TERMS OF USE

Neubrain, LLC ("Neubrain") currently provides information through this Website free of charge to you under the terms and conditions set forth here ("Terms of Use"). BY ACCESSING OR VIEWING THIS WEBSITE, YOU AGREE TO ABIDE BY THE TERMS OF USE, WHICH CONSTITUTE A CONTRACT BETWEEN US.

Information provided to the Website by Neubrain’s vendors, affiliates, or partners (each a “Third Party”) may be subject to separate terms of use displayed on the Third Party’s website. You should review and accept their terms of use before accessing their content or websites.

Neubrain may, in its sole discretion, and without prior notice or liability, terminate, modify or add to this Website at any time.

Neubrain may in its sole discretion, change the Terms of Use, in whole or in part, at any time. We will notify you if we change the Terms of Use, and you should review the changed Terms of Use before continuing to access the Website. Your continued use of this Website after any such change will constitute your acceptance of the Terms of Use as changed.

Neubrain reserves the right, in its sole discretion, and without prior notice or liability, to limit or terminate your access to this Website and you agree to abide by such limit or termination.

GRANT OF LICENSE

Subject to these Terms of Use, Neubrain grants you a non-exclusive, non-transferable, limited, revocable license to access, use and privately display this Website for the purpose of identifying products and services for your personal or internal business needs. You may view, download, print and retain a copy of pages of the Website only for those purposes. All rights not expressly granted herein are reserved to Neubrain.

Any other use of this Website is expressly prohibited and constitutes a material breach of contract. See “Limitations on Use” below.

LIMITATIONS ON USE; PROHIBITIONS

No disclosure of information to third parties. The information on the Website that is available only to registered users is proprietary to Neubrain and Third Parties, and is provided to you only for the limited purposes stated above. It is not public information in the public domain. You may disclose the information only to your advisers and employees and contractors engaged in your business with a “need to know” the information, only for the permitted purposes. All others must access the Website and consent to the Terms of Use in order to view information on the Website.

No distribution. Except as expressly provided above, you shall not resell or distribute to any third party, directly or indirectly, any portion of this Website, any information displayed on this Website, the services offered on this Website, or access to this Website, without Neubrain’s prior written consent.

No modification. You shall not modify, add or delete any content on this Website without the express written permission of Neubrain. You shall not interrupt or attempt to interrupt the operation of this Website or access thereto by other users.

No misrepresentation. You shall not use a false email address, impersonate any person or entity, or otherwise mislead as to the source of the information you provide to this Website.

No unlawful or injurious information. You shall not provide any information on this Website that, to your knowledge is false or misleading, illegal, obscene, threatening, defamatory, invasive of privacy, infringing on the rights of, or otherwise injurious to person or property, including, without limitation, software viruses, worms, Trojan horses or other malicious computer code.

Compliance with laws and export regulation. You shall use this Website and its content only in compliance with all applicable laws, statutes, ordinances and regulations of any governmental authority with jurisdiction. The United States export control laws regulate the export and re-export of technology originating in the United States, including the electronic transmission of information and software to certain foreign countries and foreign nationals.

OWNERSHIP AND PROPRIETARY RIGHTS IN INTELLECTUAL PROPERTY

This Website and all content displayed on the Website is the intellectual property of Neubrain or its affiliates. The method of operation of this Website and/or the business methods employed are proprietary information and protected by copyright. Copying any aspect of the Website or information displayed hereon for anything other than a permitted purpose may subject you to injunction, monetary damages, statutory penalties and other legal and equitable claims.

Neubrain owns the trademarks and service marks listed below. You shall not use Neubrain's name or any of its trademarks or service marks without the express written consent of Neubrain, even in meta tags or other hidden text on a web page.

  • Neubrain™
  • Neubrain Impact Value Result Methodology (IVR Methodology)™
  • Neubrain Government Comptroller Toolkit™

To obtain permission to reprint or reproduce any materials on the Website, fill out the “Contact Us” form at http://info.neubrain.com/contact-us.

The information Neubrain has about its users, including, without limitation, names, email addresses, usernames, passwords, site usage history, purchases and the like, is confidential, proprietary information protected as trade secrets, and governed by its Privacy Policy, which you may review separately on the Website.

DISCLAIMER OF WARRANTY; LIMITATIONS ON DAMAGES

Technical data and information contained on this Website have been derived from information supplied by the respective manufacturers of the products described. Although we believe that the information supplied is generally correct, we do not assume any responsibility whatsoever for its accuracy. The data and information are intended for use by persons possessing technical skill and knowledge. You use the information at your own risk, and without warranty of any kind. We disclaim all liability for results obtained or loss or damage incurred as a result of your application of the information presented. We disclaim all warranties regarding claims of infringement of intellectual property by third parties.

THIS SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND NEUBRAIN SPECIFICALLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INLCUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIEVERED INFORMATION GIVEN BY NEUBRAIN OR ITS AFFILIATES, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE, SHALL CREATE ANY WARRANTY. USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

IN NO EVENT SHALL NEUBRAIN BE LIABLE FOR ANY INJURY, EXPENSES, LOST PROFITS, LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL, OR ANY OTHER PECUNIARY LOSS OR EXPENSE ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. IN THOSE STATES NEUBRAIN’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

If the above disclaimers are for any reason disregarded or unenforceable, then Neubrain’s total liability to you shall not exceed $100, regardless of the claim for damages.

