Terms and Conditions
NEURONEXUS TECHNOLOGIES, INC. for the Brain Hacker website
TERMS AND CONDITIONS
1. ACCEPTANCE. The terms and conditions contained herein (“Terms”) set forth the entirety of the obligations between NeuroNexus Technologies, Inc. (“NeuroNexus”) and the end user of the NeuroNexus-produced goods accompanying these Terms (“User”). These Terms bind and benefit NeuroNexus and User and their respective successors, assigns, heirs, and legal representatives to the extent provided.
2. WARRANTY. GOODS ARE SOLD “AS IS”, AND NEURONEXUS MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES REGARDING THE GOODS.
3. USE OF GOODS. User must use the Goods: (a) in compliance with all applicable federal, state, and local laws, ordinances, Executive Orders, rules and regulations, including without limitation state licensing requirements and radiation regulations; (b) consistent with statements, technical information, instructions, warnings, and recommendations of NeuroNexus; (c) solely in those applications for which the Goods were designed and intended; and (d) solely on or in non-human subjects. IN NO EVENT ARE THE GOODS TO BE USED ON OR IN HUMAN SUBJECTS. User must ensure that the Goods are properly stored, maintained, and protected from physical damage, including, without limitation, damage caused by humidity, excessive heat, moisture, and/or contamination. User may not modify the Goods in any manner including, without limitation, removing or modifying the hardware, any lead shielding, or software embedded in or supplied with the Goods.
4. LIMITATION OF NEURONEXUS’S LIABILITY. NeuroNexus will not be liable for any claim of any kind arising from (a) User's misuse of the Goods, (b) User's negligence, or for (c) direct or indirect incidental, consequential, or special damages, known or unknown, including, without limitation, lost revenues and profits, loss of production, or injury to persons and/or property.
5. TIME OF PERFORMANCE. NeuroNexus will use commercially reasonable efforts to timely perform its obligations. NeuroNexus will not be responsible for delays or defaults caused by events outside NeuroNexus’s control including, without limitation: weather, transportation delays, materials shortages, civil disorders, labor difficulties, fires, floods, accidents and natural disasters.
6. INDEMNIFICATION. User will save, defend, indemnify, and hold harmless NeuroNexus, its shareholders, officers, directors, advisors, agents, servants, employees, and each of their respective affiliates and parent companies from any claims, damages, or expenses, including attorneys’ fees, arising or alleged to arise out of injuries to persons, including death, or damage to property caused by (a) any acts or omissions of User in connection with the use or handling of the Goods, or (b) any use of the Goods in violation of the foregoing Section 3.
7. LIMITATIONS FOR BRINGING ACTION. Any action commenced against NeuroNexus to enforce this Agreement, for breach of this Agreement, or for any defect or deficiency of the Goods, whether based on warranty, contract, negligence, strict or product liability, or other legal theory, shall be brought within one (1) year after accrual of such cause of action. User waives the right to sue in tort for any matter that is addressed, in whole or in part, by these Terms and Conditions. User agrees to provide NeuroNexus with prompt written notice of any and all lawsuits, warranty claims and other claims pertaining to this Agreement or the Goods.
8. UNENFORCEABLE PROVISIONS. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.