Terms of Use

 

Terms and Conditions of Use

Please Note:  Automated Google language translations of this page may contain inaccuracies beyond our control.

This site is owned and operated by NeuroSonica Pty Ltd. herein referred to as NeuroSonica and/or www.NeuroSonica.com . These terms of use apply to you, and your use of this site, our apps and all other NeuroSonica media, platforms and all services and products provided therein. Your use of these signifies your assent, consent and agreement to be bound by any and all of these Terms and Conditions of Use pertaining to these. If you do not agree to these Terms and Conditions of Use, please do not use this site, our apps or any other NeuroSonica media or products.

NeuroSonica reserves the right, at its sole discretion, to change, modify, add or remove any portion of its Terms and Conditions of Use on this site, its apps or other media, in whole or in part, at any time without notice. Any changes to these Terms and Conditions of Use will be effective immediately upon posting. You agree to review these Terms and Conditions of Use periodically to be aware of any changes. Your continued use of this or any other NeuroSonica site, our apps or other products after any changes to these Terms and Conditions of Use are posted will be considered acceptance of those changes.None of these Terms and Conditions affect your statutory rights.

Terms of Use for Subscriptions to Sleep Solutions purchased from the Apple App Store

Fees and Payments: Information for Apple Customers about In-App Sleep Solutions Subscriptions

Sleep Solutions offers monthly, quarterly and annual subscriptions to full use of the app and all its features.

The prices for these subscriptions may be altered  from time to time, but the current prices are always shown on the app itself, when the user clicks the 'Plan Info' button, and before they make a purchase.

• Payment will be charged to your iTunes account at confirmation of
purchase.

• Your subscription will automatically renew unless auto-renew is turned
off at least 24-hours before the end of the current subscription period.

• Your account will be charged for renewal within 24-hours prior to the
end of the current subscription period. Automatic renewals will cost the
same price you were originally charged for the subscription.

• You can manage your subscriptions and turn off auto-renewal by going
to your Account Settings on the App Store after purchase.

• All sales are final and are not subject to refund.

 

Use of Sleep Solution Platforms:

License for Your Use: Subject to these Terms of Use and only to the
extent permitted by your Account and the functionality of the Sleep
Solution Platforms, you are granted a limited, personal, non-commercial,
non-exclusive, revocable, non-assignable and non-transferable right to
use the Sleep Solutions mobile application in order to access its content and features.

Read our Privacy Policy for more information.
Privacy Policy URL - https://www.neurosonica.com/privacy-policy-as.html

 

Further Terms and Conditions pertaining to Accessing the Audio Sessions on the App:

On the Sleep Solutions app users must electronically sign their agreement to the following terms and conditions BEFORE being able to access ANY of audio sessions:

Sleep Solutions' SmartSound audio technology has met all the regulatory, safety and performance requirements for inclusion as a Class 1 Medical device in the Australian register of therapeutic goods ARTG.

Individual Personal Use Only

This app is intended for individual personal use only.

ALL purchasers must sign compliance to these Terms and Conditions to gain access to the audio in this app. This signifies their legal agreement to abide by any and all of our terms and conditions regarding its use.

For this reason do not allow others to use this app on this device.

(To give friends and family their own personal copy please use the Share it! function on the App).

Adult supervision is recommended for use by teenagers 13-18 years. Not recommended for use by children unless otherwise instructed.

If you are a parent or legal guardian of a teenager 13 to 18 years you agree to take full responsibility for, and provide supervision of, the use of this product as instructed below, in our User Guide and elsewhere.

Supervision means ensuring that their use is consistent with our instructions and all other material regarding use of this product

WARNING:

NEVER listen while driving, operating machinery or equipment, under the influence of drugs or alcohol, or while undertaking any potentially hazardous activity.

Please Note:

Beyond meeting the regulatory requirements for our instructions for use, statements of intended purpose, contraindications and so on, we DO NOT give or imply medical or psychological diagnosis or advice of any kind or provide product recommendations to individuals.

