your acceptance of the terms and conditions of the Terms and Privacy Notice, including any dispute resolution, arbitration, limitation of damages, and choice of law provisions

PLEASE READ THESE TERMS OF SERVICES CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS OF SERVICES IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS INCLUDED WITHIN THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.

Privacy

NEURAXIS knows you care about your privacy. To learn more about how NEURAXIS collects, uses, shares, and secures your information, please review NEURAXIS’ Privacy Notice, which is incorporated into your agreement with NEURAXIS by this reference.

Eligibility To Use The Services

NEURAXIS’ Services are not directed to minors under the age of 18.

Your Representations & Warranties to NEURAXIS

By using the Services, you expressly represent and warrant that you are legally entitled to enter into this Agreement. If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Services. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such entity, organization, or company. When using the Services, you agree to comply with all applicable laws from your home nation and the country, state and city in which you are present while using the Services.

By using the Services, you represent, warrant, and agree that:

  • 1

    You will only use the Services for lawful purposes, and you will not use the Services for sending, storing, or distributing any unlawful material or for fraudulent purposes;

  • 2
    You will not use the Services to cause nuisance, annoyance or inconvenience;
  • 3
    You will not impair the proper operation of the Services or any network which is used to support or access the Services;
  • 4
    You will not try to harm the Services in any way whatsoever;
  • 5
    You will not copy, or distribute the Services or other content without written permission from NEURAXIS;
  • 6
    You will only use the Services for your own use and will not resell any aspect of the Services to a third party;
  • 7
    You will keep secure and confidential your account password or any identification we may provide you which allows access to the Services; and
  • 8
    You will provide us with whatever proof of identity we may reasonably request.

Accounts & Registration

Registering for an NEURAXIS Account: In order to use or access certain Services or features of the Services, we may require you to register for a user account (an “NEURAXIS Account”) and become a registered user of the Services (a “Registered User”). If you obtain an NEURAXIS Account and become a Registered User, you agree to: (1) provide accurate, current, and complete information about yourself and/or the Registered User during the registration process; (2) maintain and promptly update such information to keep it accurate, current, and complete; (3) maintain the security of your password and login information, and that you will not disclose your password or login information to any third party; (4) accept full responsibility for all use any NEURAXIS Account you register, and for any actions that arise from your NEURAXIS Account or take place using your NEURAXIS Account, whether or not you have authorized such activities or actions; and (5) immediately notify NEURAXIS of any unauthorized use of your NEURAXIS Account. Failure to abide by this Agreement shall constitute a breach of the Terms, which may result in immediate termination of your NEURAXIS Account.

Your NEURAXIS Account Information: You may not select or use an NEURAXIS Account name, handle, or login that: (1) is comprised of or includes the name of another person with the intent to impersonate that person; (2) is subject to any rights of a person other than you without appropriate authorization; (3) suggests a false association between you and NEURAXIS; or (4) that, in NEURAXIS’ sole discretion, is offensive, vulgar, or obscene. NEURAXIS reserves the right to refuse registration of an NEURAXIS Account, or cancel any account name, in its sole discretion.

NEURAXIS’s Termination of Access to the Services: NEURAXIS maintains the right to suspend or disable your access to the Services and any NEURAXIS Account you may have created, or terminate these Terms, at its sole discretion and without prior notice to you if you breach the Terms, or if NEURAXIS otherwise determines such action is warranted. NEURAXIS reserves the right to revoke your access to and use of the Services at any time, with or without cause.

Your Cancellation of Your NEURAXIS Account or Use of the Services: You may cancel your NEURAXIS Account or your access to the Services at any time by contacting NEURAXIS using the information below. Upon cancellation of your NEURAXIS Account, NEURAXIS may: (1) retain your information and content indefinitely; (2) continue to use your information for research purposes indefinitely; and (3) retain, use, and continue to show information about your use of the Services.

User Conduct

As a condition of your use of the Services, you agree not to use the Services: (1) for any illegal purpose; (2) for any purpose that is prohibited by these Terms; or (3) for any other purpose not reasonably intended by NEURAXIS as typical or expected use of the Services consistent with the purpose for which the Services were created.

