Terms
Effective date/Last updated: July 6, 2023
These Terms of Use (“Terms”) govern your access to and use of the website https://neckcare.com (“Website”) and https://us.necksmart.app (“NeckCare™ Platform”), collectively “Sites”, made available to you by NeckCare Enterprises Inc. (“NeckCare,” “we,” “us,” or “our”).
BY ACCESSING OR USING THE SITES, YOU (“YOU”) AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS OR OUR PRIVACY POLICY, DO NOT ACCESS OR USE THE SITES.
We may modify these Terms at any time. All changes will be effective immediately upon posting to the Website. Material changes will be conspicuously posted on the Website or otherwise communicated to you. By using the Sites after changes are posted, you agree to those changes.
1. Privacy Policy.
We may collect certain information about you and about your use of the Sites as described in our Privacy Policy, which is incorporated into these Terms. The Privacy Policy describes our information collection, use, and sharing practices. If you do not agree to any terms in our Privacy Policy, do not access or use the Sites.
2. Content.
The Sites, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of NeckCare™ or, as applicable, its vendors or licensors. Except for the rights expressly granted to you in the next section, NeckCare™ reserves all other rights in and to the Sites and Content, including all intellectual property rights.
3. Use Rights.
You may only use the Sites or Content for your personal, non-exclusive use, so long as you comply with these Terms, the Privacy Policy, all other terms posted throughout the Sites as applicable to you (if any), and all applicable laws. You may only use the Sites and the Content for their intended purposes for which they are made available to you by NeckCare™.
4. Use of Marks.
NeckCare™ owns certain trademarks, names, logos, insignia, or service marks (“Marks”). You do not have the right to use any Marks except as expressly agreed to in writing by NeckCare™. In addition, the Sites may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third-party's consent.
5. Intellectual Property Rights.
The Sites and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to NeckCare™ or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
6. Compliance with Laws.
In connection with your access to and use of the Sites, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.
7. Restrictions on Your Use of the Sites.
When you use the Sites, you agree to the following:
• You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Sites or Content without NeckCare’s prior written consent.
• You will not use the Sites for unlawful purposes.
• You will not submit inaccurate, incomplete, or out-of-date information via the Sites, commit fraud or falsify information in connection with your use of the Sites.
• You will be fully responsible for all activities on your account.
• You will not attempt to disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, object code or underlying ideas, structure, know-how, algorithms, file formats or programming or interoperability interfaces relevant to the NeckCare™ Platform or any software, documentation or data related to the NeckCare™ Platform by any means whatsoever.
• You will not, and will not allow or assist any third party to: (a) grant third parties permission to use the NeckCare™ Platform, resell, transfer, pledge, lease, rent, or share Customer's rights under this Agreement; (b) modify, remove or amend NeckCare's trademarks, name or logo; (c) update, reproduce, duplicate, copy all or any part of the NeckCare™ Platform; (d) use the NeckCare™ Platform for benchmarking or to developing a product which is competitive with any NeckCare™ products or services.
• You will not engage in data mining or similar data gathering or extraction activities from the Sites. You will not use the Sites to harvest email addresses, names, or other information of the users of the Sites or to spam other users of the Sites.
• You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Sites or Content without NeckCare’s prior written consent.
• You will not use the Sites for unlawful purposes.
• You will not submit inaccurate, incomplete, or out-of-date information via the Sites, commit fraud or falsify information in connection with your use of the Sites.
• You will be fully responsible for all activities on your account.
• You will not attempt to disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, object code or underlying ideas, structure, know-how, algorithms, file formats or programming or interoperability interfaces relevant to the NeckCare™ Platform or any software, documentation or data related to the NeckCare™ Platform by any means whatsoever.
• You will not, and will not allow or assist any third party to: (a) grant third parties permission to use the NeckCare™ Platform, resell, transfer, pledge, lease, rent, or share Customer's rights under this Agreement; (b) modify, remove or amend NeckCare's trademarks, name or logo; (c) update, reproduce, duplicate, copy all or any part of the NeckCare™ Platform; (d) use the NeckCare™ Platform for benchmarking or to developing a product which is competitive with any NeckCare™ products or services.
• You will not engage in data mining or similar data gathering or extraction activities from the Sites. You will not use the Sites to harvest email addresses, names, or other information of the users of the Sites or to spam other users of the Sites.
• You will not access, use, or copy any portion of the Sites or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
• You will not use the Sites to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Sites, the servers used to make the Sites available, or any other network, computers, hardware, software or systems.
• You will not engage in activities that aim to render the Sites or associated services inoperable or to make their use more difficult.
• You may not frame, mirror, or circumvent the navigational structure of any part of the Sites.
• You may not upload, distribute, transmit, or post anything to or through the Sites that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
• You may not engage in any conduct while using the Sites that NeckCare™ considers inappropriate, unauthorized, or contrary to the intended purpose of the Sites.
• You will not use the Sites to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Sites, the servers used to make the Sites available, or any other network, computers, hardware, software or systems.
• You will not engage in activities that aim to render the Sites or associated services inoperable or to make their use more difficult.
• You may not frame, mirror, or circumvent the navigational structure of any part of the Sites.
