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TERMS OF USE

GrayMatters health Header

October 2023

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Welcome to GrayMatters Health, a website available at www.graymatters-health.com (the “Website”). The Website is owned and operated by GrayMatters Health (“Company” or “we”, “us”, “our”).

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GrayMatters Health was founded to give an adjunctive treatment of symptoms associated with posttraumatic stress disorder (PTSD). The Website is intended to provide you with further information regarding our product, Prism for PTSD, a neurofeedback software device intended for relaxation and stress reduction through the use of EEG biofeedback.  

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Please carefully read the following Terms of Use and the Privacy Policy incorporated into them (the "Terms"). By using or accessing the Website, you agree to be bound by the Terms. If you do not agree to the Terms, you may not use the Website in any way.

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You may not use the Website in any way if you are under the age of 18.

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About the Website

Our Website includes the following content:

  • Information about us and our activity.

  • Information about our medical device for the treatment of PTSD.

  • Journalistic publications, FDA clearance and news and events (together: "Publications")

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All sections of the Website are publicly accessible to all users visiting our Website (“Website Visitors”).

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Publications

Our Website contains Publications from medical journals. The Publications are intended to assist you to have a better understanding of EFP technology.

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Those publications are merely informational, and you should read them at your own discretion. You may not, in any circumstance, consider them to be professional advice or to a substitute for professional guidance. Although we make efforts to provide accurate and reliable content, we will not be liable for any damage that may occur as a result of your reliance on the content of the publications.

 

Website use and restrictions

Subject to these Terms, you may access and view the content available on the Website, free of charge. Use of the website does not require prior registration.

 

You are solely responsible for all acts and omissions associated with your access to and use of the Website.

When using the Website, you must refrain from –

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  • Violating any rules, guidelines or instructions that we may convey with respect to the Website;

  • Interfering with or disrupting the functionality of the Website;

  • Breaching the security of the Website or identifying any security vulnerabilities in it;

  • Circumventing or manipulating the operation or functionality of the Website, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented on the Website;

  • Sending automated or machine generated queries;

  • Using robots, crawlers and similar applications to scrape, harvest, collect or compile content from the Website;

  • Submitting false, inaccurate, deceptive or misleading content;

  • Displaying the Website or any part thereof in an exposed or concealed frame, or linking to content on the Website, independently from the manner in which they originally appear;

  • Impersonating any person or entity, or making any false statement pertaining to your identity;

  • Collecting or processing personal information about Website Visitors;

  • Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing securities or privacy.

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We may employ technological measures to detect and prevent fraudulent or abusive use of the Website. We may block your access to and use of the Website, without prior notice, if we, in our sole discretion, believe that you are misusing the Website.

 

Content

We allow you to comment on Publications. When you comment, you may submit free text, pictures and videos. You are solely responsible for any and all content and materials you submit to us when contacting us through the contact form. Your content may not, in any way:

  • be false or misleading;

  • infringe the proprietary rights of others, including copyrights, trademarks and trade secrets;

  • include software viruses, spyware or any other malicious applications;

  • include pornographic or sexually explicit content;

  • identify minors, their personal details or their address and ways of contacting them;

  • be defamatory or harm an individual’s good name;

  • harm an individual’s privacy or personally identify an individual without obtaining said individual’s prior consent;

  • be illegal or violate any regulatory guidelines or court orders; or

  • be threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable.

 

Links to other websites

Our Website may include links to other websites. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. We are not responsible or liable for the accuracy of these other websites or their content. We will not be liable for any direct or indirect damage incurred to you as a result of using or relying on the content of those websites.

 

Your privacy

We respect your privacy. Our Privacy Policy [add link], which is incorporated to these Terms by reference, explains the privacy practices on the Website.

 

Intellectual property

We, our licensors, and the authors of the publications own all rights, title and interest in and to the Website and the content therein, including copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith.

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You may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Website or the Publications, any part thereof or any other content on the Website, either by yourself or by a third party on your behalf, in any way or by any means.

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You may not use any name, mark, logo or domain name that is similar to our marks, logos and Internet domain names. You must refrain from any action or omission that may dilute, or damage our goodwill.

 

Changes on the Website; Discontinuation

We may, at any time and without prior notice, change the layout, design, scope, features or availability of the Website.

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Such changes, by their nature, may cause inconvenience or even malfunctions. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.

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We may, at any time and in our sole discretion, discontinue or terminate the operation of the Website, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you. We may also suspend the operation of the Website, in whole, or in part, for all users, or for certain users, for periodic maintenance or similar purposes, without any liability to you.

 

Changes to the Terms

From time to time, we may change the Terms. Your continued use of the Website after the effective date of the amended Terms constitutes your consent to the amended Terms. The latest version of the Terms will always be accessible on the Website.

 

Disclaimer of Warranty

THE WEBSITE IS PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ADVISORS, CONSULTANTS, SUBCONTRACTORS AND ASSIGNEES (COLLECTIVELY, OUR “STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, THE PUBLICATIONS AND ALL OTHER CONTENT AND MATERIALS POSTED ON THE WEBSITE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRECTNESS, LEGAL COMPLIANCE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, AVAILABILITY, SAFETY, SECURITY OR ACCURACY. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE WEBSITE IS ENTIRELY, OR TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS.

 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE CONTENT, THE USE OF, OR THE INABILITY TO USE THE WEBSITE OR THE MATERIALS PRESENTED ON IT, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE WEBSITE, OR FROM YOUR RELIANCE ON THE CONTENT OR MATERIALS PRESENTED ON THE WEBSITE.

 

Governing Law and Dispute Resolution 

Regardless of your place of residence or where you access or use the Website from, these Terms and your use of the Website will be exclusively governed by and construed in accordance with the laws of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than this of the laws of Israel.

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Any dispute, controversy or claim which may arise out of or in connection with these Terms or the Website, shall be submitted to the sole and exclusive jurisdiction and venue of the competent courts located in the District of Haifa, Israel.

 

General

Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.

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These Terms constitute the entire agreement between you and us concerning the subject matter herein, and they supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.

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These Terms may only be modified by written amendment duly executed by us. No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by us, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative.

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Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.

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Please note that the use of the GrayMatters Health App is subject to different terms of use and privacy policy. When using the App, you are solely responsible for reading, understanding and adhering to the App’s terms of use and privacy policy.

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You may not assign or transfer your rights and obligations under the Terms without our prior written consent. Any attempted or actual assignment by you, without our prior written consent, shall be null and void. Notwithstanding the provisions of applicable law, we may assign these Terms in their entirety, including all rights, duties, liabilities, performance and obligations therein, upon notice to you and without obtaining your further specific consent, to a third-party. By virtue of such assignment, the assignee assumes our stead, and we are released from all right, duties, liabilities, performance and obligations.

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If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court or arbitration tribunal, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.

 

Contact Us

You may contact us with any questions or comments, at: support@graymatters-health.com.

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