Thank you for visiting LACEListening.com (the "Site"). The Site allows
you the opportunity to perform auditory training tasks and playback
auditory training audio files ("Audio Files"). These Terms of Use govern
your access to and use of the Site and its contents and any audio files.
These Terms of Use are a legal contract between you and Neurotone Inc.
("Neurotone"). Please review them carefully. By using this Site, you
agree to the terms and conditions contained in these Terms of Use. If
you do not want to agree to these Terms of Use, then you should not use
the Site. You should also review our Privacy Policy.
These Terms of Use may be updated from time to time. While we will try
to notify of significant changes to the Terms of Use, you should
regularly review them, particularly if you do not access the Site
frequently. If you continue to access the Site, even if you have not
received notice of such changes, you will have agreed to the Terms of
Use as modified.
The effective date of these Terms of Use is December 2011.
1. Ownership
Neurotone is the exclusive owner of the Site, including all site content
and code. "Content" includes not only the Audio Files, but all other
audio and visual elements of the site. Except as otherwise permitted by
Neurotone, neither Content nor any other part of the Site may be used,
copied, reproduced, republished, uploaded, posted, transmitted, or
distributed, or modified in any way, including for public or commercial
purposes. Any rights not expressly granted herein are reserved to
Neurotone. Copyright 2011 Neurotone.
Neurotone and LACE is a registered trademark and service mark belonging
to Neurotone. Any unauthorized use of the marks is strictly prohibited.
Neurotone also uses or displays marks of third parties with their
permission. Nothing contained in the Site grants you, by implication,
estoppel or otherwise, any license or right to use any marks displayed
on the Site without the written permission of Neurotone or such third
party that owns or controls such mark.
2. License Grant
Neurotone grants you a non-exclusive, non-transferable limited license
to access and use the Site and to view any Content posted on or accessed
through the Site. In addition, upon registration, Neurotone grants you a
license to play the applicable Audio Files. This license is subject to
your compliance with these Terms of Use and is for personal use only and
not for any commercial purpose. You hereby agree not to use the Site or
any Content (including Audio Files) for any commercial purpose
whatsoever.
You agree that you will not (nor allow any third party to) modify the
Content or any code contained in the Site in any manner or form;
download Audio Files; create derivative works, reverse engineer, reverse
assemble, or otherwise attempt to discover any source code, sell,
assign, sublicense or otherwise transfer any rights in the Content. You
agree to retain all copyright and other proprietary notices on the
Content. You agree to comply with all applicable laws regarding your use
of the Site.
3. Registration
In order to access the training program, you must register with the
website.
When you register, you agree to provide true, current and complete
information about yourself as prompted by the registration form and
agree to maintain and promptly update such information to keep it true,
current and complete. You will choose a user name and a password that
you may use to access the training programs. You are responsible for
maintaining the confidentiality of the password and user name, and are
responsible for all activities that occur under your password or user
name. You agree to immediately notify Neurotone of any unauthorized use
of your password or user name or any other breach of security. Neurotone
is not responsible whatsoever in the event your password is
misappropriated by a third party. You must be at least eighteen (18)
years old to register and access the training program.
4. Disclaimer of Warranties/Limitation of Liabilities
You acknowledge and understand that mistakes or omissions may occur in
the data or information provided, as well as delays or interruptions of
the data or information stream.
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. Neurotone EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
Neurotone MAKES NO WARRANTY THAT (a) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (b) CONTENT WILL BE ACCURATE (EITHER WHEN
POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OR RELIABLE, OR © THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS.
ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT
RESULTS FROM SUCH USE OF ANY MATERIAL, INCLUDING WITHOUT LIMITATION,
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
Neurotone WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF Neurotone HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE (OR INABILITY TO USE
THE SERVICE).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
WARRANTIES AND/OR DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY IN CERTAIN CIRCUMSTANCES.
5. Materials Posted By You
Any materials you submit or make available for inclusion on the Site
(for example, by message/billboard postings, postings to forums etc.)
("Your Materials") are subject to the following terms and conditions.
You grant Neurotone an irrevocable, perpetual, world-wide, royalty free,
non-exclusive and fully sub-licensable license to use, distribute,
reproduce, sublicense, modify, adapt, publish, translate, perform
(either publicly or by digital audio transmission) and publicly display
Your Materials (in whole or in part) on the Site and to incorporate Your
Materials into other works in any format or medium now known or later
developed.
You warrant and agree that none of Your Materials (a) infringe on any
rights of third parties, including copyrights, (b) is confidential or
trade secret information of any party, © constitutes invasion of privacy
or misappropriation of rights to publicity or personality, (d) is
obscene, sexually explicit, defamatory or unlawful; or (e) contains a
virus or other damaging content.
6. Indemnity
You agree, at your own expense, to defend and indemnify and hold
Neurotone, and its affiliates harmless against any claim or demand which
may be asserted against Neurotone or its affiliates, including
reasonable attorneys' fees, arising out of any breach or alleged breach
of any of your obligations set forth in these Terms of Use or due to or
arising out of anything you submit, post, transmit or make available
through the Site.
7. General Terms
The Terms of Use, the Site and the Service will be governed by and
construed in accordance with the laws of the State of California,
without regard to its conflict of law rules. Any claim, dispute or
controversy between you and Neurotone arising from or relating to the
Terms of Use, the Site or your relationship with Neurotone must be
resolved exclusively in the appropriate state or federal court located
in San Mateo County, California. THE PARTIES EXPRESSLY WAIVE THEIR ANY
RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING.
In any legal action relating to the Site, the Terms of Use or your
relationship with Neurotone, the party that wins will be reimbursed by
the party that loses for all reasonable attorneys' fees and expenses,
including the cost of enforcing a judgment.
Neurotone may provide notices of significant changes to these Terms of
Service or other matters by displaying notices or links to notices
generally on the Site. Notices to you may also be made via either email
or regular mail.
If any provision of the Terms of Use is unlawful, void or unenforceable,
that provision will be deemed severable and will not affect the validity
and enforceability of any remaining provisions.
Failure by either party to exercise or enforce any right or provision of
these Terms of Use shall not constitute a waiver of such right or
provision by such party.