• You may not upload, distribute, transmit, or post anything to or through the Sites that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
• You may not engage in any conduct while using the Sites that NeckCare™ considers inappropriate, unauthorized, or contrary to the intended purpose of the Sites.
8. Feedback and Other Content Submitted By You.
If you submit comments or feedback to us regarding the Sites or its Content, or any other comments, questions, requests, content or information that is not personal information ("Feedback"), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
9. Social Media.
Links to NeckCare's social media pages (e.g., Facebook and Twitter) are included on the Sites ("Social Media Pages"). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect NeckCare's views. We reserve the right to remove anything from our Social Media Pages, in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms. If we follow, like, re-tweet, favorite, share, or re-post an individual's content on our Social Media Pages, that is not an endorsement of that third party or any service or company they represent.
10. NOT Medical Advice.
The Content on the Sites and the results of any measurements using the NeckCare™ Platform are not medical advice. Content provided on the Sites is for information purposes only. A licensed Healthcare professional is ALWAYS responsible for the interpretation of the results and the chosen treatment path.
11 . DISCLAIMER OF WARRANTIES.
THE SITES AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NECKCARE™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITES AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. NECKCARE™ MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITES IS ACCURATE AND RELIABLE.
NECKCARE™ DOES NOT WARRANT OR GUARANTEE THAT THE SITES OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITES OR CONTENT WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.
12. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NECKCARE™ OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, VOLUNTEERS, AGENTS, SUPPLIERS, ATTORNEYS OR LICENSORS (TOGETHER, “NECKCARE™ PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITES OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITES OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A NECKCARE™ PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
THE LIMITATIONS LISTED ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND WITHOUT THEM, THE SITES SHALL NOT BE ACCESSED BY YOU. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITES OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
13. INDEMNIFICATION.
YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE NECKCARE™ PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITES OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITES. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).
14. Third-Party Websites and Content.
The Sites may link to, or be linked to, websites not maintained or controlled by NeckCare™. Those links are provided as a convenience to the visitors of our Sites. NeckCare™ is not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Sites. NeckCare™ does not warrant or endorse any third-party website or any products or services made available through those websites. When leaving the Sites, it is the terms and privacy policy of that third party that govern your use of the third-party site (and such third-party's use of your personal information), not these Terms.
The Sites may also contain certain third-party Content. We provide third-party content for your convenience, not as an endorsement. The presence of third-party Content does not mean that NeckCare™ has reviewed the third-party Content or that there is any association between NeckCare™ and any third party. You access third-party Content at your sole risk. NeckCare™ has no responsibility for any third- party Content. Nothing in these Terms grants you any rights to any third-party Content.
The Sites may also contain certain third-party Content. We provide third-party content for your convenience, not as an endorsement. The presence of third-party Content does not mean that NeckCare™ has reviewed the third-party Content or that there is any association between NeckCare™ and any third party. You access third-party Content at your sole risk. NeckCare™ has no responsibility for any third- party Content. Nothing in these Terms grants you any rights to any third-party Content.
15. Linking to the Sites.
You are prohibited from linking to the Sites on your website or elsewhere without the prior express written consent of NeckCare™. If NeckCare™ grants you a right to link to the Sites, certain terms may apply, and NeckCare™ reserves the right to revoke such consent at any time. You are responsible for any costs incurred by NeckCare™ in enforcing its rights under this Section.
16. Termination.
If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Sites or Content, and we may restrict your access to the Sites or Content. NeckCare™ may suspend or terminate the Sites or any Content, in whole or in part, at any time in its sole discretion for any reason. NeckCare™ shall not be liable to you or anyone else for any damages arising from or related to NeckCare's suspension or termination of your access to the Sites or the Content, or in the event NeckCare™ modifies, discontinues or restricts the availability of the Sites or the Content (in whole or in part).
17. Sites Unavailability.
Without limiting the generality of the previous section, the Sites or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, fire, flood, storms, earthquake, riot, strike, labor shortage, acts of terrorism, acts of war etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.
18. Cooperation with Law Enforcement.
NeckCare™ will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD NECKCARE™ AND THE NECKCARE™ PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
19. Disputes.
These Terms, and your access to and use of the Sites, are governed by the laws of the State of Delaware, without regards to its conflict of laws principles. Venue is exclusively in the state or federal courts, as applicable, located in Dover, Delaware. The parties expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim brought by you with respect to the Sites or Content must be commenced within one year after the cause of action or claim arises.
20. Assignment.
We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms inure to the benefit of NeckCare’s successors and assigns.
21. Entire Agreement.
These Terms and any terms posted throughout the Website (if any) are the entire agreement between you and NeckCare™ with respect to your access to and use of the Website. Additionally, a “Subscription Agreement” is signed before access is provided to the NeckCare™ Platform.
22. Waiver.
NeckCare’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by NeckCare™.
23. Severability.
If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
24. Electronic Communications.
These Terms and any other documentation, agreements, notices, or communications between you and NeckCare™ may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
25. Contact Us.
Please direct any questions and concerns regarding these Terms to us at info@neckcare.com.
