These are the general Terms and Conditions of Noraxon U.S.A., Inc. for use of this Site. Please read these Terms and Conditions carefully. Your use of the Site will be subject to these Terms and Conditions.
This Site is for users 18 and over. By agreeing to these Terms, you verify that:
- you are age 18 or older and can enter into a binding contract with Noraxon U.S.A., Inc.
- you will comply with these Terms and all applicable local, state, national and international laws, rules and regulations.
- if you are using the Site on behalf of a business or some other entity, you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
Arbitration Notice: These Terms contain an arbitration clause. Except for certain types of disputes mentioned in that arbitration clause, you and Noraxon U.S.A., Inc. agree that disputes between use will be resolved by mandatory binding arbitration, and you and Noraxon U.S.A., Inc. waive any right to participate in a class-action lawsuit or class-wide arbitration.
Dispute Resolution Notice: These Terms contain an Dispute Resolution clause. Except for certain types of disputes mentioned in that clause, you waive any right to participate in a class-action lawsuit or class-wide arbitration.
In these terms and conditions, the following definitions apply:
“Noraxon” means Noraxon U.S.A., Inc., whose registered office is at 15770 N. Greenway-Hayden Loop, Suite 100, Scottsdale, Arizona 85260, United States of America.“Site” means the website at www.noraxon.com and all information provided on it.
- What you are allowed to do
- You may:
- browse the Site using a compatible web browser (this Site is compatible with [specify]). Permission to browse the Site includes permission to make transient or cached copies of parts of the Site to the extent that this occurs in the normal course of using your browser and that these copies are used only to facilitate current or subsequent access to the Site by you;
- print a copy of any page of the Site, for your own personal purposes, provided you do not do any of the things set out under “What you are not allowed to do”.
- You may:
- What you are allowed to do
- What you are not allowed to do
- You may not:
- (except to the extent expressly set out in these Terms) make any copies of any part of the Site;
- remove or change anything on the Site;
- include or create links to or from the Site;
- copy or use any material from the Site for any commercial purpose;
- remove or change any copyright, trademark or other intellectual property rights notices contained in the original material or from any material copied or printed off from the Site.
- You may not:
- Noraxon accepts no obligation to monitor the use of the Site. However, Noraxon reserves the right to disclose any information as required by law and/or block your access and to take such other action as may be reasonably necessary to prevent any breach of these Terms and Conditions or any breach of applicable law or regulation. Noraxon will also in its absolute discretion fully cooperate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
- What you are not allowed to do
- Most browsers allow you to turn off cookies or to receive a warning before a cookie is stored on your hard drive. Please refer to your browser instructions or help screen to learn more about how to do this. However, should you decide to disable any cookies we place on your computer, you may not be able to use certain services or facilities on the Site. Switching off cookies may restrict your use of the Site.
- Rights and Patents
- All intellectual property rights in any material (including text, photographs and other images and sound, trademarks and logos) contained in this Site are either owned by Noraxon or have been licensed to Noraxon by the rights owner(s) so that Noraxon can use this material as part of its Site. You are only allowed to use this Site and the material contained in the Site as set out in these Terms.
- Noraxon and myoRESEARCH are registered trademarks and the Noraxon logo, myoANALOG, myoFORCE, myoMETRICS, myoMOTION, myoMUSCLE, myoPRESSURE, myoVIDEO, myoSYNC, NiNOX, TRUsync and Ultium are common-law trademarks of Noraxon U.S.A., Inc. All other trademarks are the property of their respective owners.
- 6.3 Noraxon claims its copyright for this website and contents: Copyright 2017 Noraxon U.S.A., Inc. All rights reserved.
- 6.4 Noraxon holds U.S. Patent No. 4,999,584.
- Dispute Resolution
- PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND NORAXON U.S.A., INC. TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US.
- Noraxon reserves the right to assert its claims or defend claims of others in an Arizona state court, and reserves the right to collect attorney’s fees and costs if it prevails.
- Disclaimer and limitation of liability
- ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, THAT MAY BE ASSOCIATED WITH THIS WEBSITE OR ITS CONTENT, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND EXPRESSLY DISCLAIMED BY NORAXON U.S.A., INC.
- Subject to clause 8.1, in no event shall Noraxon be liable (whether for breach of contract, negligence or for any other reason) for any loss of profits; exemplary or special damages; loss of sales; loss of revenue; loss of goodwill; loss of any software or data; loss of bargain; loss of opportunity; loss of use of computer equipment, software or data; loss of or waste of management or other staff time; or for any indirect, consequential or special loss, however arising.
- You agree that your use of the Site is on an “as is” and “as available” basis and that your use of the Site is at your sole risk. On that basis, except as expressly set out in these Terms, Noraxon does not enter into conditions, warranties or other Terms in relation to the Site (including any implied term relating to quality or fitness for a particular purpose).
- You agree that the obtaining of any material through the use of the Site is carried out at your own risk and that Noraxon has no liability to you in respect to such material or the effects of such material.
- Noraxon tries to make sure that all information contained on the Site is correct, but it does not accept any liability for any error or omission. You should check with Noraxon or the relevant supplier before acting on any information on the Site.
- Noraxon may change the format and content of the Site from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up-to-date version of the Site.
- The Site may include links to external sites and co-branded pages. Such links are intended to provide you with access to information and services that you may find useful or interesting. Noraxon is not responsible for the content of these sites and pages or for anything provided by them.
- Noraxon is not liable for any action you may take as a result of relying on any information provided in this Site.
- End User License Agreement – Software
- Noraxon requires the completion of an End User License Agreement (EULA) prior to the download of our software. To review a copy, find it here
- The EULA requires you to register your bibliographical information and sign the EULA before the download is allowed to proceed. We track and archive all such download requests, whether successful or not, for our future reference.
- Suspension and termination of Site
- Noraxon may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any sites or pages linked to it will be not necessarily be uninterrupted or error-free.
- Noraxon may terminate your access to the Site immediately in the event you breach any of these Terms and Conditions.
- Inquiries or complaints
If you have any inquiries or complaints about the Site, please address them to firstname.lastname@example.org.
ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, THAT MAY BE ASSOCIATED WITH THIS WEBSITE OR ITS CONTENT IS HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND EXPRESSLY DISCLAIMED BY NORAXON U.S.A., INC.
- Noraxon may change these Terms and Conditions from time to time, so you should check the Site regularly for any changes. By browsing the Site you are accepting that you are bound by the then-current Terms and Conditions. These Terms and Conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these Terms and Conditions is found to be unenforceable, this shall not affect the validity of any other provision. Noraxon may delay enforcing its rights under these Terms and Conditions without losing them. You agree that Noraxon may subcontract the performance of any of its obligations or may assign these Terms and Conditions or any of its rights or obligations without giving you notice.
- Noraxon will not be liable to you for any breach of these Terms and Conditions which arises because of any circumstances which Noraxon cannot reasonably be expected to control.
By using the Site, you agree to these Terms and Conditions. If you do not agree, please do not use this Site.