Product:

NeuroSonica SmartSound (Sleep Solutions version) - 4 Audio Sessions delivered via digital media.

Manufacturer:

NeuroSonica Proprietary Limited (licenced to market and distribute SmartSound by Ken Grimmer)

PO Box 51, Daw Park, SA, Australia 5041

Date of Manufacture: 06/12/2016

Batch No: SS001

Intended Purpose:

With regular use NeuroSonica SmartSound (Sleep Solutions version) may assist in the management of stress , anxiety and sleep issues including situational insomnia (eg. while travelling), shift work, jet-lag and other forms of temporary sleep pattern disruption.

It may also offer assistance for general sleep quality and healthier sleep patterns, and via improved heart rate variability (HRV) assist with hypertension, coronary health and emotional regulation.

Individual results may vary.

If symptoms persist talk to your health care professional.

Intended Users:

May be used by those 18 years or older or by teenagers 13 - 18 years if under adult supervision.

All use is subject to the following contraindications.

Contraindications:

SmartSound includes pulse-based audio stimuli and is NOT recommended for those with, or susceptible to, the following conditions unless under the medical supervision of a healthcare professional:

• epilepsy seizures or neuro respiratory disorders

• serious mental psychiatric or neurological conditions

• any other condition(s) or issues that may be adversely affected by audio stimuli

Pregnant women and those wearing a pacemaker or other electronic device should consult with a doctor before use.

Recommended usage

As instructed in your downloadable user guide

Volume settings

This audio is designed to work best at low to comfortable volumes

Possible side effects

For a very small percentage of users, initial use of SmartSound may produce temporary mild discomfort e.g., minor headaches. If so, simply reduce the volume to very low levels. If symptoms persist discontinue use and consult your healthcare professional.

General Disclaimer

NeuroSonica SmartSound is included in the Australian Register of Therapeutic Goods as a Class 1 Medical Device.

Contradictions and age restrictions apply.

Individual results will vary.

SmartSound is not intended as a substitute for any medical or psychological advice, diagnosis or treatment.

We do not render professional medical, psychological or psychiatric advice or diagnosis in any form whatsoever.

Aside from regulatory material, all information in this app, or in the website and social media content of NeuroSonica, our affiliates or third parties, is for educational purposes only.

If you have any medical, psychological or psychiatric conditions, are susceptible to seizures or have any other neurological or neurorespiratory conditions do not use this product unless under the supervision of your healthcare professional.

If you experience any unpleasant or unwanted effects discontinue use immediately and consult with your healthcare professional.

The buyer/user hereby agrees that NeuroSonica, its affiliates and/or third parties are no in no way liable to you or anyone else for any loss or damage, however caused (and whether direct, indirect, consequential or economic) which may be directly or indirectly suffered in connection with the use of our apps or other products, our website or websites of other entities linked to them.

The buyer/user of this app agrees to assume full responsibility thereof and to abide by any and all instructions, terms and conditions concerning its use.

Use only as instructed - never while under the influence of drugs of any kind, while operating machinery or equipment, driving or any other potentially hazardous activities.

This general disclaimer is not restricted or modified by any additional specific warnings or disclaimers found on our website or other media.

 

Further General Terms and Conditions

1. This Site Not for Minors

This site is to be used only by persons 18 years of age and older and by placing an order with NeuroSonica Pty Ltd you warrant that you are 18 years or older. NeuroSonica does not sell products for purchase by children but does sell children's products for purchase by adults. Although this site is not an adult website as such, the brain stimulation and training products featured here, as well as discussions and related information, are not for use, unless otherwise indicated, by minors under 18.