Terms
Effective date/Last updated: July 6, 2023
These Terms of Use (“Terms”) govern your access to and use of the website https://neckcare.com (“Website”) and https://us.necksmart.app (“NeckCare™ Platform”), collectively “Sites”, made available to you by NeckCare Enterprises Inc. (“NeckCare,” “we,” “us,” or “our”).
BY ACCESSING OR USING THE SITES, YOU (“YOU”) AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS OR OUR PRIVACY POLICY, DO NOT ACCESS OR USE THE SITES.
We may modify these Terms at any time. All changes will be effective immediately upon posting to the Website. Material changes will be conspicuously posted on the Website or otherwise communicated to you. By using the Sites after changes are posted, you agree to those changes.
1. Privacy Policy.
We may collect certain information about you and about your use of the Sites as described in our Privacy Policy, which is incorporated into these Terms. The Privacy Policy describes our information collection, use, and sharing practices. If you do not agree to any terms in our Privacy Policy, do not access or use the Sites.
2. Content.
The Sites, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of NeckCare™ or, as applicable, its vendors or licensors. Except for the rights expressly granted to you in the next section, NeckCare™ reserves all other rights in and to the Sites and Content, including all intellectual property rights.
3. Use Rights.
You may only use the Sites or Content for your personal, non-exclusive use, so long as you comply with these Terms, the Privacy Policy, all other terms posted throughout the Sites as applicable to you (if any), and all applicable laws. You may only use the Sites and the Content for their intended purposes for which they are made available to you by NeckCare™.
4. Use of Marks.
NeckCare™ owns certain trademarks, names, logos, insignia, or service marks (“Marks”). You do not have the right to use any Marks except as expressly agreed to in writing by NeckCare™. In addition, the Sites may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third-party's consent.
5. Intellectual Property Rights.
The Sites and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to NeckCare™ or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
6. Compliance with Laws.
In connection with your access to and use of the Sites, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.
7. Restrictions on Your Use of the Sites.
When you use the Sites, you agree to the following:
• You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Sites or Content without NeckCare’s prior written consent.
• You will not use the Sites for unlawful purposes.
• You will not submit inaccurate, incomplete, or out-of-date information via the Sites, commit fraud or falsify information in connection with your use of the Sites.
• You will be fully responsible for all activities on your account.
• You will not attempt to disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, object code or underlying ideas, structure, know-how, algorithms, file formats or programming or interoperability interfaces relevant to the NeckCare™ Platform or any software, documentation or data related to the NeckCare™ Platform by any means whatsoever.
• You will not, and will not allow or assist any third party to: (a) grant third parties permission to use the NeckCare™ Platform, resell, transfer, pledge, lease, rent, or share Customer's rights under this Agreement; (b) modify, remove or amend NeckCare's trademarks, name or logo; (c) update, reproduce, duplicate, copy all or any part of the NeckCare™ Platform; (d) use the NeckCare™ Platform for benchmarking or to developing a product which is competitive with any NeckCare™ products or services.
• You will not engage in data mining or similar data gathering or extraction activities from the Sites. You will not use the Sites to harvest email addresses, names, or other information of the users of the Sites or to spam other users of the Sites.
• You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Sites or Content without NeckCare’s prior written consent.
• You will not use the Sites for unlawful purposes.
• You will not submit inaccurate, incomplete, or out-of-date information via the Sites, commit fraud or falsify information in connection with your use of the Sites.
• You will be fully responsible for all activities on your account.
• You will not attempt to disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, object code or underlying ideas, structure, know-how, algorithms, file formats or programming or interoperability interfaces relevant to the NeckCare™ Platform or any software, documentation or data related to the NeckCare™ Platform by any means whatsoever.
• You will not, and will not allow or assist any third party to: (a) grant third parties permission to use the NeckCare™ Platform, resell, transfer, pledge, lease, rent, or share Customer's rights under this Agreement; (b) modify, remove or amend NeckCare's trademarks, name or logo; (c) update, reproduce, duplicate, copy all or any part of the NeckCare™ Platform; (d) use the NeckCare™ Platform for benchmarking or to developing a product which is competitive with any NeckCare™ products or services.
• You will not engage in data mining or similar data gathering or extraction activities from the Sites. You will not use the Sites to harvest email addresses, names, or other information of the users of the Sites or to spam other users of the Sites.
• You will not access, use, or copy any portion of the Sites or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
• You will not use the Sites to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Sites, the servers used to make the Sites available, or any other network, computers, hardware, software or systems.
• You will not engage in activities that aim to render the Sites or associated services inoperable or to make their use more difficult.
• You may not frame, mirror, or circumvent the navigational structure of any part of the Sites.
• You may not upload, distribute, transmit, or post anything to or through the Sites that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
• You may not engage in any conduct while using the Sites that NeckCare™ considers inappropriate, unauthorized, or contrary to the intended purpose of the Sites.
• You will not use the Sites to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Sites, the servers used to make the Sites available, or any other network, computers, hardware, software or systems.
• You will not engage in activities that aim to render the Sites or associated services inoperable or to make their use more difficult.
• You may not frame, mirror, or circumvent the navigational structure of any part of the Sites.
