Privacy Notice
Effective July 31, 2024
NeurAxis, Inc. (“NEURAXIS”) knows you care about your privacy. This Privacy Policy describes how NEURAXIS collects, uses, shares, and secures your information. Our Privacy Policy governs Neuraxis’ online, digital and other service activities including all NEURAXIS operated and controlled Services, NeurAxis.com, ibstim.com, Kidsstomachpain.com and any other applications, social media accounts or platforms, or publicly accessible web sites to the extent they are controlled by or maintained on behalf of NeurAxis. (collectively, the “Services”). The Privacy Policy applies to all persons who use our Services (“Users”). However, this Privacy Policy does not pertain to personally identifying information related to an individual’s past, present, or future health, health care, or payment for health care, which is covered when we are acting as a business associate to health care providers pursuant to the Health Insurance Portability and Accountable Act (“HIPAA”).
Agreement & Eligibility
Your Agreement With NEURAXIS
This Privacy Policy 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 Policy, as well as our Terms of Service https://neuraxis.com/terms, which are incorporated into your agreement with NEURAXIS by this reference. This Privacy Policy 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 Policy and Terms of Service, and the collection, use, transfer, storage, and disclosure of your information described in this Privacy Policy. If you do not agree to the terms of our Privacy Policy and Terms of Service, then you may not use or interact with the Services.
This Privacy Policy is meant to help you understand what Personal Information we collect, why we collect it, and how we treat it. This policy also explains how you can exercise certain rights you may have, including how you can access and delete your information. This Privacy Policy does not apply to Personal Information that we process from employees, job applicants, and other individuals that we interact with in the employment context.
If you have questions about NEURAXIS’ Privacy Policy 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 Policy.
What is personal information?
Personal Information is any information relating to a natural person who is, or can be, identified either directly or indirectly from such information and includes information such as a person’s contact information (such as name, address, telephone number, email address), demographic information (such as gender, date of birth, and zip code) and Internet activity (such as browsing history or devices being used), or other information directly linked to that person. You are not legally required to provide Personal Information to us, but if you refuse to provide such information, some of the features on our Services may not work as intended. Some Personal Information we collect may be Sensitive Personal Information such as information about health or medical status of you or your child.
HIPAA and PHI
Certain Personal Information that is individually identifiable to you and that relates to your past, present or future health, health care, or payment for healthcare may be “protected health information” or “PHI” and governed by HIPAA and its implementing regulations. We may collect, use and disclose PHI in accordance with HIPAA when we are acting as a business associate to providers.
NOTICE OF COLLECTION OF PERSONAL INFORMATION
Through your use of our Services, we collect, and may have collected over the past 12 months, your Personal Information in the following ways:
Information you provide directly to us
We collect information that you choose to provide directly to us, including:
We do not collect or process sensitive Personal Information for the purpose of inferring characteristics about you.
Information We Collect Automatically
We collect certain information about you when you visit our websites and use the Services through the use of tracking technologies including:
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 and type), search terms, and cookie information. We receive log file data when you interact with our Services, for example, when you visit our Services, 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 Policy, 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.
Cookies and Other Tracking Technologies
Cookies are text files sent to your Internet-connected device or browser that enable us to run analytics and better understand user interaction with the Services. Cookies can automatically collect certain information about your network connection, your IP address and other information regarding your interaction with the Services. In addition, we also use third-party cookies which are cookies that come from a domain different than our Services – as well as other tracking technologies, such as web beacons and pixels from third-party partners (e.g., Facebook, Google Analytics) which allow us to monitor user activity and Services traffic. More specifically we may use cookies and other tracking technologies for the following purposes:
Social Media
We may link with social media platforms and social media plug-ins. If you access our Services through a social media account (such as Facebook) we may gain access to information you provided to or through that social media account. When you use our Services, social media platforms may place a cookie or other tracking technology on your computer which may allow the social media platform to receive information about your use or access on our Services.
Third Parties
If we use third parties to help us manage our Services and operations, those third parties may also collect Personal Information while they are providing us with their services. For example, they may collect information to help us analyze our Services performance.
HOW DO WE USE YOUR INFORMATION?
We collect and use your information so that we can operate effectively and provide you with the best experience. We also use the information we collect for the following purposes:
HOW DO WE SHARE YOUR INFORMATION?
We do not sell your personal information to third parties for monetary consideration and have not done so in the previous 12 months. Depending on your browser preferences, we may share Personal Information we collect on our Services for cross-context behavioral advertising or targeted advertising. We have shared or may share information as follows:
With our service providers and business partners.
We may provide Personal Information to our vendors, consultants, marketing partners, research firms, and other service providers or business partners. This may include, for example:
With your consent.
We may share your information other than as described in this policy if we notify you and you consent to the sharing. For example, if you want to provide us with a testimonial or more publicly share your experiences, we will obtain additional consent from you before sharing that information.
For legal reasons or in the event of a dispute.
We may share your information with third parties for legal reasons or in the event of a dispute. This may include, for example:
We may have shared all of the categories of Personal Information listed above in previous 12 months.