2. No Medical Advice

This website, our  products, apps  and other materials and media are not intended to diagnose, cure, or prevent any disease or condition. Although SmartSound products may be of assistance in the treatment of certain conditions in accordance with their Class1 Medical Device status within the TGA, we do not provide any form of psychological or medical advice or prognosis- including making product recommendations. In other words, we provide a medical product, NOT a medical service. Please consult with a medical professional for any such advice.  Medical claims for our SmartSound products are made in accordance with TGA regulations. Results will vary. If symptoms persist, talk to your healthcare professional.

3. Buyer assumes all responsibilties

The buyer of NeuroSonica products including SmartSound assumes all risks thereof ,hereby waiving any claims against NeuroSonica for any and all mental or physical injuries without exception. The buyer/user also agrees to assume fiull responsibilities and all liabilities when providing other persons with access to NeuroSonica products including SmartSound. In no case will NeuroSonicaTM be liable for chance ,accidental, special, direct or indirect physical, mental or other damages caused or alleged to be caused directly or indirectly resulting from use, misuse or defects of its products including SmartSound, instructions or documentation.

4. Return Policy

Our digital products are deemed "used" after download or opening. This unfortunately means we have a strictly no refunds policy in regards to dissatisfaction with digital products and all purchases for digital products including apps are non-refundable or exchangeable. Since these products are intangible we cannot accept any request for refunds. We will replace any tangible, physical products if they are proven faulty and returned to NeuroSonica. Please choose your products carefully and make full use of all accompanying information to do so. App orders cannot be cancelled once payments are made and orders for physical products cannot be cancelled once a media shipment is dispatched from our distribution centre, or once an order containing any downloadable material has been placed.

5. Payments

Your purchase of Sleep Solutions or any other NeuroSonica Apps from any third-party platform, such as the Apple App Store, is secured by the protections offered by those platforms, which you can learn more about by contacting those platforms.

For any product that we may recommend and that you may then purchase from a third party, NeuroSonica Pty Ltd takes no responsibility for the security of your transaction, which is secured only by the protections offered by that third party, which you can learn about by contacting that third party.

For any product purchased directly from NeuroSonica Pty Ltd, for example from our online store, please note that all transfers conducted through NeuroSonica Pty Ltd are handled and transacted through third party dedicated gateways such as PayPal that use SSL encryption to guarantee your protection. These payment gateways are safe and secure for using all types of credit and debit cards in different countries and your details are not stored during this process.

6. Product Warranty

We do warrant the quality of our apps and/or other products. If there are problems first please ensure your audio device and its components (eg headphones) are functioning correctly and/or cross check it with another system before assuming any audio product malfunction.

7. Contraindications

Those with or prone to  any of the following conditions, whether knowingly or not, should NOT listen to NeuroSonica SmartSound UNLESS under the supervision of a licensed medical professional:

• Epileptics (seizures) or neuro-respiratory disorders of any kind 

• Those with adverse mental, psychiatric or neurological conditions of any kind

• Those with traumatic brain injury (TBI) or other forms of brain injury 

• Those with pulse sensitive conditions or auditory disorders other than hearing impairment

Others who should consult a physician before the use of SmartSound include:

• Individuals under the influence of medication or drugs-prescribed or unprescribed.

• Those using pace makers or other medical devices.

• Those with psychiatric, psychological or medical problems requiring professional medical services 

• Pregnant women – as a precaution for the sake of the child

Other:

In the unlikely event of physical or mental discomfort discontinue use immediately. Adults agree to check and comply with the age limits accompanying all SmartSound products if supervising teenagers. See below.

Parental Guidance for use by Teenagers

It is a pre-condition to purchasing our products that parents or legal guardians of teenagers 13-18 years agree to take full legal responsibility for supervising the use of our products by teenagers in strict accordance with our T&C’s, contraindications and instructions. Sleep Solutions is NOT suitable for use by those under 13 years.

Listen only as instructed

Always listen as instructed for any given sessions. Never listen to SmartSound audio while driving, under the influence of drugs including alcohol, while using devices that alter brainwaves, operating machinery, equipment or any other potentially hazardous activities.

