Terms of service

Neurotronics, LLC. provides this web site subject to the following Terms and Conditions contained in this User Agreement ("Terms"), which may be updated from time to time without notice. By signing up, accessing, or using the site, or any of the services or features contained therein, the user agrees that they have read, understood, and agree to be bound by these Terms.  Neurotronics, LLC. owns and operates this Web site.

As used hereinafter, the terms “Buyer”, “user”, “User”, “You”, “you”, “Your”, “your”, and “the customer” shall be synonymous and shall refer to the person or business entity (or agents, employees, authorized representatives, affiliates, or anyone acting on their behalf) that is accessing the web site and/or purchasing products herein.

Before you may use the Neurotronics, LLC. website and services, you must read and accept all of the terms and conditions in this User Agreement. The agreement that applies on any of our domains and sub-domains is always the agreement that appears in the footer of each website.

This Agreement is effective upon acceptance for new users and on May 1st, 2019 for all existing users.

Terms of Purchase

Unless and until otherwise notified, Neurotronics, LLC acknowledges and accepts Buyer's orders. Neurotronics, LLC’s acknowledgement and acceptance is expressly conditioned upon Buyer's acceptance of the terms and conditions contained herein. No terms or conditions other than those stated herein, whether contained in Buyer's purchase order, shipping release, or elsewhere, and no written or oral agreement that purports to vary these terms and conditions shall be binding upon Neurotronics, LLC unless hereafter set forth in a writing signed by Neurotronics, LLC’s authorized representative. All negotiations, proposals and representations are merged herein, and this writing constitutes the complete and exclusive statement of the terms and conditions of any purchase agreement between Buyer and Neurotronics, LLC. In the event Buyer fails to accept these Terms of Use in writing, Buyer's consent shall be conclusively presumed, either from Buyer's failure to object in ten days in writing or from Buyer's acceptance or use of the material delivered hereunder and/or any other use of this web site. All products are for sale only to licensed medical practitioners or their agents within the United States and not to other third parties or businesses.

For any purchase in which Neurotronics, LLC. makes delivery, Buyer hereby agrees to pay Neurotronics, LLC’s customary shipping charges. Delivery shall be made according to Neurotronics, LLC’s standard delivery procedures or as specifically detailed at the time of purchase. The risk of loss shall pass to Buyer upon delivery of the goods should Buyer not be present to accept delivery. Buyer hereby authorizes Neurotronics, LLC. to unload the goods and leave them at the delivery destination. Buyer shall release Neurotronics, LLC and shall indemnify and hold harmless Neurotronics, LLC from and against any and all claims demands, actions, causes of action, cost, expenses, and attorney's fees arising out of or its connection with any and all injury including death, to any person or persons (whether third parties or agents, servants, or employees of Buyer), any and all damages to or loss of any property (whether belonging to Buyer or a third party), and any and all other damages recognized at lass, or in equity caused in whole or in part by or its anyway related to the delivery of goods, whenever such delivery is made in accordance with or pursuant to Buyer's instructions.

Buyer shall have the right to inspect the goods upon arrival. Buyer's inspection rights shall expire 24 hours after the arrival of the goods at the delivery destination. A failure to inspect and report any error in product delivery within that time shall waive notice of any defect which reasonable inspection would have revealed. A rejection of the goods by Buyer shall not be effective unless it is made and written notice thereof is given to Neurotronics, LLC within 5 calendar days of delivery.

Neurotronics, LLC shall have the right, without prejudice to any other rights, to suspend further deliveries of any products purchased if Buyer defaults its payment of any amounts due, or whenever Neurotronics, LLC may deem itself insecure as to Buyer's performance, until Buyer remedies such default or provides adequate assurance to Neurotronics, LLC of Buyer's ability to perform.

Unless otherwise provided by law, Neurotronics, LLC may require Buyer to pay or to reimburse Neurotronics, LLC for any tax, (except, income tax) which now or hereafter may be imposed by any taxing authority with respect to the items purchased or the sale, purchase, manufacture, delivery or use thereof.

Neurotronics, LLC reserves the right to discontinue, without liability hereunder, deliveries of any merchandise, the manufacture, use and/or sale of which in the opinion of Neurotronics, LLC would infringe any patent now or here after issued and under which Neurotronics, LLC is not licensed.