INDEMNIFICATION

You shall indemnify and hold Neubrain and, where applicable, its parent, subsidiaries, officers, directors, agents, employees, and affiliates harmless from any claim or demand, including reasonable attorney's fees, made by any third party arising out of or related in any way to your access, inability to access, or use of this Website, or any breach by you of the Terms of Use.

LINKS TO THIS WEBSITE

You may link to the Website from your website only with Neubrain’s prior written permission and approval of the manner in which you use Neubrain’s name and trademarks. You may not misrepresent your relationship to Neubrain or its affiliates or portray Neubrain or its services in a false, misleading, derogatory or offensive manner. Your linking site must not contain anything illegal, false, misleading, derogatory or offensive. Neubrain may revoke its consent to your linking to the Website at any time, and you shall remove the link promptly upon receipt of notice.

LINKS TO THIRD PARTY SITES/EMAIL

As a convenience to you, Neubrain may provide on this Website links to third party websites. Neubrain makes no endorsement of such third parties, nor any representation or warranty regarding anything that takes place between you and any third parties.

INTERNATIONAL USERS

This Website is controlled, operated and administered by Neubrain from within the United States. Neubrain makes no representation that this Website is available for access or use outside the U.S. Access to this Website is expressly prohibited from territories where this Website or any portion thereof is illegal. You agree not to access or use any information or materials on the Website in violation of U.S. export laws and regulations, or in violation of any laws or regulations in the country from which you are accessing this Website.

COPYRIGHT

Neubrain claims a copyright in this Website, each page and the content on the Website, including, without limitation, the catalog as a whole and all search forms, excepting individual item catalog information in the form provided to Neubrain by third parties, which is the property of the manufacturers providing such information, all of which is protected by United States and international copyright laws. No portion of this Website or the Website as a whole may be copied, retransmitted, reposted, duplicated or otherwise used except in compliance with the Terms of Use or with the express written permission of Neubrain, LLC.

CLAIMS OF COPYRIGHT INFRINGEMENT BY NEUBRAIN

To notify Neubrain of alleged copyright infringement by any material on the Website, please be sure to provide the following information in the form required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 USC §512:

  1. 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. 2. A description of the copyrighted work claimed to be infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  3. 3. A description of material that is claimed to be infringing 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;
  4. 4. Information reasonably sufficient to permit us to contact you, the complaining party, such as an address, telephone number, and/or an email address;
  5. 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
  6. 6. A statement by you that the information in the notification is accurate, and under penalty of perjury, that the complaining party has the authority to enforce the copyrights that are claimed to be infringed.
  7. 7. Neubrain's Copyright Agent for notice of claims of copyright infringement on or regarding this Website under 17 U.S.C. §512 can be reached as follows:

Administrator
Neubrain, LLC
301-296-4477

Neubrain will investigate your complaint and respond to you promptly. Any dispute that arises between us shall be resolved in the manner set forth in the Terms of Use.

PRIVACY POLICY: In the Neubrain Privacy Policy, Posted on the Website, we describe what information we gather from users, what we use the information for, and how you can instruct us to limit the use of information about you. Click here to view our Privacy Policy.

COPPA: This Website, our products and our services are not designed for or directed to children under the age of 13. We do not intentionally collect or maintain information about any user who to our knowledge is under the age of 13.

CHOICE OF LAW/JURISDICTION: The validity, construction and your compliance with the Term of Use shall be governed by and construed in accordance with the laws of the State of Maryland, excepting its choice of law rules if the application of such rules would result in the laws of another jurisdiction being applied.

DISPUTES: Contact us immediately if you have any dispute with us regarding this Website. Any dispute between you and Neubrain arising out of the Website shall initially be addressed privately between us, through confidential negotiations, which shall be treated as compromise and settlement negotiations under the rules of evidence. If a dispute has not been resolved within thirty (30) days of a written request for negotiation, the complaining parties shall initiate mediation administered by the American Arbitration Association under its Commercial Mediation Rules. A neutral third party will be selected in accordance with the selection process in those rules and for sixty (60) days, no other procedure shall be initiated to resolve the dispute. If the dispute is still not resolved within sixty (60) days after a party seeks to initiate mediation, either party may demand arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof as described in the following paragraph.

Any dispute between you and Neubrain described in the previous paragraph shall be negotiated, mediated, or arbitrated within 20 miles of Neubrain's corporate headquarters as of the date of the initiating party's written request for negotiation. You agree that any such body shall have personal jurisdiction over you for purposes of any such dispute. Judgment on the award rendered by the arbitrator may be entered only in a court in the State of Maryland. You agree that any such court shall have personal jurisdiction over you for purposes of enforcing any such judgment.

The cost of mediation and any subsequent arbitration as described above shall be split equally between you and Neubrain.

In any event, the sole jurisdiction and venue for any litigation arising from your use of the Website shall be an appropriate federal or state court located in the State of Maryland, and you hereby submit to the personal jurisdiction of these courts and consent to service of process at your principal place of business or residence, wherever located. In the event of litigation, the prevailing party shall be entitled to an award of costs and attorney’s fees in addition to any remedy available at law or equity.