LAST REVISED ON: NOVEMBER 02, 2022
BY CLICKING “I ACCEPT” OR ACCESSING OR USING THE SITE, YOU ACCEPT THESE TERMS (ON BEHALF OF YOURSELF, AND IF APPLICABLE, THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF, AND IF APPLICABLE, THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS UNLESS YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE SITE.
1. Access to the Site
1.1 Use of Site. You shall: (a) only access and use the Site for your own personal, noncommercial use, and not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) not access the Site in order to build a similar or competitive website, product, or service; and (d) not copy, reproduce, distribute, republish, download, display, post or transmit any part of the Site in any form or by any means. Unless otherwise indicated, any future modification, update, or other addition of functionality to the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
1.2 Modification. EmbarkNeuro reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notification to you. You agree that EmbarkNeuro will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof. You acknowledge and agree that EmbarkNeuro has no obligation to provide any support or maintenance in connection with the Site.
1.3 Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by EmbarkNeuro or EmbarkNeuro’s suppliers or licensors. Neither these Terms (nor your access to the Site) transfer to you or any third party any rights, title or interest in or to such intellectual property rights. EmbarkNeuro and its licensors and suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
1.4 Restrictions. You agree not to: (a) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) upload, transmit or provide to the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (d) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site); or (e) use software or automated agents or scripts to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
1.5 Feedback. If you provide EmbarkNeuro with any feedback or suggestions regarding the Site or any of EmbarkNeuro’s products or services (“Feedback”), you hereby grant to EmbarkNeuro a non-exclusive, irrevocable, perpetual right and license to use and fully exploit such Feedback and related information without restriction and in any manner EmbarkNeuro deems appropriate. EmbarkNeuro will treat any Feedback you provide to EmbarkNeuro as non-confidential and non-proprietary. You agree that you will not submit to EmbarkNeuro any information or ideas that you consider to be confidential or proprietary.
You agree to indemnify and hold EmbarkNeuro (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your violation of these Terms, or (b) your violation of applicable laws or regulations. EmbarkNeuro reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of EmbarkNeuro. EmbarkNeuro will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
3. Third-party Sites
3.1 Third-Party Sites. The Site may contain links to third-party websites and services and applications for third parties (collectively, “Third-Party Links and Applications”). Such Third-Party Links and Applications not under the control of EmbarkNeuro, and EmbarkNeuro is not responsible for any Third-Party Links and Applications. EmbarkNeuro provides access to these Third-Party Links and Applications only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links and Applications. You use all Third-Party Links and Applications at your own risk, and you should apply a suitable level of caution and discretion in doing so. When you click on any links to the Third-Party Links and Applications, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. EmbarkNeuro is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Third-Party Links and Applications, and as such, EmbarkNeuro disclaims any and all liability for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any Third-Party Links and Applications. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links and Applications.
4.1 No Medical Advice. THE CONTENT CONTAINED ON OUR SITE IS FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. EMBARKNEURO IS NOT A LICENSED HEALTH CARE PROVIDER, NOR DOES IT RENDER HEALTHCARE ADVICE OR SERVICES. YOU SHOULD NOT RELY ON INFORMATION AVAILABLE ON, OR IN CONNECTION WITH THE SITE AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE USE OF INFORMATION PROVIDED THROUGH THE SITE IS SOLELY AT YOUR OWN RISK.
4.2 AS IS. THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND EMBARKNEURO (AND OUR LICENSORS AND SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR LICENSORS AND SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EMBARKNEURO (OR OUR LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF EMBARKNEURO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR LICENSORS AND SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
6. Term and Termination
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Site will terminate immediately. EmbarkNeuro will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1.2 through 7.
7.2 Governing Law; Venue. These Terms will be governed by the laws of the State of California without regards to its conflicts of law provisions. You and EmbarkNeuro, Inc., each hereby agree that any action or proceeding arising from or relating to these Terms will be brought in a state or federal court located in Oakland, California, and each of you and EmbarkNeuro, Inc., hereby irrevocably submits to the exclusive jurisdiction and venue of any such court in any such action or proceeding.
7.3 Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from EmbarkNeuro, or any products utilizing such data, in violation of the United States export laws or regulations.
7.4 Disclosures. EmbarkNeuro is located at the address in Section 7.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
7.5 Electronic Communications. The communications between you and EmbarkNeuro use electronic means, whether you use the Site or send us emails, or whether EmbarkNeuro posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from EmbarkNeuro in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that EmbarkNeuro provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
7.6 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. These Terms are governed by the laws of the State of California, without regard to its conflicts of laws provisions. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to EmbarkNeuro is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without EmbarkNeuro’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. EmbarkNeuro may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
7.7 Copyright/Trademark Information. Copyright © 2021 EmbarkNeuro. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
7.8 Contact Information. If you wish to contact us in writing, or if these Terms require you to give notice to us in writing, please contact us at:
1111 Broadway Suite 1300
Oakland, CA 94607
Telephone: (510) 227-2101