WHERE DO WE STORE 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 Personal 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 Personal 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.
HOW LONG DO WE KEEP YOUR INFORMATION?
We will only store Personal Information for as long as it is needed to fulfill the purposes for which it was collected, subject to data retention periods imposed upon us by applicable law. How long we retain your Personal Information depends on different factors, such as whether we need the information to maintain your account, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies. In addition, the data we collect may be stored in databases owned by the providers of the third-party sites. We have put into place commercially reasonable security measures in an effort to protect Personal Information from loss, misuse, or alteration while it is under our control. Please note, however, that security incidents can occur even if reasonable steps are taken to prevent such incidents; for example, we cannot guarantee that information provided through the Services will not be illegally accessed on our servers or intercepted while being transmitted to us over the internet. Additionally, we have absolutely no control over the security of other third-party sites you might visit, interact with, or do business with.
HOW SECURE IS YOUR INFORMATION?
We implement reasonable administrative, organizational and technical safeguards and security measures to protect personal information within our control from unauthorized access, acquisition, disclosure, destruction or alteration, accidental loss, misuse or damage. We regularly review and monitor such safeguards and security measures. Although we take reasonable steps to safeguard personal information, no practices are 100% secure, and we do not guarantee the security of your information.
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 we learn or suspect 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.
CHILDREN’S DATA
Our Services is directed to and intended for use only by those who are 18 years of age or over. We do not knowingly collect, sell, or share the Personal Information from any person under 18 years of age. If you believe we have collected the Personal Information from a person under 18 years of age, please notify us and the Personal Information will be removed. If you are a parent or guardian and are providing us with Personal Information related to someone 18 years of age or younger, by submitting the information you are verifying that you have the authority to do so and are the legal parent or guardian of the child.
AGGREGATE AND DE-IDENTIFIED INFORMATION
We sometimes aggregate or de-identify information we collect, and the types of systems and browsers of users for internal purposes, so that we may improve the Services. Personal Information does not include “aggregate” or “de-identified” information. Aggregate or de-identified information is data we collect about a group of users, from which individual identities have been removed. Aggregate or de-identified data helps us understand trends and user needs so that we can better consider new products and services, and tailor existing products and services to customer desires. You understand that we may commercialize aggregate or de-identified information by any and all means, and that you will receive no payment or other consideration in respect of such use. In addition, we may share and disclose aggregate or de-identified information for any purpose.
CONSENT TO COMMUNICATIONS
By using the Services and providing your contact information, such as your name, phone number, and email address, you consent to receiving email and text messages to tell you about the Services. These communications may include messages sent through the use of landline phone, cellular phone, and text messages (including SMS and MMS). We may use an automatic telephone dialing system (or “auto-dialer”), which may employ artificial or pre-recorded voice or “robotexts.” Your carrier’s standard rates and charges may apply. You may opt-out from receiving email communications at any time by emailing optout@neuraxis.com.
YOUR CHOICES
You can make the following choices about your personal information.
Do Not Track Signals
Our Services is not configured to read or respond to “do not track” settings or signals in your browser headings.
HOW WILL WE NOTIFY YOU OF CHANGES TO THIS POLICY?
We may occasionally update this policy. If we make significant changes, we will notify you of the changes on our Services or through other means, such as email.
EXTERNAL LINKS
Our Services may provide links to third party websites, services, and applications that are not operated or controlled by us. While we attempt to facilitate access only to those Third-Party Services that share our respect for your privacy, we cannot take responsibility for the content, privacy policies, or practices of those Third-Party Services. We encourage you to review and understand the privacy practices of any Third-Party Services before providing any information to or through them. Your interactions with these features are governed by the Privacy Policy of the Third-Party Service that provides the feature.
OTHER IMPORTANT INFORMATION
Contact Us. Questions, comments and complaints about our data practices can be sent to our data privacy office by contacting the Neuraxis Privacy Officer at privacy@neuraxis.com or writing to us at:
NeurAxis, Inc
C/O Privacy Officer
11611 N Meridian St, Suite 330
Carmel, IN 46032
State Privacy Law Disclosures
Depending on where you reside, some states may provide you with certain additional rights and protections in relation to your Personal Information, including information that you provide to us when you interact with us online and offline. The rights described below do not apply to information that is covered by HIPAA, for example information Neuraxis receives as a business associate to a health care provider. You may have the right to:
You can exercise the rights that apply to you without receiving retaliatory or discriminatory treatment.
To exercise any rights that may be available to you, or to appeal our decision regarding any of these rights, you can contact the Neuraxis Privacy Officer at privacy@neuraxis.com or writing to us at:
NeurAxis, Inc
C/O Privacy Officer
11611 N Meridian St, Suite 330
Carmel, IN 46032
We may need to collect information from you to verify your identity, such as your name, email address or other information, before providing a substantive response to the request. In accordance with applicable laws, you may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law. If you are not satisfied with our response, depending on where you live you may have the right to appeal our decision by contacting us using the contact details set out below.