• You may not upload, distribute, transmit, or post anything to or through the Sites that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
• You may not engage in any conduct while using the Sites that NeckCare™ considers inappropriate, unauthorized, or contrary to the intended purpose of the Sites.
8. Feedback and Other Content Submitted By You.
If you submit comments or feedback to us regarding the Sites or its Content, or any other comments, questions, requests, content or information that is not personal information ("Feedback"), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
9. Social Media.
Links to NeckCare's social media pages (e.g., Facebook and Twitter) are included on the Sites ("Social Media Pages"). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect NeckCare's views. We reserve the right to remove anything from our Social Media Pages, in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms. If we follow, like, re-tweet, favorite, share, or re-post an individual's content on our Social Media Pages, that is not an endorsement of that third party or any service or company they represent.
10. NOT Medical Advice.
The Content on the Sites and the results of any measurements using the NeckCare™ Platform are not medical advice. Content provided on the Sites is for information purposes only. A licensed Healthcare professional is ALWAYS responsible for the interpretation of the results and the chosen treatment path.
11 . DISCLAIMER OF WARRANTIES.
THE SITES AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NECKCARE™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITES AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. NECKCARE™ MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITES IS ACCURATE AND RELIABLE.
NECKCARE™ DOES NOT WARRANT OR GUARANTEE THAT THE SITES OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITES OR CONTENT WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.
12. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NECKCARE™ OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, VOLUNTEERS, AGENTS, SUPPLIERS, ATTORNEYS OR LICENSORS (TOGETHER, “NECKCARE™ PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITES OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITES OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A NECKCARE™ PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
THE LIMITATIONS LISTED ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND WITHOUT THEM, THE SITES SHALL NOT BE ACCESSED BY YOU. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITES OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
13. INDEMNIFICATION.
YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE NECKCARE™ PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITES OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITES. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).
14. Third-Party Websites and Content.
The Sites may link to, or be linked to, websites not maintained or controlled by NeckCare™. Those links are provided as a convenience to the visitors of our Sites. NeckCare™ is not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Sites. NeckCare™ does not warrant or endorse any third-party website or any products or services made available through those websites. When leaving the Sites, it is the terms and privacy policy of that third party that govern your use of the third-party site (and such third-party's use of your personal information), not these Terms.
The Sites may also contain certain third-party Content. We provide third-party content for your convenience, not as an endorsement. The presence of third-party Content does not mean that NeckCare™ has reviewed the third-party Content or that there is any association between NeckCare™ and any third party. You access third-party Content at your sole risk. NeckCare™ has no responsibility for any third- party Content. Nothing in these Terms grants you any rights to any third-party Content.
The Sites may also contain certain third-party Content. We provide third-party content for your convenience, not as an endorsement. The presence of third-party Content does not mean that NeckCare™ has reviewed the third-party Content or that there is any association between NeckCare™ and any third party. You access third-party Content at your sole risk. NeckCare™ has no responsibility for any third- party Content. Nothing in these Terms grants you any rights to any third-party Content.
15. Linking to the Sites.
You are prohibited from linking to the Sites on your website or elsewhere without the prior express written consent of NeckCare™. If NeckCare™ grants you a right to link to the Sites, certain terms may apply, and NeckCare™ reserves the right to revoke such consent at any time. You are responsible for any costs incurred by NeckCare™ in enforcing its rights under this Section.
16. Termination.
If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Sites or Content, and we may restrict your access to the Sites or Content. NeckCare™ may suspend or terminate the Sites or any Content, in whole or in part, at any time in its sole discretion for any reason. NeckCare™ shall not be liable to you or anyone else for any damages arising from or related to NeckCare's suspension or termination of your access to the Sites or the Content, or in the event NeckCare™ modifies, discontinues or restricts the availability of the Sites or the Content (in whole or in part).
17. Sites Unavailability.
Without limiting the generality of the previous section, the Sites or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, fire, flood, storms, earthquake, riot, strike, labor shortage, acts of terrorism, acts of war etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.
18. Cooperation with Law Enforcement.
NeckCare™ will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD NECKCARE™ AND THE NECKCARE™ PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
19. Disputes.
These Terms, and your access to and use of the Sites, are governed by the laws of the State of Delaware, without regards to its conflict of laws principles. Venue is exclusively in the state or federal courts, as applicable, located in Dover, Delaware. The parties expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim brought by you with respect to the Sites or Content must be commenced within one year after the cause of action or claim arises.
20. Assignment.
We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms inure to the benefit of NeckCare’s successors and assigns.
21. Entire Agreement.
These Terms and any terms posted throughout the Website (if any) are the entire agreement between you and NeckCare™ with respect to your access to and use of the Website. Additionally, a “Subscription Agreement” is signed before access is provided to the NeckCare™ Platform.
22. Waiver.
NeckCare’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by NeckCare™.
23. Severability.
If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
24. Electronic Communications.
These Terms and any other documentation, agreements, notices, or communications between you and NeckCare™ may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
25. Contact Us.
Please direct any questions and concerns regarding these Terms to us at info@neckcare.com.
