Last Updated on February 12, 2018
Quell® and its related services are offered to you by NeuroMetrix, Inc. (“NeuroMetrix”) 1000 Winter Street, Waltham, MA, 02451.
2. End User License Agreement
The use of the App and any embedded software is governed by the following end user license agreement. By downloading and using the App, you acknowledge that this end user license agreement is between you and NeuroMetrix, not Apple and Google, and that NeuroMetrix, not Apple and Google, is solely responsible for the App.
Modification: NeuroMetrix reserves the right, at any time, to modify, suspend, or discontinue the Quell Services or the App or any part thereof with or without notice. In the future we may offer additional services, features, functionalities and in-App purchases. You agree that NeuroMetrix will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Quell Services or the App or any part thereof.
3. Additional Mobile Application Terms:
Mobile Application Warranty: NeuroMetrix is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify the Application Store, and the Application Store may refund the purchase price of the App to you; and to the maximum extent permitted by applicable law, Apple or Google will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be NeuroMetrix ‘s sole responsibility.
Mobile Application Product Claims: NeuroMetrix and you acknowledge that NeuroMetrix, not Apple or Google, is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: NeuroMetrix and you acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, NeuroMetrix, not Apple Or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Developer Name and Address: NeuroMetrix’s contact information for any end-user questions, complaints or claims with respect to the App is 1000 Winter Street, Waltham, MA, 02451.
4. Modification of Terms
ALL INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE THE QUELL SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE”. NEUROMETRIX EXPRESSLY DISCLAIMS TO THE EXTENT PERMITTED BY LAW ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR AS TO THE OPERATION OF THE QUELL SERVICES, OR THE CONTENT OR USER CONTENT OF THE QUELL SERVICES. NeuroMetrix does not make any representations that (i) the Quell Services will meet your requirements, (ii) the Quell Services will be uninterrupted, timely, secure, or error free (iii) the results that may be obtained from the use of the Quell Services (including any information and materials on the Websites) will be correct, complete, accurate, reliable, or otherwise meet your requirements. NeuroMetrix has no liability for interruptions or omissions in Internet, network or hosting services. NeuroMetrix does not warrant that the Quell Services or the services which make the Quell Services available or electronic communications sent by NeuroMetrix are free from viruses or any other harmful elements. Any material downloaded through the use of the Quell Services is done at your own discretion and risk. You alone are responsible for any damage to your computer or loss of data that occurs from the download of any such material.
We are not an investment advisor. No part of the Websites or the Quell Services is intended to constitute investment advice.
7. Who Can Use Quell?
You may use the Quell Services if you are 18 years of age or older or under parental or legal guardian supervision and not barred from receiving services under applicable law.
8. Optional Equipment
While not required for pain relief, some functionality of the Quell Services is dependent upon your use of a supported mobile device. The maintenance and security of this equipment may influence the performance of the Quell Services and it is your responsibility to ensure the equipment’s functionality.
9. Acceptable Use Policy
By submitting any content to the Quell Services, you agree that the material will be constructive relevant and consistent with the intended use of the Quell Services. The content will not contain any item that may be unlawful or unfit for publication, including but not limited to items that (1) may be libelous, defamatory or injurious to another person or entity, (2) may cause harm to any person or property or otherwise defame or harass any person or organization, (3) may violate any legal rights of any person (including right to privacy or publicity), (4) are pornographic, obscene, profane, vulgar, indecent, or threatening, (5) are culturally, ethnically, or otherwise objectionable, or (6) suggest or encourage any illegal activity.
You will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any content to the Websites. You also will not post chain letters, pyramid schemes, surveys or solicitations through the Websites. You will not forge headers or manipulate identifies or other data in order to disguise the origin of any content transmitted through the Websites or to manipulate your presence on the Websites. You will not interfere with or disrupt our Websites, servers, networks or the Quell. You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
You agree, represent and warrant that any content submitted to the Websites does not infringe any proprietary right of another, such as but not limited to copyrights, trademarks or patents, or any confidentiality obligation.
You acknowledge and agree that any of your ideas, submissions or discussions or any other self-produced content provided by you within the Websites that is not the subject of intellectual property right protection may be used by any other user without compensation or attribution. NeuroMetrix is not obligated to monitor or enforce any intellectual property right of yours.
You hereby grant to NeuroMetrix a worldwide, irrevocable, royalty free, non-exclusive, and transferable license to use, reproduce, prepare derivative works of, distribute, publicly perform, publicly display, transmit and publish self-produced content, on the Websites or in other NeuroMetrix marketing or public relations materials.
You alone are responsible for your own content and the consequences of posting submitting and/or publishing it. NeuroMetrix may, but is not obligated to, review and monitor, before and/or after submitting any content you produce. However, you acknowledge that it is impossible for us to monitor or review all user content. Without limitation, NeuroMetrix will not and cannot be held responsible for the accuracy, completeness, quality or validity of self-produced content posted by third parties on the website.
NeuroMetrix does not endorse any self-produced content or any opinion, recommendation, or advice expressed therein, and NeuroMetrix expressly disclaims any and all liability in connection with user content.
10. Use of the Quell Services At Your Own Risk
Our goal is to share helpful and accurate information through the Quell Services, but we make no endorsement, representation or warranty of any kind about any of the Quell content, information service or recommendations. We are not responsible for the accuracy, reliability, effectiveness, or correct use of the information you receive through the Quell Services.