In certain circumstances you may be able to designate an authorized person to make a request on your behalf. To determine if this applies to you, please contact the Neuraxis Privacy Officer at privacy@neuraxis.com or writing to us at:
NeurAxis, Inc
C/O Privacy Officer
11611 N Meridian St, Suite 330
Carmel, IN 46032
California Privacy Rights Regarding Direct Marketing
If you are a California resident, you may request information regarding the disclosure of your Personal Information to third parties for their direct marketing purposes.
Shine the Light – California residents also have the right to request that we provide you with (a) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (b) the identity of those third parties. To exercise this right, contact us at the address below.
If you exercise any of these rights you will not be discriminated against in any way.
You may exercise these rights by contacting the Neuraxis Privacy Officer at privacy@neuraxis.com or writing to us at:
NeurAxis, Inc
C/O Privacy Officer
11611 N Meridian St, Suite 330
Carmel, IN 46032
Consumer Health Data Privacy Policy for Washington and Nevada Residents
This Washington Consumer Health Data Privacy Policy (“Policy“) describes the practices of Neuraxis (“Company” or “We“) for collecting and using Washington and Nevada residents’ consumer health data. Consumer health data is any data that is linked or reasonably linkable to a specific individual and that identifies that individual’s past, present, or future physical or mental health status that Company collects or controls the collection of (“consumer health data“). This section does not apply to health information that we collect that is covered by HIPAA.
Consumer Health Data We May Collect About You
We collect and use different types of consumer health data from and about you. If you are a parent or guardian and are providing us with health data related to someone 18 years of age or younger, by submitting the information you are verifying that you have the authority to do so and are the legal parent or guardian of the child. The information we collect may include information about any of the following:
We use these categories of consumer health data for the following purposes:
Consumer Health Data Sources
We collect consumer health data from the following sources:
Consumer Health Data Disclosures
We only sell your consumer health data if you give us your permission.
We may disclose any of the consumer health data categories listed above to processors, service providers, and contractors that help us provide products and services to you. We may also share your consumer health data with healthcare providers.
We may also disclose consumer health data as permitted by applicable law including:
Your Privacy Rights
You have specific rights with respect to your consumer health data. You have the right to:
To make an inquiry or comment about this Policy or our privacy practices, contact the Neuraxis Privacy Officer at privacy@neuraxis.com or writing to us at:
NeurAxis, Inc
C/O Privacy Officer
11611 N Meridian St, Suite 330
Carmel, IN 46032
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 Policy, 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 Policy, 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 Policy, 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;
- 1You will not use the Services to cause nuisance, annoyance or inconvenience;
- 2You will not impair the proper operation of the Services or any network which is used to support or access the Services;
- 3You will not try to harm the Services in any way whatsoever;
- 4You will not copy, or distribute the Services or other content without written permission from NEURAXIS;
- 5You will only use the Services for your own use and will not resell any aspect of the Services to a third party;
- 6You will keep secure and confidential your account password or any identification we may provide you which allows access to the Services; and
- 7You 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:
- 1Use 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;
- 2Abuse, harass, threaten, impersonate, or intimidate others;
- 3Post, 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;
- 4Post 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;
- 5Create or submit unwanted email (“Spam”) to any other person or any URL;
- 6Submit content linking or otherwise directing others to affiliate programs, multi-level marketing schemes, or off-topic content;
- 7With 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;
- 8Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- 9Interfere or attempt to interfere with the proper working of the Services or any activities conducted on or through the Services;
- 10Bypass 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;
- 11Interfere 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.
- 13Use 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;
- 14Violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party Intellectual Property or other legal rights;
- 15Reproduce, 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;
- 16Interfere 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;
- 17Perform 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
- 18Attempt 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 . 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-policy. 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;
- 2You will not use the Services to cause nuisance, annoyance or inconvenience;
- 3You will not impair the proper operation of the Services or any network which is used to support or access the Services;
- 4You will not try to harm the Services in any way whatsoever;
- 5You will not copy, or distribute the Services or other content without written permission from NEURAXIS;
- 6You will only use the Services for your own use and will not resell any aspect of the Services to a third party;
- 7You will keep secure and confidential your account password or any identification we may provide you which allows access to the Services; and
- 8You 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:
- 1Use 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;
- 2Abuse, harass, threaten, impersonate, or intimidate others;
- 3Post, 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;
- 4Post 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;
- 5Create or submit unwanted email (“Spam”) to any other person or any URL;
- 6Submit content linking or otherwise directing others to affiliate programs, multi-level marketing schemes, or off-topic content;
- 7With 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;
- 8Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- 9Interfere or attempt to interfere with the proper working of the Services or any activities conducted on or through the Services;
- 10Bypass 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;
- 11Interfere 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;
- 12Share, 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.
- 13Use 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;
- 14Violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party Intellectual Property or other legal rights;
- 15Reproduce, 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;
- 16Interfere 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;
- 17Perform 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
- 18Attempt 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 . 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 8-21 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, using 1 device per week for 4 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.