Privacy Policy

We never sell, reuse, rent, loan, or otherwise disclose to any outside party the information you have given us. Maintaining your privacy is very important to us. Like you we do not like spam or having our private email addresses abused for any purpose so we treat you as we would want to be treated ourselves. In the unlikely event that any of the following privacy information becomes subject to change we encourage you to check our online privacy policies and statements regularly.

We use the information we collect about you to facilitate your membership/subscription and any orders, to let you know about products & services and to create a more enjoyable, more personalised experience for you.

We keep all customer information strictly confidential, which means that to the extent you provide us with an email address or other personally identifying information, we won’t use it for any purpose other than for occasional information updates to improve customer service:

• If you ordered something, we’ll use it only to fill that order and maintain the highest level of customer service. 

• If you join any of our mailing lists, we will send you occasional emails regarding upgrades, our products, or simply things we find interesting and relevant. You will not be mailed otherwise. 

• Any information (name and email address) you provide to us as part of the “tell a friend” program will be used only for a one-time contact with that person.

We never sell, reuse, rent, loan, or otherwise disclose to any outside party the information you have given us. However, some of our sites may contain links to other third party sites for products and/or services whose privacy policy may be different than ours. Visitors should consult the other sites’ privacy notices as we have no control over information that is submitted to, or collected by, these third parties.

We use the standard web site information tracking: cookies and log IP addresses to gather usage and site hit statistics, none of which we use for any purpose other than analyzing our site traffic.

In the unlikely event that access to our records is compelled by legal process, we will resist disclosure using whatever legal grounds are at our disposal. However we may have to disclose personal information in response to legal process, for example, in response to a court order or a subpoena. We may also disclose such information in response to a law enforcement agency’s request.

All materials in this website, our apps and other media are Copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by Australian and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of NeuroSonica or of other owners or licensors used with their permission.

Database Ownership, License, and Use

NeuroSonica warrants, and you hereby accept, that NeuroSonica is the owner of the copyright of the Databases of Links to articles and resources available from time to time through http://www.NeuroSonica.com. NeuroSonica and its contributors reserve all rights and no intellectual property rights are conferred by this agreement. 

Upon request NeuroSonica may grant a non-exclusive, non-transferable license to use database(s) accessible to you subject to these Terms and Conditions of Use. The database(s) may be used only for viewing information or for extracting information to the extent described below.

You agree to use information obtained from NeuroSonica’s databases only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.

Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use.

Liability

The materials and products available in this site, on our apps and other media are provided “as is” and without warranties of any kind either express or implied. NeuroSonica and its affiliates disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. NeuroSonica does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. NeuroSonica does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not NeuroSonica ) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. 

Under no circumstances, including, but not limited to, negligence, shall NeuroSonica or its affiliates or licensors be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if NeuroSonica or an   authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall NeuroSonica’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site or purchasing our products. 

Facts and information on this website, our apps or other NeuroSonica media are believed to be accurate at the time of placement. Changes may be made at any time without prior notice. All data provided on this websiteor, our apps or other NeuroSonica media is to be used for information purposes only. The information contained on any of our apps, media or this website and pages within, is not intended to provide medical or psychological advice to any party. The services described on this website, our apps and our other media  are only offered in jurisdictions where they may be legally offered. Information provided in our website, our apps or other media is not all-inclusive, and is limited to information that is made available to NeuroSonica and such information should not be relied upon as all-inclusive or accurate.

Links and Marks

The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of NeuroSonica and its subsidiaries and affiliates at this website, our apps or other media, do not imply the endorsement or approval of such websites, products, services or publications by NeuroSonica or its subsidiaries and affiliates. 

Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of NeuroSonica or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action. 

Confidentiality of Codes, Passwords and Information

You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from NeuroSonica, and all information to which you have access through password-protected areas of NeuroSonica’s websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.