You specifically agree you will not do any of the following:

  • 1
    Use the Services for or in connection with any illegal purpose, or in violation of any applicable local, state, national, or international law or rule or regulation having the force of law;
  • 2
    Abuse, harass, threaten, impersonate, or intimidate others;
  • 3
    Post, upload, or otherwise distribute or post links to any content that is unlawful, defamatory, libelous, inaccurate, or that you do not have all necessary rights to transmit, or that NEURAXIS or a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by NEURAXIS in its sole discretion;
  • 4
    Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain any password or other confidential information, or private information from any Services User;
  • 5
    Create or submit unwanted email (“Spam”) to any other person or any URL;
  • 6
    Submit content linking or otherwise directing others to affiliate programs, multi-level marketing schemes, or off-topic content;
  • 7
    With the exception of accessing RSS feeds, to use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission;
  • 8
    Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  • 9
    Interfere or attempt to interfere with the proper working of the Services or any activities conducted on or through the Services;
  • 10
    Bypass any measures we may use to prevent or restrict access to the Services or any part of the Services including creating multiple NEURAXIS Accounts or screen names for an individual Services User;
  • 11
    Interfere with the operation of the Services or any User’s enjoyment of the Services, including without limitation, by: (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious software or code; (ii) making unsolicited offers, advertisements, or other solicitations, directing spam or other unsolicited communications to other Users, or conducting your own contests or promotions using the Services; (iii) attempting to collect personal information about Users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Services, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
  • 12
    Share, sell, or otherwise transfer the access granted to you to the Services, including information regarding your NEURAXIS Account, login information, or password, or otherwise permit any other person to access the Services using your NEURAXIS Account, login information, or password.
  • 13
    Use the Services, related content, or any component thereof, for any unintended commercial purpose, including advertising, offering for sale, or selling any item using the Services;
  • 14
    Violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party Intellectual Property or other legal rights;
  • 15
    Reproduce, distribute, publicly display or perform, modify, make derivative works of, redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Services, Content, code or program, available to others, in whole or part;
  • 16
    Interfere with security features of the Services, including without limitation, by: (i) disabling or circumventing features that prevent or limit use or copying of content, or which violate copyrighted or otherwise legally protected software; or (ii) reverse engineering or otherwise attempting to extract the source code of the Services or any part thereof, except to the extent that such activity is expressly permitted by applicable law;
  • 17
    Perform any fraudulent activity using or in connection with the Services, including impersonating any person or entity, claiming false affiliations, accessing the accounts or passwords of others without permission, or falsifying your age, date of birth, or contact information; or
  • 18
    Attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging in any of the activities described in this Section.

Content & Licenses

Content Definitions

There are various types of content involved in providing and operating the Services. Throughout the remainder of these Terms, we will use the term “Content” to mean all text, links, graphics, images, photos, music, software, audio, video, information, software, copyrights, trademarks, trade dress, and other materials and intellectual properties comprising or included within the Services. “NEURAXIS Content” means Content that NEURAXIS makes available to you through the Services, including any Content licensed to NEURAXIS from a third party (excluding User Content). “User Content” means Content posted, uploaded, published, submitted, transmitted, or otherwise made available through the Services by you, the User, whether or not you are a Registered User, or whether or not a User owns or created the Content, including all copyrights, inventions, and other Intellectual Property rights. “Collective Content” collectively refers to all of the Content available through the Services, including NEURAXIS Content and User Content.

Content Ownership

All NEURAXIS Content is owned by NEURAXIS or its third party licensor partners. Your use of the Services does not grant you any rights to the use or control of any of the NEURAXIS Content, except those rights expressly granted by this Agreement. Any copying, republication, redistribution, or creation of derivative works based upon the NEURAXIS Content, including by caching, framing or any similar means, without the prior written consent of NEURAXIS is strictly prohibited.

The Services and NEURAXIS Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, NEURAXIS and its licensors exclusively own all right, title and interest in and to the Services and NEURAXIS Content, including all associated Intellectual Property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or NEURAXIS Content. NEURAXIS or its partners shall retain all worldwide rights in and to all Intellectual Property comprising or included within the NEURAXIS Content, including, but not limited to all trademarks, graphics, logos, designs, page headers, button icons, scripts, service names, software code, the “look and feel” of the Services, and copyrighted works associated with the Service is common law and/or registered copyrights, trademarks, and/or trade dress of NEURAXIS.

You should assume that everything you read or see on the Services is copyrighted or otherwise protected and owned by NEURAXIS, or a third party who licensed the right to use such content to NEURAXIS. Unless otherwise expressly noted, nothing that you read or see on the Services or other Collective Content, or any of the source code or HTML code that NEURAXIS uses to generate the Services may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of NEURAXIS or the appropriate Content owner without prior written consent, except as provided in these Terms or otherwise permitted by relevant law.

