Contents of the Site, including but not limited to text, images, design, and organization, are protected under copyright, trademark, and other proprietary and intellectual property rights. Copying, reproduction, distribution, preparation of derivative works, publicly display, or publication by you of any such matters or any part of the Site, except as expressly allowed by this Agreement or another agreement between you and Nevro, is prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site.
“Nevro,” “Senza,” and any other names or images identifying Nevro Corp. or our products, including but not limited to the “Nevro” logo, are trademarks or registered trademarks of Nevro Corp. Other product and company names mentioned on the Site may be trademarks of their respective owners.
LIMITED LICENSE; PERMITTED USES
You are granted a non-exclusive, non-transferable, revocable license to access the Site via an industry-standard web browser (and not any scraping or crawling technologies) and use the Site strictly in accordance with this Agreement.
ALL INFORMATION, CONTENT, AND DOCUMENTS AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” NEVRO HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE EXPRESSLY EXCLUDED.
WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
LIMITATION OF LIABILITY
IN NO EVENT SHALL NEVRO OR ANY OF OUR CORPORATE AFFILIATES, SUBSIDIARIES, PARENT COMPANY, EMPLOYEES, OFFICERS, DIRECTORS OR OTHER REPRESENTATIVES (COLLECTIVELY, “AFFILIATED PARTIES”) BE LIABLE (i) FOR ANY LOSSES WHICH WERE NOT REASONABLY FORSEEABLE AT THE TIME OF ENTERING INTO THIS AGREEMENT, OR (ii) FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND, OR FOR LOST PROFITS OR SAVINGS, OR LOSS OF BUSINESS, ARISING OUT OF OR RELATED TO THIS AGREEMENT. THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF NEVRO OR OUR AFFILIATED PARTIES WERE ADVISED OR KNEW OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OR CAUSE OF ACTION, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY.
THE AGGREGATE LIABILITY OF NEVRO AND OUR AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THIS AGREEMENT SHALL NOT EXCEED U.S.$100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
You agree to indemnify, defend, and hold harmless Nevro Corp. and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) from any liability, loss, claim, and expense, including but not limited to reasonable attorney’s fees, related to or arising from your violation of this Agreement or use of the Site.
LINKS TO OTHER WEB SITES
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site and the contents and materials provided therein.
USE OF INFORMATION
GOVERNING LAW AND ARBITRATION
This Agreement and any dispute arising out of or relating to this Agreement (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction, and performance of this Agreement, by and under the laws of the State of California, United States of America, without giving effect to conflicts of law principles thereof and excluding the U.N. Convention on the International Sale of Goods.
Except as expressly provided, all Disputes shall be finally resolved by binding arbitration before three (3) arbitrators pursuant to the rules (“Rules”) and under the auspices of the International Center for Dispute Resolution (ICDR). In accordance with the Rules, each party shall select one arbitrator and the two arbitrators so selected shall select the third arbitrator. The arbitrators shall be knowledgeable in the chosen law. At either party’s request, the arbitrators shall give a written opinion stating the factual basis and legal reasoning for their decision. The arbitrators shall have the authority to determine issues of arbitrability and to award compensatory damages, but they shall not award punitive or exemplary damages. The parties, their representatives, and any other participants shall hold the existence, content, and result of arbitration in confidence. The arbitration proceedings shall be conducted in the English language and take place in San Francisco, California, or any other place on which all three arbitrators agree unanimously.
Notwithstanding the foregoing, Nevro may, at its sole discretion, seek preliminary judicial relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief). Also, the provisions of this section on Governing Law and Arbitration may be enforced by any court of competent jurisdiction.
If it is necessary for either party to retain the services of an attorney or attorneys to enforce the terms of this Agreement or to file an action to enforce any of the terms, conditions or rights contained herein, or to defend any action, then the prevailing party in any such action will be entitled to recover from the other party its reasonable fees for attorneys and expert witnesses, plus such court costs and expenses as may be fixed by any arbitration panel or court of competent jurisdiction.
If any provision of the Agreement shall be unlawful, void, or for an reason unenforceable, then that provisions shall be deemed severable from the Agreement and shall not affect the validity or enforceability of any remaining provision.
MODIFICATION AND TERMINATION
This Agreement is effective until modified or terminated by Nevro. Nevro may modify this Agreement from time to time, and the new Agreement will be effective when it is posted. Nevro may also terminate this Agreement at any time without notice to you. In the event of termination, you shall no longer have access to the Site. The restrictions relating to printing contents from the Site, the disclaimers and limitations of liability set forth in this Agreement shall survive its termination.