Buyer shall not hold Neurotronics, LLC. responsible for any delay caused in whole or in part by circumstances beyond Neurotronics, LLC’s reasonable control, including but not limited to, force majeure, fires, or accidents; strikes or other differences with workmen: war (whether declared or undeclared), riots, or embargoes; delays by carriers; delays its shipment or receipt of materials from suppliers; or any legislative, administrative or executive law, order, or requisition of the federal or any state or local government or any subdivision, department, agency, officer or official thereof. Neurotronics, Inc. may allocate its available supply among Neurotronics, LLC’s customers, including Neurotronics, LLC’s branches and affiliates, in any manner Neurotronics, LLC. deems reasonable.

Usage of Content

You may print out any of the materials from this Web site for your personal, non-commercial use only, and not for re-sale, provided you keep intact all copyright and other proprietary notices. Accordingly, you may copy this information only as necessary for your personal use to (i) view it on your screen, and (ii) save a single copy on your hard drive or disk, provided that you do not remove any copyright notices that appear and do not modify the information in any way, and/or (iii) print a copy for personal use. You may not otherwise reproduce, copy, modify, de-compile, disassemble or reverse engineer any materials from this Web site, and may not republish, upload, post, transmit, loan, rent, transfer, sell or otherwise distribute any materials from this Web site in any form, for any purpose. The use of any such materials on any other Web site or network computer environment is also prohibited. If you use the materials other than as permitted in this license, you will be violating Neurotronics, LLC's copyright and other proprietary rights. Unless otherwise indicated, all information contained on the site, such as text, graphics, logos, button icons, images, audio clips, videos are copyrighted by and proprietary to Neurotronics, LLC and may not be copied, reproduced, transmitted, displayed, performed, distributed, sub-licensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Neurotronics, LLC's prior written consent.

We may also use third party information, photos, or videos from manufacturers for marketing or informational purposes of the products we sell on Neurotronics, LLC. Any use of these 3rd party information, photos, or videos by a Neurotronics, LLC user will require that they get the appropriate consent from the responsible 3rd party prior to using those 3rd party images or information.

No Medical Advice, No Guarantees

You recognize and agree that the content made available through Neurotronics, LLC is for informational purposes only and is not intended to be taken and should not in any way be construed as medical advice or counseling, as the practice of medicine or as the creation of a physician-patient relationship with Neurotronics, LLC. Users should never use any Neurotronics, LLC resources in place of seeking professional advice from a licensed medical practitioner. We make no guarantees, promises, or predictions of success regarding any of the services or resources offered through Neurotronics, LLC.

Right to Refuse Service on All Orders

Neurotronics, LLC reserves the right to refuse service to anyone at anytime at our sole discretion. In the case where we discontinue service we will continue to honor any warranty obligations as required by law.

Limitation of Liability

Neurotronics, LLC will not be held responsible for other users’ actions or inaction, including things posted by said users. Additionally, in no event shall Neurotronics, LLC guarantee constant or secure access to our websites or services, and normal functioning of Neurotronics, LLC may be interfered with or disrupted by numerous factors beyond the scope of our control.
Neurotronics, LLC shall assign or transfer to Buyer any assignable or transferable manufacturer's warranties, if any, applicable to this purchase, in lieu of all other warranties, express or implied.

Neurotronics, LLC MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Neurotronics, LLC is not responsible for injury, infection, or other damage resulting from the use of the products it supplies. Sterilization (where applicable), use and application of products is the responsibility of the user. Federal law in the United States restricts the sale, distribution or use of these products to, by or on the order of a licensed medical practitioner.

Neurotronics, LLC SHALL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER DIRECT OR INDIRECT, CONTINGENT OR OTHERWISE, CAUSED BY IT’S FAILURE OR DELAY IN PERFORMANCE OR DELIVERY, OR DUE TO ANY CAUSE WHATSOEVER, OR ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT. Any liability of Neurotronics, LLC is limited to repayment of the purchase price of items not conforming to the description on the face hereof upon return of the items. This remedy is the exclusive remedy for the Buyer under this Agreement. Neurotronics, LLC shall not be liable for any damages attributable to product abuse, misuse, neglect or any other cause, which is not the fault of Neurotronics, LLC.

Buyer agrees to indemnify and hold harmless Neurotronics, LLC from and against any and all claims, demands, actions, causes of action, costs, expenses, and attorney's fees arising out of or in connection with any and all injury, including death, to any person or persons (whether third parties or agents, servants or employees of Buyer), any and all damages to or loss of any property (whether belonging to Buyer or to a third party), and any and all other damages recognized at law or in equity, caused by or resulting from its whole or its part, any act(s) or omission(s), negligent or otherwise, of Buyer, or any of Buyer's agents, servants, employees, subcontractors or customers, or any use of any products purchased from Neurotronics, LLC. In the event that the applicable law prohibits enforcement of this clause as written, then and only then, this clause shall be modified to provide the maximum indemnification to Neurotronics, LLC, as indemnities, allowable under that applicable law.

