Access and Use
All materials displayed or transmitted on the Websites, including but not limited to text, photographs, images, illustrations, software, files, data, graphics or other content (“Materials”) are owned by electroCore or its affiliates, and are protected by United States and international copyright, trademarks, service marks, and other proprietary rights, laws and treaties. When you view, use, or download these Materials, they are provided to you by electroCore under a license that is revocable. electroCore retains full and complete title to the software and to all of the associated intellectual property rights in and to the Material. You may not redistribute or sell the Material, nor may you reverse engineer, disassemble or otherwise convert it to any other form. You acquire no rights or license whatsoever in the Materials other than the limited rights to use the Websites in accordance with these terms and conditions. electroCore reserves any rights not expressly granted under these terms and conditions of use.
The contents of the Websites do not include any medical advice or any other advice and shall not be construed as containing any advice regarding medical or any other issues. To the extent that you are seeking medical advice or any other advice, you acknowledge and agree that the Websites do not provide any medical or other advice and that you will not use the Websites to obtain or rely on the Websites for any medical advice or any other advice.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Websites. Provided that you do not modify or delete any copyright, trademark or other proprietary notices, you may display and electronically copy, download and print hard copy portions of the material contained on the Websites solely for your own personal, noncommercial use. Any other use of Materials on the Websites, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of the Websites, without the prior written permission of electroCore, is prohibited.
You acknowledge that all intellectual property rights and other legal means of ownership in the Material residing on the Websites remain with electroCore, its licensors and its third party developers. Any attempt to use, redistribute, reverse engineer, or redesign the information, code, textual material, graphics, or modules contained on any Website for any other purpose is prohibited.
The trademarks, logos, and service marks displayed on the Websites, including but not limited to the mark “electroCore,” (collectively, “Marks”), are marks or registered marks of electroCore and others. Nothing contained on the Websites shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on any Website without the express written permission of electroCore or a third party that may own the Marks displayed on the Website. The misuse of Marks displayed on any Website, or any other content on the Websites, is strictly prohibited. Please be advised that electroCore will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
DISCLAIMER OF WARRANTIES AND LIABILITY
ELECTROCORE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES’ CONTENT, INCLUDING WITHOUT LIMITATION, ABOUT ANY PRODUCTS OR SERVICES OF ELECTROCORE. THE WEBSITES AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THE WEBSITES, INCLUDING, WITHOUT LIMITATION, SOFTWARE, DATA, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ELECTROCORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ELECTROCORE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVERS THAT MAKES THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ELECTROCORE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE WEBSITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION TO THE ABOVE, YOU (AND NOT ELECTROCORE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ELECTROCORE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF ELECTROCORE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE WEBSITES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Links to Other Sites
The Websites may provide access to other websites. electroCore does not control these sites, and you access them solely at your own risk. electroCore also does not endorse or approve any products or information offered at sites you reach through the Websites. Check the Uniform Resource Locator (URL) address provided in your WWW browser to determine if you are still in the electroCore Websites or have moved to another website.
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. This is the entire agreement between you and electroCore regarding all aspects of your use of the Websites.