Other Legal

These Terms of Use will apply to every access to http://www.NeuroSonica.com. NeuroSonica reserves the right to issue revisions to these Terms and Conditions of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from NeuroSonica will be a separate, discrete transaction based on the then prevailing terms. 

This Terms and Conditions of Use and the license granted may not be assigned or sublet by You without NeuroSonica’s written consent in advance. 

These Terms and Conditions of Use shall be governed by, construed and enforced in accordance with the laws of Australia, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate NeuroSonica and/or its affiliates’ intellectual property rights, NeuroSonica and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in Australia, and you consent to exclusive jurisdiction and venue in such courts. 

Any other disputes will be resolved as follows: 

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Adelaide, Australia. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. 

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Adelaide,Australia. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. 

If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.

Termination

These Terms and Conditions of Use agreements are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all http://www.NeuroSonica.com site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at NeuroSonica’s sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other http://www.NeuroSonica.com site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.

Further Warranties, Disclaimers and Legal Rights
PLEASE READ THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT CAREFULLY.
BY ENTERING THIS WEBSITE, YOU ARE AGREEING TO BECOME A PARTY TO AND BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT.

Subscriber Agreement
The Web site located at http://www.neurosonica.com ("Site") is provided by NeuroSonica. Your access to and use of the Site is governed by this Subscriber Agreement ("Agreement").  As used in this Agreement, “NeuroSonica” “we,” “us’” or “our” refers to NeuroSonica, and “you” or “your” refers to you, the user of the Site. The Agreement below is the agreement you consented to upon subscribing to the site. The Agreement does not apply to use of the publicly available Web Site maintained by NeuroSonica .

You assume all risks in using them, waving any claims against NeuroSonica and their affiliates or licensors for any and all mental or physical injuries. You also agree to assume liabilities when allowing other persons access to any NeuroSonica audio.

In no case will NeuroSonica, its licensors or other distributors of NeuroSonica products or information be liable for chance, accidental, special, direct or indirect damages resulting from use, misuse or defect of its products, instructions or documentation.

Access and Passwords

As part of the subscription process for this Site, or access to our apps,you might have selected or been assigned a particular username and password in accordance with NeuroSonica’s username and password guidelines.

YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE OR APPS USING YOUR USERNAME OR PASSWORD.

You agree that all actions taken by you, or any other user that accesses the Site or our apps using your username and password, at or through the Site or our apps  will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error.

You assume all resulting liability from use of the Site, our apps and any services available on ithem by you or others using your username or password. If you lose your username or password, please contact us at: https://www.neurosonica.com.

User Conduct
The Site may contain bulletin board services, news groups, blogs, forums, and/or other message or communication facilities ("Communication Services") designed to enable you to communicate with others.

You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service.

You are also prohibited from submitting to, posting or transmitting through NeuroSonica any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” is prohibited.

You may not use a false email or postal address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content.

Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of NeuroSonica nor its affiliates, not any of their staff, officers, directors, employees, or agents.

You acknowledge that NeuroSonica does not pre-screen all content, but that NeuroSonica and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is made available via the Communication Services.

Without limiting the foregoing, NeuroSonica and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You specifically agree that NeuroSonica is not responsible for any content sent using and/or included in the Site or other medeia platforms by any third party.

Copyright and Restrictions

This Web site, our apps and other media contains copyright written material. SmartSound IP and other audio products owned by Ken Grimmer are licensed to NeuroSonica (and/or material that other suppliers have licensed to NeuroSonica for their use) and protected by Australian and International copyright and other laws respecting proprietary rights. With the exception of SmartSound IP, NeuroSonica retains all rights in the material and media, including (without limitation) all copyright and other proprietary rights worldwide in all media. You may not use NeuroSonica or any of its products except as expressly permitted under this Agreement and under Australian and International copyright laws. Any routine and/or systematic redistribution of any portion of the written materials or products licensed herein to NeuroSonica (or material that other suppliers have licensed to NeuroSonica for their use) by any entity whomsoever is expressly prohibited. Any breaches will be vigorously pursued and offenders prosectuted to the fullest extent of the law.