Terms
Effective date/Last updated: July 6, 2023
These Terms of Use (“Terms”) govern your access to and use of the website https://neckcare.com (“Website”) and https://us.necksmart.app (“NeckCare™ Platform”), collectively “Sites”, made available to you by NeckCare Enterprises Inc. (“NeckCare,” “we,” “us,” or “our”).
BY ACCESSING OR USING THE SITES, YOU (“YOU”) AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS OR OUR PRIVACY POLICY, DO NOT ACCESS OR USE THE SITES.
We may modify these Terms at any time. All changes will be effective immediately upon posting to the Website. Material changes will be conspicuously posted on the Website or otherwise communicated to you. By using the Sites after changes are posted, you agree to those changes.
1. Privacy Policy.
We may collect certain information about you and about your use of the Sites as described in our Privacy Policy, which is incorporated into these Terms. The Privacy Policy describes our information collection, use, and sharing practices. If you do not agree to any terms in our Privacy Policy, do not access or use the Sites.
2. Content.
The Sites, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of NeckCare™ or, as applicable, its vendors or licensors. Except for the rights expressly granted to you in the next section, NeckCare™ reserves all other rights in and to the Sites and Content, including all intellectual property rights.
3. Use Rights.
You may only use the Sites or Content for your personal, non-exclusive use, so long as you comply with these Terms, the Privacy Policy, all other terms posted throughout the Sites as applicable to you (if any), and all applicable laws. You may only use the Sites and the Content for their intended purposes for which they are made available to you by NeckCare™.
4. Use of Marks.
NeckCare™ owns certain trademarks, names, logos, insignia, or service marks (“Marks”). You do not have the right to use any Marks except as expressly agreed to in writing by NeckCare™. In addition, the Sites may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third-party's consent.
5. Intellectual Property Rights.
The Sites and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to NeckCare™ or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
6. Compliance with Laws.
In connection with your access to and use of the Sites, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.
7. Restrictions on Your Use of the Sites.
When you use the Sites, you agree to the following:
• You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Sites or Content without NeckCare’s prior written consent.
• You will not use the Sites for unlawful purposes.
• You will not submit inaccurate, incomplete, or out-of-date information via the Sites, commit fraud or falsify information in connection with your use of the Sites.
• You will be fully responsible for all activities on your account.
• You will not attempt to disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, object code or underlying ideas, structure, know-how, algorithms, file formats or programming or interoperability interfaces relevant to the NeckCare™ Platform or any software, documentation or data related to the NeckCare™ Platform by any means whatsoever.
• You will not, and will not allow or assist any third party to: (a) grant third parties permission to use the NeckCare™ Platform, resell, transfer, pledge, lease, rent, or share Customer's rights under this Agreement; (b) modify, remove or amend NeckCare's trademarks, name or logo; (c) update, reproduce, duplicate, copy all or any part of the NeckCare™ Platform; (d) use the NeckCare™ Platform for benchmarking or to developing a product which is competitive with any NeckCare™ products or services.
• You will not engage in data mining or similar data gathering or extraction activities from the Sites. You will not use the Sites to harvest email addresses, names, or other information of the users of the Sites or to spam other users of the Sites.
• You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Sites or Content without NeckCare’s prior written consent.
• You will not use the Sites for unlawful purposes.
• You will not submit inaccurate, incomplete, or out-of-date information via the Sites, commit fraud or falsify information in connection with your use of the Sites.
• You will be fully responsible for all activities on your account.
• You will not attempt to disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, object code or underlying ideas, structure, know-how, algorithms, file formats or programming or interoperability interfaces relevant to the NeckCare™ Platform or any software, documentation or data related to the NeckCare™ Platform by any means whatsoever.
• You will not, and will not allow or assist any third party to: (a) grant third parties permission to use the NeckCare™ Platform, resell, transfer, pledge, lease, rent, or share Customer's rights under this Agreement; (b) modify, remove or amend NeckCare's trademarks, name or logo; (c) update, reproduce, duplicate, copy all or any part of the NeckCare™ Platform; (d) use the NeckCare™ Platform for benchmarking or to developing a product which is competitive with any NeckCare™ products or services.
• You will not engage in data mining or similar data gathering or extraction activities from the Sites. You will not use the Sites to harvest email addresses, names, or other information of the users of the Sites or to spam other users of the Sites.
• You will not access, use, or copy any portion of the Sites or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
• You will not use the Sites to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Sites, the servers used to make the Sites available, or any other network, computers, hardware, software or systems.
• You will not engage in activities that aim to render the Sites or associated services inoperable or to make their use more difficult.
• You may not frame, mirror, or circumvent the navigational structure of any part of the Sites.
• You may not upload, distribute, transmit, or post anything to or through the Sites that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
• You may not engage in any conduct while using the Sites that NeckCare™ considers inappropriate, unauthorized, or contrary to the intended purpose of the Sites.
• You will not use the Sites to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Sites, the servers used to make the Sites available, or any other network, computers, hardware, software or systems.
• You will not engage in activities that aim to render the Sites or associated services inoperable or to make their use more difficult.
• You may not frame, mirror, or circumvent the navigational structure of any part of the Sites.