No Collective Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without NEURAXIS’ prior written permission, with the exception of your own User Content that you legally post on the Services. Except for your own User Content, you may not upload or republish Collective Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Collective Content is strictly prohibited.

NEURAXIS is not the publisher or speaker of User Content, or any other information on the Services provided by third party content providers, and NEURAXIS is not liable for any claims related to such information. Any mention in the Services of products or Services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by NEURAXIS. NEURAXIS assumes no responsibility for those products or Services.

NEURAXIS’ License to You

Subject to your compliance with these Terms, NEURAXIS grants you, to the extent it is able to do so, a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download, print, and otherwise use the Services and the Collective Content.

You agree you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise except for the licenses and rights expressly granted in these Terms. Any use of the Services or the Collective Content other than as specifically authorized herein, without the prior written permission of NEURAXIS, is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to Intellectual Property rights, whether by estoppel, implication or otherwise. This license is revocable by NEURAXIS at any time without notice and with or without cause.

Your License to NEURAXIS

Certain features of the Services may permit our Users to post, upload, publish, submit, or transmit User Content they created, owned, or are authorized to use, to be made available through the Services. By making available User Content through the Services, you hereby grant to NEURAXIS and its respective subsidiaries, affiliates, successors, assigns, licensees, resellers, sub-licensees, and other such parties as NEURAXIS may designate from time to time, which may include any or all other users of the Services, an irrevocable, worldwide, perpetual, non-exclusive, transferable, sublicensable, royalty-free license, to use, reproduce, access, view, copy, adapt, import, edit, modify, reformat, translate, post, distribute, license, sell, offer to sell, transfer, commercialize, publicly display, publicly perform, transmit, stream, broadcast, create derivative works from, and otherwise utilize such User Content, in whole or in part, for any purpose whatsoever, in any and all media and distribution methods (now known or later developed), including, without limitation, on or within the Services, or for advertising or marketing of the Services, as well as a license to use your name and likeness in marketing materials and in the Services to promote your use of the Services. You agree and acknowledge that this license cannot be terminated and the waiver cannot be revoked without the express written consent of NEURAXIS once you have submitted User content within the Services.

Your grant of this license to NEURAXIS to utilize your User Content and any derivative works of the User Content created by using the Services does not displace your ownership of the User Content, or any license or authority you may have from any third parties to utilize the Content you share as User Content. NEURAXIS does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services. Accordingly, you represent and warrant that: (1) you either are the sole and exclusive owner of all User Content that you make available through the Services, or that you have all rights, licenses, consents, and releases necessary to utilize and share the User Content, and to grant NEURAXIS the rights in such User Content contemplated under these Terms; (2) neither the User Content, your posting, uploading, publication, submission, or transmittal of the User Content, or NEURAXIS’ use of the User Content (or any portion thereof) on, through, or by means of the Services will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other Intellectual Property rights, or rights of publicity or privacy, or contractual rights or agreements, or result in the violation of any applicable law or regulation; and (3) any persons identified, depicted, or shown in your User Content, in whole or part, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the User Content on and through the Services.

We do not approve, control or endorse your or anyone else’s User Content and have no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify any User Content from the Services at any time, for any reason.

Third Party Advertising & Marketing

NEURAXIS may employ third party advertising and marketing to deliver ads, information, and other promotions to you, both through the Services, and via other mechanisms to provide such materials to you outside of the Services on third party websites or platforms. By agreeing to our Terms you agree to receive such advertising and marketing from NEURAXIS and our partners. If you do not wish to receive such advertising, you may notify us in writing using the contact information provided below. NEURAXIS may compile and release information regarding you and your use of the Services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services.

Intellectual Property

NEURAXIS and its licensors and partners own all rights, titles, and interests in and to the Services, and all related Intellectual Property rights, including all registered and unregistered trademarks, trade dress, graphics, logos, designs, page headers, button icons, scripts, service names, software code, inventions, copyrights, and copyrightable works, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services, excluding User Content (collectively, the “NEURAXIS IP”). NEURAXIS IP may not be used in connection with any product or service in any manner that is likely to cause confusion or otherwise violate the rights granted to us in NEURAXIS IP, including use of any NEURAXIS IP as part of third party trademarks, trade dress, and/or as part of domain names, email addresses, account names or handles, or other digital properties.

