Nevro Corp. - EN - Terms of Use

Terms Of Use

These Terms of Use (“Terms”) apply to all contents available within the domain www.HF10.com, and any other domain to which these Terms are linked (individually and collectively, the “Site”), operated by Nevro Corp. (hereinafter “Nevro,” “we,” or “us”). The terms "you" and "your" mean you personally (the individual who reads and agrees to be bound by these Terms) on behalf yourself and any entity you represent. By using or accessing the Site, you agree to comply with these Terms and are entering into an agreement with us based on these Terms. If you do not agree with or do not consent to these Terms, immediately exit and cease use of the Site. Nevro may revise and update these Terms at any time by posting the amended Terms to the Site. Your continued use of the Site means that you accept and agree to the revised Terms. THESE TERMS CONTAIN A JURY TRIAL WAIVER BELOW.

No Medical Advice

Neither Nevro Nor Any Affiliated Parties Are Engaged In Rendering Medical Advice, Diagnosis, Treatment Or Other Medical Services That In Any Way Create A Physician-patient Relationship Through This Site. You Should Promptly Seek The Advice Of A Physician For Medical Treatment Or In The Event Of An Emergency.

Intellectual Property

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 these Terms 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,” “Omnia,” 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.

Agent For Notice Of Copyright Infringement

If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify Nevro by providing our copyright agent with the following in writing:

  • Identification of the copyrighted work that you claim has been infringed;
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Nevro to locate the material;
  • Your name, address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is infringing and not ized; and
  • A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are ized to act on the copyright owner's behalf.
  • The electronic or physical signature of the copyright owner or a person ized to act on the copyright owner’s behalf.

To submit a notification of claimed infringement, please contact Nevro's Designated Agent at the following address:

Nevro Corp.
Attn: Legal Department
1800 Bridge Pkwy
Redwood City, CA 94065
Email: legal@apbinhao.com

Limited License; Permitted Uses

You are granted a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access the Site via an industry-standard web browser (and not any automated retrieval or crawling technologies) and use the Site strictly in accordance with these Terms. You are not permitted to create any links to this Site or any content on the Site without our express written permission.

Disclaimer

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, Fitness For A Particular Purpose, Title And Non-infringement, Usage Of Trade, Or Course Of Dealing Are Expressly Excluded.

Foreward Looking Statements

This Site may contain forward-looking statements regarding future events, financial results, and business development of Nevro. The forward-looking statements involve risk and uncertainty. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of Nevro's products, regulatory approvals of products, validity and enforcement of Nevro's patents, the stability of Nevro's commercial relationships, and the general economic conditions. Nevro intends to update this site on a regular basis but assumes no obligation to update any of the content.

Limitation Of Liability

In No Event Shall Nevro Or Any Of Our Corporate Affiliates, Subsidiaries, Parent Company, Employees, Officers, Directors, Agents, Subcontractors, Sucessors, Assigns, Third Party Suppliers Of Information And Documents, Attorneys, Advertisers, Product And Service Providers, Or Other Representatives (collectively, “affiliated Parties”) Be Liable To You Or Any Third Party For (i) Any Losses Which Were Not Reasonably Forseeable At The Time Of Entering Into This Agreement, Or (ii) Any Indirect, Special, Incidental, Punitive, Consequential Damages, Or Damages For Loss Of Business, Loss Of Profits, Loss Of Data, Or The Like, Arising Out Of Or Related To These Terms Or Your Use Of The Site Or Our Relationship With You, 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 Aggregate Liability Of Nevro And Our Affiliated Parties In Connection With Any Claim Arising Out Of Or Relating To The Site And/or These Terms 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 Parties. 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. The Foregoing Limits Of Liability Shall Only Apply To The Extent Not Prohibited By Applicable Law, And Shall Be Conformed To Applicable Law.

Indemnification

You agree to indemnify, defend, and hold harmless Nevro and 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 these Terms or use of the Site.

Links To Other Web Sites

The Site may contain links to web sites which are controlled and operated by third parties. Your use of any third party web site is subject to the terms of use and other guidelines, if any, of the relevant web site. Nevro is not responsible for your use of third party web sites, or the content, accuracy, or opinions expressed in third party web sites. Inclusion of any linked web site on our Site does not imply our approval or endorsement of the linked web site. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

Legal Compliance

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

We reserve the right and you hereby ize us to use all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. For all remarks, suggestions, ideas, graphics, or other information communicated by you to us via the Site (collectively, a “Submission”), you hereby grant to Nevro a perpetual, worldwide, royalty-free, non-exclusive, transferable license, with the right to sublicense, to use and exploit such Submissions. We will not be required to treat any Submission, in whole or in part, as confidential, will not be liable for any ideas (including without limitation, product, service or advertising ideas), and will not incur any liability as a result of any similarities that may appear in our future products, services, or operations.

Governing Law; Jury Trial Waiver

These Terms and any dispute arising out of or relating to these Terms (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction, and performance of these Terms, 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.

Be Accessing This Site You Hereby Agree To A Waiver Of A Jury In Any Dispute Between You And Nevro And/or Any Affiliated Entities.

Product Labeling

Unless otherwise noted, product names, descriptions and labeling are of U.S. origin. Nevro provided products may not be available in all countries or may be available under a different brand name or for different indications.

Severability

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

These Terms are effective until modified or terminated by Nevro. Nevro may modify these Terms from time to time, and the new Agreement will be effective when it is posted. Nevro may also terminate these Terms 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 these Terms shall survive its termination.