• You may not upload, distribute, transmit, or post anything to or through the Sites that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
• You may not engage in any conduct while using the Sites that NeckCare™ considers inappropriate, unauthorized, or contrary to the intended purpose of the Sites.
8. Feedback and Other Content Submitted By You.
If you submit comments or feedback to us regarding the Sites or its Content, or any other comments, questions, requests, content or information that is not personal information ("Feedback"), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
9. Social Media.
Links to NeckCare's social media pages (e.g., Facebook and Twitter) are included on the Sites ("Social Media Pages"). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect NeckCare's views. We reserve the right to remove anything from our Social Media Pages, in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms. If we follow, like, re-tweet, favorite, share, or re-post an individual's content on our Social Media Pages, that is not an endorsement of that third party or any service or company they represent.
10. NOT Medical Advice.
The Content on the Sites and the results of any measurements using the NeckCare™ Platform are not medical advice. Content provided on the Sites is for information purposes only. A licensed Healthcare professional is ALWAYS responsible for the interpretation of the results and the chosen treatment path.
11 . DISCLAIMER OF WARRANTIES.
THE SITES AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NECKCARE™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITES AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. NECKCARE™ MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITES IS ACCURATE AND RELIABLE.
NECKCARE™ DOES NOT WARRANT OR GUARANTEE THAT THE SITES OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITES OR CONTENT WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.
12. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NECKCARE™ OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, VOLUNTEERS, AGENTS, SUPPLIERS, ATTORNEYS OR LICENSORS (TOGETHER, “NECKCARE™ PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITES OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITES OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A NECKCARE™ PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
THE LIMITATIONS LISTED ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND WITHOUT THEM, THE SITES SHALL NOT BE ACCESSED BY YOU. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITES OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
13. INDEMNIFICATION.
YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE NECKCARE™ PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITES OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITES. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).
14. Third-Party Websites and Content.
The Sites may link to, or be linked to, websites not maintained or controlled by NeckCare™. Those links are provided as a convenience to the visitors of our Sites. NeckCare™ is not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Sites. NeckCare™ does not warrant or endorse any third-party website or any products or services made available through those websites. When leaving the Sites, it is the terms and privacy policy of that third party that govern your use of the third-party site (and such third-party's use of your personal information), not these Terms.
The Sites may also contain certain third-party Content. We provide third-party content for your convenience, not as an endorsement. The presence of third-party Content does not mean that NeckCare™ has reviewed the third-party Content or that there is any association between NeckCare™ and any third party. You access third-party Content at your sole risk. NeckCare™ has no responsibility for any third- party Content. Nothing in these Terms grants you any rights to any third-party Content.
The Sites may also contain certain third-party Content. We provide third-party content for your convenience, not as an endorsement. The presence of third-party Content does not mean that NeckCare™ has reviewed the third-party Content or that there is any association between NeckCare™ and any third party. You access third-party Content at your sole risk. NeckCare™ has no responsibility for any third- party Content. Nothing in these Terms grants you any rights to any third-party Content.
15. Linking to the Sites.
You are prohibited from linking to the Sites on your website or elsewhere without the prior express written consent of NeckCare™. If NeckCare™ grants you a right to link to the Sites, certain terms may apply, and NeckCare™ reserves the right to revoke such consent at any time. You are responsible for any costs incurred by NeckCare™ in enforcing its rights under this Section.
16. Termination.
If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Sites or Content, and we may restrict your access to the Sites or Content. NeckCare™ may suspend or terminate the Sites or any Content, in whole or in part, at any time in its sole discretion for any reason. NeckCare™ shall not be liable to you or anyone else for any damages arising from or related to NeckCare's suspension or termination of your access to the Sites or the Content, or in the event NeckCare™ modifies, discontinues or restricts the availability of the Sites or the Content (in whole or in part).
17. Sites Unavailability.
Without limiting the generality of the previous section, the Sites or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, fire, flood, storms, earthquake, riot, strike, labor shortage, acts of terrorism, acts of war etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.
18. Cooperation with Law Enforcement.
NeckCare™ will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD NECKCARE™ AND THE NECKCARE™ PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
19. Disputes.
These Terms, and your access to and use of the Sites, are governed by the laws of the State of Delaware, without regards to its conflict of laws principles. Venue is exclusively in the state or federal courts, as applicable, located in Dover, Delaware. The parties expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim brought by you with respect to the Sites or Content must be commenced within one year after the cause of action or claim arises.
20. Assignment.
We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms inure to the benefit of NeckCare’s successors and assigns.
21. Entire Agreement.
These Terms and any terms posted throughout the Website (if any) are the entire agreement between you and NeckCare™ with respect to your access to and use of the Website. Additionally, a “Subscription Agreement” is signed before access is provided to the NeckCare™ Platform.
22. Waiver.
NeckCare’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by NeckCare™.
23. Severability.
If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
24. Electronic Communications.
These Terms and any other documentation, agreements, notices, or communications between you and NeckCare™ may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
25. Contact Us.
Please direct any questions and concerns regarding these Terms to us at info@neckcare.com.