This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or any Intellectual Property rights owned by NEURAXIS. The NEURAXIS name, the NEURAXIS logos and designs, and the product and Service names associated with the Services are trademarks of NEURAXIS or its affiliated third parties, and no right or license is granted by this Agreement to you to use the NEURAXIS IP for purposes not directly related to your use of the Services.

Linking & Framing

NEURAXIS grants you a limited, revocable, and nonexclusive right to create a hyperlink to the webpages of the Services, so long as the links do not portray NEURAXIS or its products or Services in a false or misleading manner. You may not use any of NEURAXIS’ logo or other proprietary graphics or trademarks as part of the link without express permission. “Framing” or “mirroring” the Services or any of their content is prohibited without the prior written consent of NEURAXIS.

The Services may provide links to other sites or resources. Because NEURAXIS has no control over such sites or resources, you acknowledge and agree that NEURAXIS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that NEURAXIS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Services available on or through any such site or resource.

Email Notifications

As part of your use of the Services, you may be asked to elect to receive email notifications from NEURAXIS and its partners. These messages may include event updates and other promotions. Your election to receive such messages represents your express written consent to receiving emails from NEURAXIS related to the Services. You may opt-out of receiving certain notifications in association with the Services by completing the opt-out process provided to you with each email message or by logging into your NEURAXIS Account and modifying your settings to no longer receive further messages. By opting out of receiving notifications, you understand that we may not be able to communicate important information to you. Please note we may still need to contact you regarding certain important service announcements or notifications.

Notices

You consent to receive from NEURAXIS all communications, including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, “Notices“) electronically. NEURAXIS may provide such Notices by posting them on or within the Services, by electronic mail to your email address on record in NEURAXIS’ account information, or by written communication sent by first class mail or pre-paid post to your address on record. You agree that we may communicate with you regarding NEURAXIS and other entities by electronic means to your mobile device and that certain information about your usage of the Services may be communicated to us. In the event you change or deactivate your mobile device, you agree to promptly update your NEURAXIS Account information to ensure that your messages are not sent to the person that acquires your old device.

Termination

NEURAXIS may change, suspend or discontinue the Services for any reason, at any time, including the availability of any Services, features, or Content, without notice to you. NEURAXIS may also impose limits on certain Services, features, or Content, or restrict your access to parts or all of the Services with or without notice to you.

NEURAXIS may also terminate or suspend your use of or access to the Services at any time, immediately, without notice, and without refund, for any violation of these Terms, in our sole and absolute discretion. Upon such termination or suspension, you must immediately cease accessing or using the Services, and agree not to access, re-download, re-register or otherwise make use of, or attempt to use, the Services.

NEURAXIS may also remove or disable access to any Collective Content and suspend or ban your access to the Services or any NEURAXIS account at any time for any violation of these Terms, including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content. To report violations of the Terms, please contact NEURAXIS using the information below. You are solely responsible for your interactions with other Users of the Services. NEURAXIS reserves the right, but has no obligation, to monitor disputes between you and other Users.

You acknowledge that we reserve the right to take action, technical, legal, or otherwise, to block, nullify, or deny your ability to access the Services. You understand that we may exercise this right in our sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies otherwise available to NEURAXIS. Continued use of the Services, its components, databases, or documentation, or any part thereof, after termination is a breach of the terms of this Agreement and a violation of copyright laws. You acknowledge that we may disable access to, refuse to post, or modify or remove any information or content, in whole or in part, for any reason or no reason at all. All provisions of this Agreement, which by their nature should survive termination, shall survive the termination of this Agreement, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

You may terminate your NEURAXIS Account at any time, with or without cause, by contacting us using the contact information below.

Export Control

You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Services, nor any technical data related thereto, nor any direct product thereof, is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Services, you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

International Use

The Services are controlled and operated by NEURAXIS from within the United States. NEURAXIS makes no representations that materials contained within the Services are appropriate or available for use in other locations, and access to the Services from locations where such activity is illegal is prohibited. Those who choose to use the Services from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.

Indemnity

You agree you shall indemnify and hold harmless NEURAXIS, and any parents, subsidiaries, affiliates, customers, vendors, officers, and employees from any liability, damage or cost (including reasonable attorneys’ fees and costs) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, violation of the Terms, or the infringement by you of any Intellectual Property or violation of any right of any person or entity by you or any third party using your NEURAXIS Account, login information, or password.

