Last Modified: 06/10/2015

Acceptance of the Terms and Conditions
Welcome to www.evokeneuroscience.com, a website operated by Evoke Neuroscience, Inc. (“Evoke Neuroscience”, “we” or “us“). Your access to this website and any of the content, services or products offered on this website is subject to the following terms and conditions. By accessing or using this website, you agree that you have read, understand, and agree to be bound to these terms and conditions, as they may be amended from time to time, as well as to the terms of our privacy policy, which is hereby incorporated into these terms and conditions. You are responsible for periodically reviewing these terms and conditions for applicable changes, and your continued use of this website after we have posted changes to these terms and conditions constitutes your acceptance to those changes. If you disagree with these terms and conditions (as they may be amended from time to time), or are dissatisfied with this website, your sole and exclusive remedy is to discontinue using this website.

DISCLAIMERS
You acknowledge and agree that:

1. Although we strive to provide on this website the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness, and suitability of any information contained in this website. Each person assumes full responsibility and all risks arising from use of this Internet site. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. Evoke Neuroscience reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.
2. EVOKE NEUROSCIENCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THIS WEBSITE. EVOKE NEUROSCIENCE HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL EVOKE NEUROSCIENCE BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS INTERNET SITE AND/OR THE INFORMATION OR CONTENT POSTED ON THIS WEBSITE, REGARDLESS OF WHETHER EVOKE NEUROSCIENCE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
3. Evoke Neuroscience is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness, and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this website, Evoke Neuroscience will not edit, censor, or otherwise control any content provided by third parties on any bulletin board, chat room, or other similar forums posted on its website. Such information should, therefore, be considered as suspect and is not endorsed by Evoke Neuroscience.
4. This website may contain forward-looking statements that reflect Evoke Neuroscience’s current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. 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 its products, regulatory approvals of pharmaceuticals, validity, and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. Evoke Neuroscience intends to update this site on a regular basis but assumes no obligation to update any of the content.

YOUR USE
You understand, acknowledge, and agree to the following:

1. You will not disrupt or intercept our electronic information posted on this website or on any of our servers. You will not to attempt to circumvent any security features of our website, and to abide by all applicable, local, state, federal and international laws, rules and regulations.
2. You grant to Evoke Neuroscience the right to use all content you upload or otherwise transmit to this website, subject to these terms and conditions and Evoke Neuroscience’s privacy policy in any manner Evoke Neuroscience chooses, including, but not limited, to copying, displaying, performing, or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
3. Except as expressly stated and agreed upon in advance by Evoke Neuroscience, no confidential relationship shall be established in the event that any user of this website should make any oral, written or electronic communication to Evoke Neuroscience (such as feedback, questions, comments, suggestions, ideas, etc.). If we require or request any personal information in order for you any portion of this website we will obtain, use and maintain such personal information in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Evoke Neuroscience shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. You are fully responsible for any content you send us, including the truthfulness and accuracy of such content and its non-infringement of any other person’s proprietary or privacy rights.

INTELLECTUAL PROPERTY
The trademarks, service marks, trade names, trade dress, and products used or listed on this website are protected in the United States and internationally. No use of any of these may be made without our prior, written authorization, except to properly identify the products or services of the company.

DISCLAIMERS/LIMITATION OF LIABILITY
Evoke Neuroscience does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, this website. Reliance on these materials, information and opinions is solely at your own risk. Evoke Neuroscience disclaims any liability for injury or damages resulting from the use of this website, or the content contained thereon.

THIS EVOKE NEUROSCIENCE WEBSITE, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. IN NO EVENT SHALL EVOKE NEUROSCIENCE, OR ITS SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS (HEREINAFTER “EVOKE NEUROSCIENCE PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE, THE CONTENT, ANY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THIS WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY EVOKE NEUROSCIENCE AND WHETHER OR NOT EVOKE NEUROSCIENCE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not allow the limitation of liability, so this provision may not apply to you.

PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO THIS AND OTHER WEBSITES, PRODUCTS AND SERVICES OFFERED, OWNED OR OPERATED BY EVOKE NEUROSCIENCE.

GENERAL
You agree that these terms and conditions describe the entire agreement between us with respect to its subject matter. The laws of the state of New York will control the terms and conditions provided in these terms and conditions, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of these terms and conditions is invalid or unenforceable, you agree that the other provisions of these terms and conditions will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to evokeneuroscience.com or these terms and conditions more than one (1) year after such claim or cause of action arose. No waiver of by us of any term or condition set forth in these terms and conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these terms and conditions does not constitute a waiver of such right or provision.

If any provision of these terms and conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision must be eliminated or limited to the minimum extent such that the remaining provisions of the terms and conditions will continue in full force and effect. These terms and conditions and our Privacy Policy constitute the sole and entire agreement between you and Evoke Neuroscience with respect to the website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the website. This website is operated by Evoke Neuroscience, Inc., 1115 Broadway, 12th Floor, New York, NY 10010.

Please direct your feedback, comments, requests for technical support and other communications relating to the website to: info@evokeneuroscience.com.