Terms
Effective date/Last updated: July 6, 2023
These Terms of Use (“Terms”) govern your access to and use of the website https://neckcare.com (“Website”) and https://us.necksmart.app (“NeckCare™ Platform”), collectively “Sites”, made available to you by NeckCare Enterprises Inc. (“NeckCare,” “we,” “us,” or “our”).
BY ACCESSING OR USING THE SITES, YOU (“YOU”) AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS OR OUR PRIVACY POLICY, DO NOT ACCESS OR USE THE SITES.
We may modify these Terms at any time. All changes will be effective immediately upon posting to the Website. Material changes will be conspicuously posted on the Website or otherwise communicated to you. By using the Sites after changes are posted, you agree to those changes.
1. Privacy Policy.
We may collect certain information about you and about your use of the Sites as described in our Privacy Policy, which is incorporated into these Terms. The Privacy Policy describes our information collection, use, and sharing practices. If you do not agree to any terms in our Privacy Policy, do not access or use the Sites.
2. Content.
The Sites, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of NeckCare™ or, as applicable, its vendors or licensors. Except for the rights expressly granted to you in the next section, NeckCare™ reserves all other rights in and to the Sites and Content, including all intellectual property rights.
3. Use Rights.
You may only use the Sites or Content for your personal, non-exclusive use, so long as you comply with these Terms, the Privacy Policy, all other terms posted throughout the Sites as applicable to you (if any), and all applicable laws. You may only use the Sites and the Content for their intended purposes for which they are made available to you by NeckCare™.
4. Use of Marks.
NeckCare™ owns certain trademarks, names, logos, insignia, or service marks (“Marks”). You do not have the right to use any Marks except as expressly agreed to in writing by NeckCare™. In addition, the Sites may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third-party's consent.
5. Intellectual Property Rights.
The Sites and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to NeckCare™ or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
6. Compliance with Laws.
In connection with your access to and use of the Sites, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.
7. Restrictions on Your Use of the Sites.
When you use the Sites, you agree to the following:
• You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Sites or Content without NeckCare’s prior written consent.
• You will not use the Sites for unlawful purposes.
• You will not submit inaccurate, incomplete, or out-of-date information via the Sites, commit fraud or falsify information in connection with your use of the Sites.
• You will be fully responsible for all activities on your account.
• You will not attempt to disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, object code or underlying ideas, structure, know-how, algorithms, file formats or programming or interoperability interfaces relevant to the NeckCare™ Platform or any software, documentation or data related to the NeckCare™ Platform by any means whatsoever.
• You will not, and will not allow or assist any third party to: (a) grant third parties permission to use the NeckCare™ Platform, resell, transfer, pledge, lease, rent, or share Customer's rights under this Agreement; (b) modify, remove or amend NeckCare's trademarks, name or logo; (c) update, reproduce, duplicate, copy all or any part of the NeckCare™ Platform; (d) use the NeckCare™ Platform for benchmarking or to developing a product which is competitive with any NeckCare™ products or services.
• You will not engage in data mining or similar data gathering or extraction activities from the Sites. You will not use the Sites to harvest email addresses, names, or other information of the users of the Sites or to spam other users of the Sites.
• You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Sites or Content without NeckCare’s prior written consent.
• You will not use the Sites for unlawful purposes.
• You will not submit inaccurate, incomplete, or out-of-date information via the Sites, commit fraud or falsify information in connection with your use of the Sites.
• You will be fully responsible for all activities on your account.
• You will not attempt to disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, object code or underlying ideas, structure, know-how, algorithms, file formats or programming or interoperability interfaces relevant to the NeckCare™ Platform or any software, documentation or data related to the NeckCare™ Platform by any means whatsoever.
• You will not, and will not allow or assist any third party to: (a) grant third parties permission to use the NeckCare™ Platform, resell, transfer, pledge, lease, rent, or share Customer's rights under this Agreement; (b) modify, remove or amend NeckCare's trademarks, name or logo; (c) update, reproduce, duplicate, copy all or any part of the NeckCare™ Platform; (d) use the NeckCare™ Platform for benchmarking or to developing a product which is competitive with any NeckCare™ products or services.
• You will not engage in data mining or similar data gathering or extraction activities from the Sites. You will not use the Sites to harvest email addresses, names, or other information of the users of the Sites or to spam other users of the Sites.
• You will not access, use, or copy any portion of the Sites or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
• You will not use the Sites to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Sites, the servers used to make the Sites available, or any other network, computers, hardware, software or systems.
• You will not engage in activities that aim to render the Sites or associated services inoperable or to make their use more difficult.
• You may not frame, mirror, or circumvent the navigational structure of any part of the Sites.
• You may not upload, distribute, transmit, or post anything to or through the Sites that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
• You may not engage in any conduct while using the Sites that NeckCare™ considers inappropriate, unauthorized, or contrary to the intended purpose of the Sites.
• You will not use the Sites to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Sites, the servers used to make the Sites available, or any other network, computers, hardware, software or systems.
• You will not engage in activities that aim to render the Sites or associated services inoperable or to make their use more difficult.
• You may not frame, mirror, or circumvent the navigational structure of any part of the Sites.
