LEGAL TERMS OF USE

TERMS OF USE

(PLEASE READ CAREFULLY)

Welcome to www.neurala.com.

As used in these Terms of Use (“Terms”), the term “this Website” means this website and all pages and content within this website, including without limitation, all screens, documents, communications, files, text, graphics , elements, designs, logos, images, icons and all other data or information made available by or through the Website (unless otherwise specified herein).

USE AND ACCEPTANCE

Neurala, Inc. (“Neurala”) provides you with access to this Website, and the services provided by and through this Website (the “Service” or “Services”) subject to these Terms. Please read these Terms carefully. By accessing or using this Website (including without limitation, merely browsing, this Website) or any Service or Services, you agree without restriction to be bound by these Terms and signify your agreement to, and acceptance of, all of these Terms. If you are using this Website on behalf of your employer, you represent and warrant that you are authorized to accept these Terms on your employer’s behalf. If you do not agree to follow and be bound by these Terms, you may not access or use materials from this Website, and you may not use this Website and must exit this Website immediately.

NATURE OF INFORMATION

This Website is presented on an “as is,” “as available,” and “with all faults” basis, without any warranty whatsoever, whether express or implied. You have no assurance, and Neurala makes no representations or warranties, that any part of this Website or any information presented in this Website is reliable, accurate, suitable, timely, useful or complete. Under no circumstance will Neurala be liable or responsible to you for any errors or omissions in any information contained in this Website. NEURALA HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, OF ANY TYPE, KIND, NATURE OR DESCRIPTION WHATSOEVER, WHETHER EXPRESS OR IMPLIED AND INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WITH REGARD TO ANY INFORMATION CONTAINED IN THIS WEBSITE.

NO LIABILITY

If you choose to use this Website or any of the Services, you must do so at your own risk. Under no circumstance will Neurala be liable to you or any third party for, and you hereby knowingly and voluntarily release Neurala from, any claim relating to, any loss or damage that you might directly or indirectly suffer (including, without limitation, incidental, special, consequential, or punitive damages, lost profits, and damages resulting from lost data or business interruption) as a result of: (a) your use of this Website or any Service, (b) your inability to use this Website or any Service, irrespective of the cause of that inability, (c) any delay in or interruption of your use of this Website or any Service, irrespective of the cause of that delay or interruption, (d) any corruption of any data that is transmitted by you to Neurala via this Website, transmitted by Neurala to you via this Website, or transmitted by Neurala to you by any method whatsoever, (e) your reliance upon any information presented in this Website, (f) your use of any website to which this Website may be linked, your use of any service provided by and through any such website, your reliance upon any information presented in any such website, or your purchase of any product by way of any such website, (g) the transmission of any virus, worm or other corruptive, contaminating or destructive property or device from this Website to any computer that you may use to access or communicate with this Website, (h) any intentional or unintentional disclosure or publication of any information transmitted by you to Neurala by way of this Website or in connection with any Services, or (i) any other act, omission, matter or thing whatsoever having to do with this Website or any Service.

LINKS

Neurala may include or post links (e.g. “hyperlinks”) in this Website to other websites that are not owned or controlled by Neurala. Neurala is not responsible for the content of such linked websites or any of the products or services offered or provided by or through such linked websites, including information related to Neurala products or services, and you should not consider the posting of any such link as an endorsement by Neurala of the linked website. Neurala makes no representations or warranties as to the accuracy or reliability of any information presented in any linked website or any product or service offered by and through any linked website.

