Effective April 21, 2023
Welcome to the electroCore, Inc. (“electroCore”) TAC-STIM website (the “Website”). Information on this Website is for general information and educational purposes only.
Use of the Website subsequent to such posting shall constitute your agreement to all such amendments. Because this Agreement and its amendments are binding, you should periodically visit this page to review amendments.
Access and use
All materials displayed or transmitted on the Website, including but not limited to text, photographs, images, illustrations, software, files, data, graphics, or other content (“Materials”), are owned by electroCore or its affiliates, and are protected by United States and international copyright, trademark, service mark, and other proprietary rights, laws, and treaties.
When you view, use, or download these Materials, they are provided to you by electroCore under a limited, non-exclusive license that is revocable. electroCore retains full and complete title to the software and to all of the associated intellectual property rights in and to the Material. You may not redistribute or sell the Material, nor may you reverse engineer, disassemble or otherwise convert it to any other form. You acquire no rights or license whatsoever in the Materials other than the limited rights to use the Websites in accordance with these terms and conditions. electroCore reserves any rights not expressly granted under these terms and conditions of use.
The contents of the Website do not include any medical advice or any other advice and shall not be construed as containing any advice regarding medical or any other issues. To the extent that you are seeking medical advice or any other advice, you acknowledge and agree that the Website does not provide any medical or other advice and that you will not use the Website to obtain or rely on the Website for any medical advice or any other advice. Patients should consult a doctor or other healthcare professional for medical advice, diagnosis, and treatment.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Website. Provided that you do not modify or delete any copyright, trademark, or other proprietary notices, you may display and electronically copy, download, and print hard copy portions of the material contained on the Website solely for your own personal, non-commercial use. Any other use of Materials on the Website, including but not limited to the modification, reproduction, distribution, republication, display, or transmission of the content of the Website, without the prior written permission of electroCore, is prohibited.
You acknowledge that all intellectual property rights and other legal means of ownership in the Material residing on the Website remains with electroCore, its licensors, and its third-party developers. Any attempt to use, redistribute, reverse engineer, or redesign the information, code, textual material, graphics, or modules contained on the Website for any other purpose is prohibited.
electroCore, the electroCore logo, TAC-STIM, and the TAC-STIM logo are trademarks of electroCore, Inc. Nothing contained on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any electroCore, Inc. trademarks displayed on the Website without the prior express written permission of electroCore, Inc. The misuse of any electroCore, Inc. trademark displayed on the Website, or any other content on the Website is strictly prohibited. Please be advised that electroCore will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
DISCLAIMERS OF WARRANTIES AND LIABILITY
ELECTROCORE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT, INCLUDING, WITHOUT LIMITATION, ABOUT ANY PRODUCTS OR SERVICES OF ELECTROCORE. THE WEBSITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, SOFTWARE, DATA, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ELECTROCORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
ELECTROCORE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ELECTROCORE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.
IN ADDITION TO THE ABOVE, YOU (AND NOT ELECTROCORE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ELECTROCORE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF ELECTROCORE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless electroCore and its employees, officers, directors, personnel, suppliers, and partners from and against all losses, costs, damages, and expenses, including attorneys’ fees, resulting from your violation of this Agreement.
Any communication or material transmitted by you to the Website, by email or otherwise, will be treated as non-confidential and non-proprietary.
Links to other sites
The Website may provide access to other websites. electroCore does not control these other sites, and you access them solely at your own risk. electroCore also does not endorse or approve any products or information offered at sites you reach through the Website. We do not review or control the content of third-party sites and expressly disclaim any responsibility for the content of third-party sites linked to the Website.
This Agreement and your use of the Website are governed by the laws of the United States of America and the State of Delaware. Any legal action related to the Website shall be brought in New Jersey.
If any provision of this Agreement is unlawful, void, or unenforceable, the remaining provisions of the Agreement will remain in place. This is the entire Agreement between you and electroCore regarding all aspects of your use of the Website.
©2023 electroCore, Inc.