• You may not upload, distribute, transmit, or post anything to or through the Sites that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
• You may not engage in any conduct while using the Sites that NeckCare™ considers inappropriate, unauthorized, or contrary to the intended purpose of the Sites.
8. Feedback and Other Content Submitted By You.
If you submit comments or feedback to us regarding the Sites or its Content, or any other comments, questions, requests, content or information that is not personal information ("Feedback"), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
9. Social Media.
Links to NeckCare's social media pages (e.g., Facebook and Twitter) are included on the Sites ("Social Media Pages"). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect NeckCare's views. We reserve the right to remove anything from our Social Media Pages, in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms. If we follow, like, re-tweet, favorite, share, or re-post an individual's content on our Social Media Pages, that is not an endorsement of that third party or any service or company they represent.
10. NOT Medical Advice.
The Content on the Sites and the results of any measurements using the NeckCare™ Platform are not medical advice. Content provided on the Sites is for information purposes only. A licensed Healthcare professional is ALWAYS responsible for the interpretation of the results and the chosen treatment path.
11 . DISCLAIMER OF WARRANTIES.
THE SITES AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NECKCARE™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITES AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. NECKCARE™ MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITES IS ACCURATE AND RELIABLE.
NECKCARE™ DOES NOT WARRANT OR GUARANTEE THAT THE SITES OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITES OR CONTENT WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.
12. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NECKCARE™ OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, VOLUNTEERS, AGENTS, SUPPLIERS, ATTORNEYS OR LICENSORS (TOGETHER, “NECKCARE™ PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITES OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITES OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A NECKCARE™ PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
THE LIMITATIONS LISTED ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND WITHOUT THEM, THE SITES SHALL NOT BE ACCESSED BY YOU. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITES OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
13. INDEMNIFICATION.
YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE NECKCARE™ PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITES OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITES. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).
14. Third-Party Websites and Content.
The Sites may link to, or be linked to, websites not maintained or controlled by NeckCare™. Those links are provided as a convenience to the visitors of our Sites. NeckCare™ is not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Sites. NeckCare™ does not warrant or endorse any third-party website or any products or services made available through those websites. When leaving the Sites, it is the terms and privacy policy of that third party that govern your use of the third-party site (and such third-party's use of your personal information), not these Terms.
The Sites may also contain certain third-party Content. We provide third-party content for your convenience, not as an endorsement. The presence of third-party Content does not mean that NeckCare™ has reviewed the third-party Content or that there is any association between NeckCare™ and any third party. You access third-party Content at your sole risk. NeckCare™ has no responsibility for any third- party Content. Nothing in these Terms grants you any rights to any third-party Content.
The Sites may also contain certain third-party Content. We provide third-party content for your convenience, not as an endorsement. The presence of third-party Content does not mean that NeckCare™ has reviewed the third-party Content or that there is any association between NeckCare™ and any third party. You access third-party Content at your sole risk. NeckCare™ has no responsibility for any third- party Content. Nothing in these Terms grants you any rights to any third-party Content.
15. Linking to the Sites.
You are prohibited from linking to the Sites on your website or elsewhere without the prior express written consent of NeckCare™. If NeckCare™ grants you a right to link to the Sites, certain terms may apply, and NeckCare™ reserves the right to revoke such consent at any time. You are responsible for any costs incurred by NeckCare™ in enforcing its rights under this Section.
16. Termination.
If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Sites or Content, and we may restrict your access to the Sites or Content. NeckCare™ may suspend or terminate the Sites or any Content, in whole or in part, at any time in its sole discretion for any reason. NeckCare™ shall not be liable to you or anyone else for any damages arising from or related to NeckCare's suspension or termination of your access to the Sites or the Content, or in the event NeckCare™ modifies, discontinues or restricts the availability of the Sites or the Content (in whole or in part).
17. Sites Unavailability.
Without limiting the generality of the previous section, the Sites or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, fire, flood, storms, earthquake, riot, strike, labor shortage, acts of terrorism, acts of war etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.
18. Cooperation with Law Enforcement.
NeckCare™ will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD NECKCARE™ AND THE NECKCARE™ PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
19. Disputes.
These Terms, and your access to and use of the Sites, are governed by the laws of the State of Delaware, without regards to its conflict of laws principles. Venue is exclusively in the state or federal courts, as applicable, located in Dover, Delaware. The parties expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim brought by you with respect to the Sites or Content must be commenced within one year after the cause of action or claim arises.
20. Assignment.
We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms inure to the benefit of NeckCare’s successors and assigns.
21. Entire Agreement.
These Terms and any terms posted throughout the Website (if any) are the entire agreement between you and NeckCare™ with respect to your access to and use of the Website. Additionally, a “Subscription Agreement” is signed before access is provided to the NeckCare™ Platform.
22. Waiver.
NeckCare’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by NeckCare™.
23. Severability.
If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
24. Electronic Communications.
These Terms and any other documentation, agreements, notices, or communications between you and NeckCare™ may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
25. Contact Us.
Please direct any questions and concerns regarding these Terms to us at info@neckcare.com.