Warranty Disclaimers

You acknowledge that NEURAXIS has no control over, and no duty to take any action regarding: (1) which Users gain access to or use the Services; (2) what effects the content on the Services may have on you; (3) how you may interpret or use the content on the Services; or (4) what actions you may take as a result of having been exposed to the content on the Services.

You release NEURAXIS from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. NEURAXIS makes no representations concerning any content contained in or accessed through the Services, and NEURAXIS will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. NEURAXIS makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. NEURAXIS cannot guarantee that you will obtain the results you seek or warrant that Services will be error-free.  NEURAXIS makes no representation or warranty of any kind with respect to use of Services or the use or accuracy of the information on the Services.

USER ACCESSES THESE SERVICES AT HIS OR HER OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COMPLETENESS OF ANY SERVICES PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY NEURAXIS ARE HEREBY DISCLAIMED. NEITHER NEURAXIS NOR ANY PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AND NO WARRANTY IS MADE AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF NEURAXIS, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. IN NO EVENT WILL NEURAXIS OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS, OR ILLEGAL CONDUCT OF USERS OF THE SERVICES.

Limitation of Liability

EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, NEITHER NEURAXIS NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THESE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF OR DAMAGE TO DATA OR INFORMATION OF ANY KIND, DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER, PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHER LEGAL THEORY) ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH USE OF THE SERVICES OR CONTENT, OR FOR ANY DIRECT DAMAGES IN EXCESS OF $100 (IN THE AGGREGATE), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU

The “Disclaimer” and “Limitation of Liability” provisions of this Agreement are for the benefit of NEURAXIS as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

General Terms

Entire Agreement: The Terms, including NEURAXIS’ Privacy Notice, constitutes the entire agreement between Users of the Services and NEURAXIS regarding users’ use of and access to the Services. Your use of the Services is intended for your enjoyment and benefit and the provision of the Services to you constitutes the sole and sufficient consideration that you are entitled to receive for any content or other contributions you have made to the Services.

Waiver & Severability: Failure of NEURAXIS to exercise any remedy or enforce any portion of the Terms at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. Any waiver or modification of the terms herein by NEURAXIS must be in a writing signed by an authorized officer of NEURAXIS and expressly referencing the applicable provisions of the Agreement. If any provision of the Terms or Privacy Notice is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms and Privacy Notice shall otherwise remain in full force and effect and enforceable.

Controlling Law & Jurisdiction: These Terms and any action related thereto will be governed by the laws of the State of Indiana without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Marion County, Indiana, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any enactment of the Uniform Computer Information Transactions Act shall apply to this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In any action or proceeding to enforce or interpret this Agreement, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys’ fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.

Binding Arbitration:  Any dispute relating in any way to your use of the Services shall be submitted to confidential arbitration in Indianapolis, Indiana, United States, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Indiana. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Indiana. Arbitration under this Agreement shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. NEURAXIS operates the Service from its offices in the State of Indiana.

Transfer & Assignment: This Agreement and the rights and obligations hereunder may not be assigned, in whole or in part, by you without the written consent of NEURAXIS. NEURAXIS may assign this Agreement upon ten (10) days prior written notice to you. This Agreement shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties hereto.

No Independent Contractor or Joint Venture: The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

Changes To Our Terms

The Services that NEURAXIS provides are always evolving and the form and nature of the Services NEURAXIS provides may change from time to time without prior notice to you. NEURAXIS may modify these Terms at any time. The most current version of our Terms will govern our use of your information and will be located at http://neuraxis.com/terms-of-service/ . Modifications to the Terms are effective upon the posting of an amended Terms to the Services. We may also notify you of changes to the Terms, particularly if we deem the changes to be material. By continuing to access or use the Services after changes become effective, you agree to be bound by the revised Terms.

Contact NEURAXIS

Web Master
NeurAxis, Inc.
829 S Adams St.
Versailles, IN 47042
webmaster@NeurAxis.com
Phone: (812) 689-0791

A New Standard Of Care

*The IB-Stim is a percutaneous electrical nerve field stimulator (PENFS) system intended to be used in patients 11-18 years of age with functional abdominal pain associated with irritable bowel syndrome (IBS). The IB-Stim is intended to be used for 120 hours per week up to 3 consecutive weeks, through application to branches of Cranial Nerves V, VII, IX and X, and the occipital nerves identified by transillumination, as an aid in the reduction of pain when combined with other therapies for IBS DEN180057.