PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING ANY PAGES IN THIS WEBSITE. Use of this website is subject to our terms of use.

Acceptance

By using or accessing this website you signify acknowledgment and assent to the conditions of use set forth below. If you do not agree to these terms of use, please do not use this website. Neuronetics, Inc, (“Neuronetics”) can revise these terms of use at any time by updating this posting, and your use afterwards signifies your acceptance of the changed terms. Please check these terms of use periodically for changes.

Medical Information/Conditions

Product information on this web site is provided by Neuronetics and is intended for general information purposes only. Any pharmaceutical and medical device products listed are available upon prescription from a medical doctor or qualified medical professional only. The product information is not intended to provide complete medical information. SHOULD YOU HAVE A MEDICAL CONDITION, PROMPTLY SEE YOUR OWN MEDICAL DOCTOR OR HEALTH CARE PROVIDER. WE DO NOT OFFER PERSONALIZED MEDICAL DIAGNOSIS OR PATIENT-SPECIFIC TREATMENT ADVICE. You should always obtain complete medical information about your prescription medicines or medical devices (including their beneficial medical uses and possible adverse effects) by discussing the appropriate use of any medicine(s) or medical devices directly with your prescribing physician or, where appropriate, other medical advisor.

Jurisdiction

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

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

Use of Information

You may freely browse the Site, but you may only access, download or use information from this Site, including any text, images, audio, and video (the “Information”) for your own non-commercial use. You may not distribute, modify, transmit, reuse, repost, or use the Information for commercial purposes, without written permission of Neuronetics. You must retain and reproduce each and every copyright notice or other proprietary rights notice contained in any Information you download. You should assume that everything you see or read on this Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Neuronetics. Neuronetics neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Neuronetics. With the exception of the foregoing limited authorization, no license to or right in the Information, or any copyright of Neuronetics or of any other party is granted or conferred to you.

Trademarks/Proprietary Rights

You should assume that all product names appearing on this Site are trademarks of Neuronetics. This Site may also contain or reference patents, proprietary information, technologies, products, processes or other proprietary rights of Neuronetics and/or other parties. No license to or right in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Neuronetics and/or other parties is granted to or conferred upon you.

Disclaimer of Warranties

While Neuronetics uses reasonable efforts to ensure that the Information is accurate and up to date, the Information may contain technical inaccuracies or typographical errors. Neuronetics reserves the right to make changes, corrections and/or improvements to the Information, and to the products and programs described in such information, at any time without notice. Neuronetics makes no warranties or representations as to the accuracy of any of the Information. Neuronetics assumes no liability or responsibility for any errors or omissions in the content of the Site. ALL INFORMATION IS PROVIDED “AS IS.” NEURONETICS PROVIDES NO WARRANTIES ABOUT THE COMPLETENESS OR ACCURACY OF THE INFORMATION ON THIS SITE OR ITS POSSIBLE USES. CONSEQUENTLY, THE INFORMATION SHOULD BE CAREFULLY EVALUATED BY SITE VISITORS. NEITHER NEURONETICS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE TO YOU SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THIS SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Neuronetics also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of the Information. Neuronetics reserves the right to discontinue this Site at any time without notice and without liability.

Information You Supply To Us

Except for information covered by our Privacy Policy, any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and nonproprietary. Anything you transmit or post becomes the property of Neuronetics or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Neuronetics is free to use, without compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

Links To This Site

Neuronetics has not reviewed any or all of the third-party websites which contain links to this Site and is not responsible for the content of any such off-site pages or any other sites linked to the Site. If you wish to link your website to this Site, you may only link to the home page. You may not link to any other pages within this Site without the prior written consent of Neuronetics. Quotation or use of one or more portions of this Site in the site of any third parties without written consent is likewise prohibited.

Links To Other Sites

Links to third-party sites may be provided for the interest or convenience of visitors to this Site. We will endeavor to inform you when you are leaving this Site that the terms of use and privacy policy of the third-party site may be different. However, Neuronetics accepts no liability for links from us to others, and in particular we are not responsible for the accuracy or legality of the content thereof. We accept no liability deriving from a breach or omission in the privacy policies of third parties.

Postings To This Site

Although Neuronetics may monitor or review discussions, postings, transmissions, and the like on the Site, Neuronetics is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, privacy disclosure or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Neuronetics will fully cooperate with any law enforcement authorities or court order requesting or directing Neuronetics to disclose the identity of anyone posting any such information or materials.

Consequences

If we become aware that you have violated any of the terms and conditions contained in this Legal Statement, we may immediately take corrective action, including preventing the user from using the services offered by Neuronetics and removing any information, data and content put on the Site by the user, at any moment and without notice. If we have been injured by your violation we may, in our sole discretion, seek to recover damages from you.

Notice of Content Removal Procedure; Copyright Agent

Copyright owners may report alleged infringements of their works that are posted on the Website by sending to Neuronetics’ authorized agent a notification of claimed infringement that satisfies the requirements of the Digital Millennium Copyright Act (“DMCA”), including the following information:

1. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
2. Your name, address, telephone number and (if available) e-mail address.
3. A statement that you have good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
4. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
5. A signature or the electronic equivalent from the copyright holder or authorized representative.

Upon Neuronetics’ receipt of a satisfactory notice of claimed infringement for such works, Neuronetics will respond expeditiously to remove the allegedly infringing work(s).

Copyright owners may send Neuronetics a notification of claimed infringement to report alleged infringements of their works to:

Neuronetics, Inc.
Attn: Mark Bausinger
3222 Phoenixville Pike
Malvern, PA 19355
Phone: 1-877-600-7555
Fax: 1-610-640-4206
Email:info@neuronetics.com

Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act.  Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Neuronetics, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.