11. Consult Your Doctor if you have Concerns Regarding the Quell Services
Quell is a FDA cleared medical device for treatment of chronic pain. THE INFORMATION PROVIDED BY THE QUELL SERVICES IS NOT INTENDED TO DIAGNOSE, CURE OR PREVENT ANY DISEASE. IF YOU EXPERIENCE A MEDICAL EMERGENCY, STOP USING THE QUELL SERVICES AND CONSULT A MEDICAL PROFESSIONAL. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911.
12. Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE QUELL SERVICES, THE WEBSITES CONTENT OR ANY SELF-PRODUCED CONTENT, EVEN IF NEUROMETRIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE AS A RESULT OF FRAUD OR FRAUDULENT MISREPRESENTATION ON THE PART OF NEUROMETRIX.
If you live in a country or state that does not allow any of the above exclusions or limitations of liability or any of the disclaimers of warranties in Section 6 above, such exclusions or limitations will not apply to you but only to the extent such exclusions or limitations are not allowed. In such case, such exclusions or limitations shall be limited to the greatest extent permitted by applicable law.
13. Third Party Content/Software
NeuroMetrix is not responsible for the content of any site, app, services and resources (collectively called “third party resources”) owned by a third party that may be linked to the Quell Services. Any link on the Websites or the App to another site is not an endorsement of such other site. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which we may link, and we take no responsibility for it.
Any software made available for download from or through the Quell Services is licensed subject to the terms of any applicable license agreement. Except as specified in the license agreement, the software is made available for use by end users only. Any further copying, reproduction or redistribution of the software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SPECIFIED IN THE APPLICABLE LICENSE AGREEMENT. NEUROMETRIX HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.
14. Copyright and Trademarks
Copyright and all other proprietary rights in content provided by NeuroMetrix, the software to operate and manage the Quell Services, the compilation of data on the Quell Services, and the order, sequence and arrangement of the Websites, all belong to NeuroMetrix.
NEUROMETRIX, Quell and all other registered trademarks of NeuroMetrix are important assets of the company. Proper use of these trademarks is important and you should follow the instructions of NeuroMetrix when referencing our company’s products and services.
The use and registration of the NeuroMetrix and Quell name is exclusively reserved to our company. You may not register nor use a company name, statutory name, trade name, domain name or other name, indication or description, of which the NeuroMetrix or Quell name or any name similar to it or any name which consists of a part of the NeuroMetrix name forms part nor shall it include any other registered trademark owned by NeuroMetrix.
15. Proprietary Rights in the Websites
The Websites are public by nature and any information submitted on them shall be deemed non-confidential. You acknowledge that submission of any inventions embodied in any self-submitted content provided by you shall constitute a public disclosure or “publication” of such invention under applicable patent laws.
You acknowledge that any self-produced content disclosed and/or discussed on the website may be made the subject of patents, copyrights, trademarks and other intellectual property rights of NeuroMetrix. If you consider using any ideas, proposals, suggestions, improvements, solutions or other self-produced content submitted to the website, you are responsible to undertake appropriate intellectual property clearance before engaging in any such use.
16. Creating an Account
Some aspects of the Quell Services require that you set up an account including your email address and a strong password. You are responsible for all activity that occurs in association with your account. NeuroMetrix is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.
17. Additional Policies Apply to Product Orders
NeuroMetrix’s terms of sale, return policy and warranty apply to purchases made on the Quell Relief Store. All orders placed are subject to NeuroMetrix’s acceptance. We may accept, decline or place limits on an order for any reason.
18. Contests and Giveaways
Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by NeuroMetrix and its partners. It is your responsibility to carefully review those terms and conditions.
19. You Agree to Receive Alerts and Notifications
As part of your use of the Quell Services, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
If you violate these Terms, we reserve the right to deactivate your account, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete your content and other information related to your account. You may cancel your account at any time by contacting Customer Support at 1-800-204-6577 or CustomerCare@QuellRelief.com
21. U.S. Copyright Infringement Claims
If you know or suspect that any of the materials on the Websites (including but not limited to materials posted by other users) have been used or copied in a way that constitutes copyright infringement, please send notice to NeuroMetrix, including the following, to the extent available:
•A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
•Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
•Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
•Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
•A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
•A statement that the information in the notification is accurate to the best of your knowledge and submitted in good faith.
22. Indemnification and Release
You agree to indemnify and hold harmless NeuroMetrix and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and litigation costs) that arise out of or in any way connected with (i) your access to or use of the Quell Services, (ii) your content, or (iii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. In the event of any complaint or legal action arising from any message, or any other self-produced content posted by you, NeuroMetrix reserves the right to reveal your identity and any other information NeuroMetrix may have about you.
If you have a dispute with one or more users, you release NeuroMetrix and their officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
23. Changes to the Quell Services
NeuroMetrix may change or discontinue, temporarily or permanently, any feature or component of the Quell Services at any time without notice. NeuroMetrix is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Quell Services. We will have no responsibility to store or delete any content and/or self-produced content submitted to the Websites. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Quell products without prior notice to you.
24. NeuroMetrix Products
The Quell Services may contain references to specific NeuroMetrix products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.
25. Dispute Resolution
27. No Waiver