TERMS OF USE

Effective Date: December 1, 2018

Welcome to the BioMagnetic Sciences, LLC website at https://www.novo-pulse.com (the “Site”). This website is operated by BioMagnetic Sciences, LLC (the “Company,” “we” or “us”). The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms of Use”) apply to your use of our website and any content, functionality, and services offered at (collectively, the “System”).

Your use of our System means that you accept and agree to these Terms of Use. If you do not agree to these terms our
Privacy Policy, do not use or access the System. 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion and will post any updates to the Terms of Use on the Site. Your continued use of the System following the posting of revised Terms of Use means that you accept and agree to the modified Terms of Use.

Access

To communicate with us through the System, you may be asked to provide certain information. You represent and warrant that all information provided by you is accurate and complete. Our Privacy Policy (located here) describes the personal information we collect, use, manage, disclose, and share.

We reserve the right to withdraw or amend the System, and any service or material we provide on the System, in our sole discretion without notice. We will not be liable if for any reason all or any part of the System is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the System, or the entire System. You are responsible for ensuring that all persons who access the System through your internet connection are aware of these Terms of Use, and that they comply with them.

Prohibited Uses

You are granted a non-exclusive, non-transferable, revocable license to access and use the System. As a condition of your use of the System, you warrant that you will not use the System for any purpose that is unlawful or prohibited by these Terms. You must not: (a) modify copies of any materials from the System; (b) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; (c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the System; (d)reproduce, sell, or exploit for any commercial purposes any part of the System, access to the System, or use of the system or any services or materials available through the System; (e) reverse engineer, decompile, disassemble, reproduce, transcribe, translate into any language or computer language, re-transmit in any form by any means/attempt to discover any underlying ideas, source code, processes, techniques, technology, design, formula, engineering, or algorithms of the System.

You agree not to: (a) use the System in any way that violates any applicable federal, state, local, and international lawor regulation (including, without limitation, any laws regarding the export of data or software to and from the US orother countries); (b) use the System in any manner that could disable, overburden, damage, or impair the System, orinterfere with another party’s use and enjoyment of the System; (c) use any robot, spider, or other automatic device,process, or means to access the System for any purpose, including to monitor or copy any of the material on theSystem; (d) use any manual process to monitor or copy any of the material on the System or for any otherunauthorized purpose without our prior written consent; (e) use any device, software, or routine that interferes withthe proper working of the System; (f) introduce any viruses, trojan horses, worms, logic bombs, or other materialwhich is malicious or technologically harmful; (g) attempt to gain unauthorized access to, interfere with, damage ordisrupt any parts of the System, the server on which the System is stored, or any server, computer, or databaseconnected to the System; or (h) otherwise attempt to interfere with the proper working of the System.

Intellectual Property Rights

The System and its contents, features, and functionality (including but not limited to information, software, text, displays, images, video, audio, logos, and the design, selection, and arrangement thereof, copyrightable or otherwise legally protective elements of the System, and all trademarks, service marks, and trade names), are owned by the Company and/or its subsidiaries, licensors, affiliates, assigns, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content, and will not make any changes thereto.

You are granted a non-exclusive, non-transferable, and revocable license to access and use the System strictly in accordance with these Terms of Use and any other legal notices on the System, and are permitted to use the System for your personal, non-commercial use only. Such license may not be transferred or assigned by you, and any attempted transfer or assignment in violation hereof shall be null and void. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the System. Our content is not for resale. Your use of the System does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors, except as expressly authorized by these Terms.

Company Trademarks

The Company name, the term “NovoPulse,” and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, brands, and marks are used for identification purposes only and are the trademarks of their respective owners.

Copyright Infringement

If you believe that any content on the System violates your copyright, please provide us with the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital MillenniumCopyright Act, (“DMCA”) 17 U.S.C. § 512: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the System; (d) your name, physical address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, his/her/its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. You may not submit a copyright claim on behalf of another individual or organization with which you have no affiliation. Notices with respect to this System should be sent to contact@Novo-Pulse.com.

Electronic Communications

Visiting the Site, using the System, or sending emails to us constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the System, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us, follow the “unsubscribe” link on the email to change your user preferences.

Links from the System

The System may contain links to other sites operated by and resources provided by third parties. These links are provided for your convenience only. We do not control such websites and will not be responsible for their content, or for any breach of contract, or any intentional or negligent action on the part of such third parties, which results in inany loss, damage, delay, or injury to you or your companions. Inclusion of any linked website on the System does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the System to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies), and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.

Reliance on Information Posted

The information presented on or through the System is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. We may update the System from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the System may be out of date at any given time, and we are under no obligation to update such material. Any reliance you place on information presented on or through the System is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the System, or by anyone who may be informed of any of its contents.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates and licensors, and their respective officers, governors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the System, any claim, your violation of these Terms, or your violation of any rights of a third party or your violation of any applicable laws, rules, or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

Warranty Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SYSTEM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND/OR ITS AFFILIATES OR SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE SUITABILITY, TIMELINESS, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SYSTEM FOR ANY PURPOSE. THE COMPANY DOES NOT REPRESENT THAT THE CONTENT OR ANY SERVICES OBTAINED THROUGH THE SYSTEM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SYSTEM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SYSTEM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SYSTEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY AND/OR ITS AFFILIATES AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SYSTEM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SYSTEM, OR OTHERWISE ARISING OUT OFTHE USE OF THE SYSTEM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, STRICT LIABILITY OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, GOVERNORS, EMPLOYEES, AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF SYSTEM CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SYSTEM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM.

Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the System shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota in each case located in the City of Minneapolis and County of Hennepin, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR THE SYSTEM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES (IF MULTIPLE CLAIMS, FROM THE DATE THE FIRST CLAIM AROSE). OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED.

Waiver and Severability

No waiver of these Terms of Use by the Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy, together with any amendments and any additional agreements you may enter into with the Company in connection with the System, constitute the sole and entire agreement between you and the Company with respect to the System and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the System.

Contact Information

To contact us, please email us at Contact@Novo-Pulse.com.