Waiver by Neurotronics, LLC. of any terms or conditions of this contract or waiver of any breach hereof shall not be construed as a waiver of any other terms or conditions. A determination that any provision of this Agreement is illegal or invalid shall not affect the validity or enforceability of the remaining provisions of this Agreement.

Neurotronics, LLC provides users through its web site(s) access to various resources, including an online store, company and product information, which may be accessed through various media or devices now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Neurotronics, LLC to provide the Service. You also understand and agree that the Service may include certain communications to registered users from Neurotronics, LLC, such as service announcements and administrative messages and that these communications are considered part of Neurotronics, LLC’s Service and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to these Terms. You understand and agree that the Service is provided "AS-IS" and that Neurotronics, LLC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personal settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

In consideration of your use of this web site and the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services or products of the type sold herein under the laws of the United States or other applicable jurisdiction. If you choose to create an account with us, or otherwise use this web site, you also agree to provide true, accurate, current and complete information, under penalty of perjury under the laws of the jurisdiction in which you reside, about yourself as promoted by the Service’s registration form. As part of the online registration process, you will select a password. You are solely responsible for maintaining the confidentiality of any password you use to access the online services, and agree that Neurotronics, LLC will have no obligations with regard thereto.

Neurotronics, LLC and related sites under common ownership and/or control, may contain links to Web sites not under our control. Although we try to choose sites that will be helpful to you, we are not responsible for the quality, safety, completeness, accuracy, or nature of the content of such sites and we cannot guarantee that such content may change without our knowledge. We provide these links simply as a convenience to you and this convenience should not be considered an endorsement by us of these Web sites or the companies who own them.

Release

You agree to release Neurotronics, LLC, trustees, officers, agents, directors, subsidiaries, joint ventures and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, real or imaginary, arising out of or in any way connected to a dispute with Neurotronics, LLC.

Privacy

We view protection of your privacy as an extremely important issue. We only use your information as described in the Neurotronics Privacy Policy.

Insurance and Insurance Claims

Neurotronics, LLC does not accept assignment of benefit. We are not a provider for any insurance company or health care organization. Neurotronics, LLC does not file any insurance claims for any reason.

Indemnity

You (“Indemnifying Party”) each agree to defend Neurotronics, LLC (“Indemnified Party”) in and from all third party claims, causes of action, demands, suits or legal proceedings of any sort (“Claims”), and indemnify and hold Neurotronics, LLC harmless from any losses, costs, damages, expenses, settlements, judgments and liabilities (including reasonable attorneys’ fees, court costs and expenses) (“Liabilities”) arising from or relating to (a) intentionally wrongful, reckless or negligent acts or omissions committed by the Indemnifying Party; (b) any breach of the Indemnifying Party’s representations, warranties and/or obligations set forth in these Terms, or (c) the infringement by the Indemnifying Party of any patents, registered designs and copyrights (including rights in software), trademarks, trade secrets, rights of publicity or privacy, design rights, database rights, semi-conductor topography rights or rights in mask works, or any other similar intellectual property rights of any third party.

Resolution of Disputes

If a dispute arises between you and Neurotronics, LLC, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Neurotronics, LLC agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and Forum for Disputes

This Agreement shall be governed in all respects by the laws of the State of Florida as they apply to agreements entered into and to be performed entirely within Florida between Florida residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Neurotronics, LLC must be resolved by a court located in Alachua County, Florida, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Alachua County, Florida for the purpose of litigating all such claims or disputes. Buyer agrees that, in the event, any action is brought upon, or due to, this Agreement by either Buyer or Neurotronics, LLC, and Neurotronics, LLC prevails, Buyer shall pay Neurotronics, LLC's reasonable attorney's fees and other costs incurred because of or in connection with such action.

Arbitration Option

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects’ arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

General

If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. The section titles and headings in this Agreement are for reference or convenience only and have no legal or contractual effect and in no way limit the scope or extent of such section. Failure of Neurotronics, LLC to take action in regards to a violation of this Agreement by you or others in no way waives our rights to take action with respect to subsequent or similar violations. In no way do we guarantee that we will take action against all violations of this Agreement.

We may make changes or amendments to this Agreement at any time by posting the amendments on shop.neurotronics.com. All changes to this Agreement shall automatically become effective.