Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING ANY PAGES IN THIS WEBSITE. By using or accessing this website you signify acknowledgment and assent to the conditions of use set forth below. If you do not agree to these terms of use, please do not use this website. Neuronetics, Inc, (“Neuronetics”) can revise these terms of use at any time by updating this posting, and your use afterwards signifies your acceptance of the changed terms. Please check these terms of use periodically for changes.

Neuronetics, the maker of the NeuroStar┬« TMS Therapy System, is providing the material on this site for your personal information only. In connection with viewing and using this website you are permitted to temporarily download one copy of the materials posted on this website onto a single computer for your personal, non-commercial use only. Redistribution, retransmission, republication or commercial exploitation of the contents of this website are expressly prohibited without the prior express written consent of Neuronetics. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with these terms of use. You may not mirror or archive any part of this site or any material contained on this site on any server or computer without Neuronetics’s prior written permission The content of this site is owned or controlled by Neuronetics and is protected under applicable copyright and trademark laws. All copyright and other proprietary notices contained in downloadable materials must be retained.

Medical Information

This site may contain information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for the advice of a physician. You should not use this information for diagnosing or treating a health problem or disease. In order for you to make informed healthcare decisions, you should always consult with your physician for your personal medical needs Neither Neuronetics, nor its agents, affiliates, partners, or licensors are providing the materials to you for the purpose of giving you medical advice. You should not rely on the materials in deciding on a treatment plan, drug usage, or any other medical advice regarding the materials, and Neuronetics and its licensors strongly urge that you consult with a physician in connection with any and all treatment options that may be available to you.

Jurisdiction

Although it is accessible worldwide, this site and its content are intended only for residents of the United States. Nothing in this site should be interpreted as a promotion or solicitation for any product or of any nature that is not authorized by the laws and regulations of the country where you are located.

These terms of use shall be governed by and construed in accordance with the laws of the State of Pennsylvania without giving effect to any principles of conflicts of law. You and Neuronetics irrevocably consent to the exclusive jurisdiction of the courts located in Chester County, Pennsylvania in connection with any action arising out of or related to these terms of use or their subject matter. You and Neuronetics waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.

Privacy

Please see our Privacy Policy for information regarding the collection and use of personal information from this website.

Severability

If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.

Securities and Investment

This website and the information contained or referred to herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.

Links to Other Sites

As a convenience, from time to time www.Neuronetics.com may provide certain links or references to other sites that we think may be useful or of interest to you. Neuronetics neither controls, endorses, promotes nor has any affiliation with any other site unless expressly stated herein or on such site. Neuronetics therefore has no responsibility for the content, accuracy or any other aspect of the information contained on such linked sites. Neuronetics will not be liable for any damages or injury arising from your access to such sites or content.

Warranty

NEURONETICS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TIMELINESS, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED IN THIS SITE. LIKE ANY PRINTED MATERIALS, THE INFORMATION PROVIDED IN THIS SITE MAY BECOME OUTDATED OVER TIME. NEURONETICS UNDERTAKES NO OBLIGATION TO CORRECT OR UPDATE ANY CONTENT OR INFORMATION ON THIS SITE. NEURONETICS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCTS AND/OR SERVICES DESCRIBED IN THIS CONTENT AND INFORMATION AT ANY TIME WITHOUT NOTICE, AND RESERVES THE RIGHT TO ALTER OR DELETE CONTENT AND INFORMATION ON THE SITE AT ANY TIME. ALL INFORMATION ON THIS SITE IS PROVIDED “AS IS,” WITHOUT ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

NEITHER NEURONETICS, NOR ANY AFFILIATE, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE WILL BE LIABLE FOR YOUR USE OF OR RELIANCE ON INFORMATION CONTAINED ON THIS SITE UNDER ANY CIRCUMSTANCES, INCLUDING NEGLIGENCE. NEITHER SHALL NEURONETICS BE LIABLE FOR ANY INJURY OR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE WWW.NEURONETICS.COM, THE CONTENT THEREOF OR MATERIALS ON THIS WEBSITE, EVEN IF NEURONETICS IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING FROM OR RELATED TO THIS WEBSITE (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY FOR ACCESSING THIS WEBSITE.

Trademarks, Images and Copyrights

Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of the Company or any third party, whether by estoppel, implication, or otherwise. All brands and names are the property of their respective owners. All product names, trademarks, logos and service marks (collectively referred to as “Trademarks”) displayed on this site are the property of Neuronetics, its respective affiliates, related companies, licensors or business partners. The trademarks, service marks, trade names, trade dress, and products on this site are protected in the United States and internationally. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of the laws of copyright, trademark, privacy, publicity, slander, libel, and communications. Please be advised that Neuronetics (and its respective affiliates) actively and aggressively enforce intellectual property rights to the fullest extent of the law. Images of people or places displayed on this site are either the property of Neuronetics, or used with permission by the copyright owner. The use of these images by you is prohibited unless specifically permitted by the terms and conditions of this site. Unauthorized use of the images may violate the laws of copyright, trademark, privacy, publicity, and communications.

Neuronetics is pleased to hear from its customers, however we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing unless we have specifically requested them. Therefore, please do not send us any original creative materials such as product ideas or suggestions. Anything you disclose or offer to us by or through this website (a “Disclosure”), including e-mails to Neuronetics, shall be deemed and shall remain the property of Neuronetics. Any such Disclosure is provided on a non-confidential basis with no obligation on our part to keep such information secret. Neuronetics is free to use, for any purpose whatsoever, any Disclosure, including but not limited to publishing, or developing, manufacturing, and marketing products using such information. You hereby release Neuronetics from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Disclosure. By uploading or otherwise providing any Disclosure to this website or Neuronetics, you hereby grant Neuronetics, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Disclosure for any purpose and in any media without compensation, and you warrant that all “moral rights” in uploaded materials have been waived.

Last Updated: October 23, 2006