WARNING:NeuroSonica may scan internet file sharing entities for possible breaches of these copyright restrictions.

End users who are duly authorized may Access NeuroSonica written matewrial for individual use, i.e., may view the information on screen; may download small portions of the information to a computer disk for personal convenience and later reference; and may print paper copies of small portions for personal use only.

The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in its entirety any portion of the information or materials contained therein. No part of the information may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from NeuroSonica. Any use not authorized by the Agreement is prohibited and is not a fair use under Australian and International copyright law.

You acknowledge that the information (and the licensed materials contained therein) is highly proprietary in nature and that unauthorized copying, transfer or use may cause NeuroSonica and/or NeuroSonica’s suppliers or licensors irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this provision by you, or any subscriber or end-user, may be enforced by NeuroSonica ,its affiliates , and/or any of NeuroSonica’s suppliers or licensors, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies. 

You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even if that supplier is not a party to the Agreement. 

You may not and may not permit others to: reproduce, publish, distribute, sell, or otherwise access or use any material or products retrieved from or contained in or on this Site, our apps or other media  in any manner whatsoever that may infringe any copyright or proprietary interest of NeuroSonica, distribute the information contained in and/on this Site, our apps or other media to other users not duly authorized to Access the Site, apps or other media; distribute, rent, sublicense, lease, transfer or assign the information or Agreement; decompile, disassemble, or otherwise reverse-engineer this Site, our apps, audio or other media or information contained in or on this Site, our apps or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law.

You are expressly prohibited from placing or installing any portion of the information on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written authorization by NeuroSonica. 

If you breach any provision of this Agreement, NeuroSonica may immediately terminate this Agreement and all licenses granted hereunder without prior notice and in addition to any other available rights and remedies .

Limitations on Use

The following activities are prohibited. You agree not to:

a. Use Web-accelerated browsers or products (including but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications that are capable of copying large portions of content from the Site, our apps or other media. NeuroSonica can detect the use of these systems through live logfile analysis and will ban any future use by offenders.

b. Use robots and crawlers, or similar technology, without following the robot guidelines (found at http://info.webcrawler.com/mak/projects/robots.html).  We are able to detect robots violating the guidelines and we will ban any offenders. If you are using a robot/crawler to check NeuroSonica links, it must operate according to the robot guidelines (see above). Do not leave new robots unattended and allow a minimum of 1 minute between automated requests. 

c. Use any device, software or routine or the like to interfere or attempt to interfere with any Site or app functionality; 

d. Take any action that imposes an unreasonable or disproportionately large load on the Site or app infrastructure; 

e. Use any email addresses appearing on the Site, our apps or other media for purposes not relating specifically to the Site, apps or other media; 

f. Access the Site, apps or other platforms of media by any means other than through the interface that is provided by NeuroSonica, or attempt or access any area of the Site, our apps or other media to which your access is not authorized; or

g. Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating the Site,our apps, audio or other media except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Accuracy and Availability of Information

The Site, SmartSound IP, apps and other media contains database information and other content compiled and owned by Ken Grimmer and licensed to NeuroSonica . While we use commercially reasonable efforts to provide accurate information, NeuroSonica gives no warranty as to the accuracy of the database and other content on the Site, our apps or other media.

NeuroSonica reserves the right to withdraw or delete information or content from the Site, our apps or other media at any time.

Links to Third Party Sites

NeuroSonica does not endorse the content on any third-party Web site, including Web sites of NeuroSonica’s affiliates ("Third-Party Sites"). NeuroSonica is not responsible for the content of Third-Party Sites that you reach through links on the Site, sites framed within the Site,apps  or third-party advertisements on the Site, and we do not make any representations regarding their content or accuracy. Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a Third-Party site will be between you and the party providing that Web site. This means that NeuroSonica is not your agent and is not a party to any transaction at a Third-Party Site. 