FURTHER RESTRICTIONS ON YOUR USE OF THIS WEBSITE

You will use this Website only for lawful purposes. In connection with your use of this Website or any Services, you will not engage in any conduct that, in any manner, inhibits or interferes with the ability of any other user to use this Website or the use of any Services including, without limitation, (i) pretending to be Neurala or an agent or employee of Neurala, (ii) misrepresenting your affiliation with Neurala, (iii) defacing of any portion of this Website, (iv) mirroring this Website or any URL or other identifier connected with this Website, (v) collecting, manipulating or storing data about other users of the Website, or (vi) engaging in any so-called “spamming” activity (including without limitation the transmission of spam, bulk or unsolicited email or other message delivery). You will not communicate with, on or through this Website in any unlawful, harmful, offensive, threatening, abusive, libelous, defamatory, obscene, profane, pornographic, sexually explicit, vulgar, bigoted or otherwise objectionable manner, including, without limitation, any manner that encourages activity that would constitute a criminal offense, give rise to civil liability or violate any law. Your use of this Website and any Service is at the pleasure of Neurala, and Neurala may terminate your right to use this Website or any Service at any time and for any reason, in its sole and absolute discretion and without notice to you.

YOUR FEEDBACK, COMMENTS, SUGGESTIONS, IDEAS, AND ANY COMMUNICATIONS MADE THROUGH ANY FORM ON THIS WEBSITE

Any information you submit to Neurala through or in connection with this Website is non-confidential and non-proprietary. Neurala cannot guarantee, and is not responsible for, delivery or receipt of any such information that you submit through email or through this Website. If you communicate or transmit any ideas, information, concepts, techniques, know-how or materials to Neurala through this Website (including by using the “Contact Us” or email portions of this Website), you hereby grant Neurala a perpetual, unconditional, unrestricted, irrevocable, fully paid and royalty free license to use and exploit the same in any manner and for any purpose, without any right to compensation from Neurala and free of all moral, intellectual property , proprietary, trade secret, and other rights.

INTELLECTUAL PROPERTY RIGHTS

All of the intellectual property relating to this Website, including without limitation, copyrights, trademarks, patents, and other rights in and to the content of this Website, belongs to Neurala. In no event and under no circumstances will any rights or interests in or to any of such intellectual property transfer to you.

Except as otherwise indicated as to particular content of this Website, this Website is the copyrighted property of Neurala and is protected by copyright laws, state copyright laws and international treaties. None of the content of this Website may be copied or disseminated by you in any manner. You will not reverse engineer, remove, disassemble, decompile, modify, reproduce, mirror, frame, republish, transcribe, store in a retrieval system or transfer or translate into any electronic, mechanical, computer, photographic, recordation or other media, any portion of this Website, including without limitation, any structure, text, images, graphics, designs, algorithms, object code , source code or creative works. For the avoidance of doubt, you will also not use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device program, algorithm or methodology, to access, copy, acquire or monitor any portion of this Website.

If you use any content or intellectual property relating to this Website that is not allowed under these Terms, you are violating these Terms, and may be violating copyright, trademark, and other laws. In the event that such use and violation occurs, in Neurala’ sole discretion, your permission to use this Website may be revoked without limiting Neurala’ other rights in any manner.

PRIVACY PROTECTION

Personal data collected during visits to this Website is processed and handled by Neurala in accordance with applicable law. As noted above, this Website may include links to other websites. Neurala has no responsibility or liability for or relating to the privacy policies or practices of any other website, or the manner in which any data is collected or handled by any other website. Any questions or concerns regarding privacy may be sent to Neurala at legal [at] neurala [dot] com.

PROCESSING AND COLLECTION OF DATA

When you visit this Website, Neurala servers and equipment may automatically record the following personal information and data: websites from which you visit this Website, the name of your internet service provider, the websites you visit, the date and length of your visit, and any personal or identifying information you send Neurala through our forms or email portions of this Website or any other portion of this Website. When you visit this Website, Neurala servers and equipment may automatically record the following non-personal information and data: the links you click on from this Website, the search terms you use, the date and time you access this Website, which pages you visit on this Website, any internet address of websites from which you linked directly to this Website, the name of the domain from which you access the internet, and the type of web browser software you use. Neurala may use cookies, “web beacons,” active components, and third-party tracking tools to track the preferences of visitors to this Website and other data, and optimize this Website and other Neurala websites accordingly, in Neurala’ sole discretion. Neurala may use non-personal information for any purpose, without limitation. Neurala may use personal information to respond and communicate with you, personalize access to this Website, send you information on new products, services, or information on features of this Website that may be of interest to you, maintain records, enforce rules contained within these Terms, protect Neurala property rights, preserve, administer, and modify the Website, protect the health, safety and welfare of others, to prepare, negotiate and perform a contract with you, establish or preserve a legal claim or defense, and to prevent fraud or other illegal activities. Your individual, identifiable, personal data will not be disclosed to third parties that are not affiliated with Neurala without your consent. Please note that certain areas of many websites may not function properly if you reject a cookie.