Representations and Warranties
You represent and warrant to NeuroSonica that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to the Site is true and accurate; (c) you will be responsible for all use of your username and password even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use the Site, our apps or other media for any purpose that is unlawful or prohibited by this Agreement.

Disclaimer of Warranties

ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE,OUR APPS OR OTHER MEDIA  BY NeuroSonica AND ITS AFFILIATES OR LICENSORS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, AND NeuroSonica AND ITS AFFILIATES OR LICENSORS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEUROSONICA DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE, OUR APPS OR OTHER MEDIA AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE, OUR APPS OR OTHER MEDIA; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE, OUR APPS OR OTHER MEDIA; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH AUSTRALIAN FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE,OUR APPS OR OTHER MEDIA WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.

Limitation of Damages

IN NO EVENT WILL NEUROSONICA OR ANY OF ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF NeuroSonica HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL NeuroSonica OR ANY OF ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY NEUROSONICA FROM YOU FOR ACCESS TO THE SITE,OUR APPS OR OTHER MEDIA AND ANY OF THE SERVICES AVAILABLE ON THEM DURING THE YEAR PRIOR TO YOUR CLAIM.

Indemnity

You agree to indemnify and hold us harmless, and pay our attorney’s fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of NeuroSonica .

Consent to Electronic Notices and Other Communications

You agree that all of your transactions relating to the Site, our apps and other media may, at our option, be conducted electronically, including any that we are otherwise required to provide in “writing”. For example, we may send you notices via postings at the Site or via email to any email address that you provide to us during registration as a Site member. If you do not wish to deal with us electronically, you should not use the Site, our apps or other media or enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during registration.
Print a Copy for Your Records
You agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.

Termination

NeuroSonica may terminate your subscription and/or access, or suspend access to all or part of the Site,our apps or other media  without notice, for any conduct that NeuroSonica, in its sole discretion, believes is in violation of this Agreement, any applicable law, or any act which is harmful to the interests of another user, service provider, or NeuroSonica . NeuroSonica may also elect not to renew your subscription and access by providing a notice of nonrenewal prior to the end of your current subscription term. Applicable sections of this agreement will survive any termination or expiration of this Agreement.

Assignment

You agree not to assign your rights under this Agreement without the consent of an authorized representative of NeuroSonica in a non-electronic record, and any assignment without NeuroSonica’s consent will be voidable at NeuroSonica’s option. This Agreement will inure to the benefit of and bind the parties’ respective successors and permitted assigns.

Applicable Law and Disputes

This Agreement is governed by the laws of Australia without regard to principles of conflict of laws.

To the extent you have in any manner violated or threatened to violate NeuroSonica and/or its affiliates’ or Licensors intellectual property rights, NeuroSonica and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in Australia of their choosing, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Adelaide, Australia. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Adelaide, Australia. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

Amendments

NeuroSonica may change the provisions of this Agreement at any time. When NeuroSonica changes the terms of this Agreement, NeuroSonica the changes will also appear in this document, which you can access any time. You have already agreed to be bound by the changes when you first subscribed to the site, our apps or other media. If you do not agree to be bound by the changes, you should not use the Site, our apps or other media again and you should cancel your subscription to the Site, our apps or other media. Even if you have not clicked on the “I Agree” button or checked the I agree box when subscribing to any of our products or services, if you use the Site, our apps or other media  after you have been notified of a change to this Agreement, you are agreeing now to be bound by that change.

Entire Agreement; Severability; No Waiver

This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supercedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by NeuroSonica except in a signed, non-electronic writing signed by an authorized representative of NeuroSonica .

General

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and NeuroSonica or its affiliates as a result of this Agreement or your use of the Site, our apps or other media.