SECURITY

Neurala uses security measures to protect the data it obtains through this Website against loss, destruction, manipulation, unauthorized disclosure and access by unauthorized persons. However, Neurala does not, and cannot, guarantee that information, including without limitation, personally identifiable information, submitted to or through this Website, or collected on this Website, will be secure.

CHILDREN

Consistent with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), Neurala will never knowingly request personally identifiable information from anyone under the age of thirteen (13) without requiring parental consent. Any person who uses this Website or provides their personal information to Neurala through this web site represents that they are thirteen (13) years of age or older.

INTERNATIONAL USE/EXPORT

This Website can be accessed from countries around the World and may contain references to products or Services that may never be available in your country. This Website is controlled, operated, and administered by Neurala from its offices and/or divisions both within the United States of America and one or more other countries. Neurala makes no representation that the Website or the Services are appropriate or available for use at other locations outside of the United States of America, and access to the Website from territories where the Website or its contents are illegal is prohibited. By using this Website, including without limitation, any Service, product or download that Neurala may make available to you, you represent and certify such use or transaction is in compliance with all import and export laws of the United States of America and your country. If you choose to access the Website, you are solely responsible for complying with applicable law.

GOVERNING LAW AND JURISDICTION

Your use of this Website or any Services, and these Terms, will be governed by the laws of the Commonwealth of Massachusetts, without regard to the laws of any jurisdiction that concern conflicts of laws. Any dispute relating to your use of this Website or any Service or the interpretation or enforcement of these Terms will be brought and resolved in state or federal courts located in the Commonwealth of Massachusetts. You consent and submit to the personal jurisdiction of the courts in the State of Commonwealth of Massachusetts.

SEVERABILITY

If for any reason any provision of these Terms is determined to be unenforceable or invalid, such provision or such part thereof as may be unenforceable or invalid will be deemed severed from these Terms, and the remaining provisions of these Terms will be carried out with the same force and effect as if the severed provision or part thereof had not been a part of these Terms.

NO WAIVER

No waiver of any of these Terms will be deemed a further or continuing waiver of any of these Terms or any other term, condition, policy, or rule included in this Website. All rights not expressly granted in these Terms are reserved by Neurala.

HOLD HARMLESS

You agree to indemnify and hold Neurala, its successors, assigns, affiliates, parent or subsidiary entities, and its past, present or future officers, managers, directors, governors, shareholders, partners, members, managers, employees, representatives, agents, and insurers, harmless, from and against claims, losses, costs, damages and liability resulting from your use of this Website or your violation of these Terms or any other term, condition, policy, or rule included in this Website.

NO ADVICE

Neurala is not engaged in rendering legal, accounting, or other similar advice or professional services. If legal or other professional advice is required, you should seek the services of a competent professional.

HEADINGS

Paragraph or section headings have been used in these Terms for convenience purposes only. They are not a part of the provisions to which they relate and they will not limit the scope of the provisions to which they relate.

MODIFICATION OF CONTENT OR TERMS

Neurala may add content to this Website, delete content from this Website or modify any of the content of this Website at any time and for any reason without notice to you or any other person.

Neurala may add, modify or amend these Terms at any time and for any reason without notice to you or any other person. Any additions, modifications or amendments to these Terms will be effective immediately upon posting to this Website. You must review these Terms each time you enter this Website. By viewing content on this Website or using this Website, you accept the most recent version of these Terms.

You accept and agree to all other rules and policies related to this Website. You may also be subject to additional terms that may apply when you access certain areas or materials on this Website, by using certain Services, or by following a link from this Website.

INVITATION

Subject to these Terms, Neurala invites you to explore and enjoy this Website.

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