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Helius supports freedom of speech, both on and off the Internet. To ensure a safe, unobjectionable environment for all of our internet users, we have established our Terms of Use. It spells out what you can expect from us and what we expect from you. By accessing any areas of this site, users (“Users”) agree to be legally bound and to abide by these Terms and Conditions relating to its use. This site is owned and operated by Helius Medical Technologies (“Helius”, “HMT” or “Company”). Any references herein to this site shall be deemed to refer to Helius, as applicable under the circumstances.

I. Trademarks

Helius Medical Technologies is a trademark of Company, or is licensed to the Company, or its affiliates. All rights reserved. These and other graphics, logos and service marks are trademarks of Company and its affiliates and may not be used without prior written consent of Company or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on this site are the property of their respective owners.

II. Regulatory Disclaimer

The Portable Neuromodulation Stimulator (PoNS™) device is not commercially available in the United States (US) or Canada. Helius Medical Technologies plans to study the device in the US for mild-to-moderate traumatic brain injury (mTBI) and is currently studying the device in Canada for multiple sclerosis (MS). HMT intends to use the results for the planned mTBI study to support an application for commercial distribution clearance with the U.S. FDA, in the second half of 2016.

III. Website Content

A. Proprietary Rights

User acknowledges that this site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively referred to as “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Company owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, User may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

B. Distribution/ Uploading of Third-Party Content

Except as set forth above, User may upload to or otherwise distribute only Content that is not subject to any copyright or other proprietary rights protection (collectively, Public Content), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phase such as “Copyright owned by [name of owner]; used by permission.” User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither Company, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to Company at the following email address: privacy@heliusmedical.com By submitting Content to any areas on the site, including without limitation any emails, product reviews or participation in any chat rooms, User automatically grants, or warrants, that the owner of such Content has expressly granted Company the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User’s personal use. Subject to this grant, the owner of Content placed on this site retains any and all rights which may exist in such Content. User agrees not to upload files that contain viruses, corrupted files, or any other similar software or programs that may damage or in any way detrimentally impact the operation of any computer, software or web site. User further agrees not to: (a) conduct or forward chain letters or pyramid schemes; (b) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; (c) falsify or delete any Content or any information or material contained in a file that is uploaded; or (d) do anything or omit to do anything which would restrict or inhibit any other User from using and enjoying any of the services, chat areas, news groups, forums, communities and/or other message or communication facilities on this site.

C. Third Party Content

Company is a distributor and not a publisher of Content supplied by third parties and Users. Company has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of this site, are those of the respective authors or distributors and not of Company or its affiliates or any of their officers, directors, employees or agents. Neither Company nor its affiliates, nor any of their officers, directors, employees or agents, nor any third party, including any Provider, or any other User of this site, guarantees the accuracy, completeness or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through this site represents the opinions and judgments of the respective Provider, or User not under contract with Company. Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on this site by anyone other than authorized Company employees. Under no circumstances shall Company, or its affiliates, or any of their officers, directors, employees or agents be liable for any loss, damage or harm caused by User’s reliance on information obtained through this site. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through this site. Advice received from this web site should not be relied upon for personal, medical, legal or financial decisions and User should consult an appropriate professional for specific advice tailored to the specific situation.

COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE.

D. Export

The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations, including but not limited to, the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any Content derived from this site to either a foreign national or a foreign destination in violation of such laws.

IV. Online Conduct

User agrees to use this site only for lawful purposes. User is prohibited from posting on or transmitting through this site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.

If Company is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by User (e.g., through an online review, email, chat room or other means), Company may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from this site. Company may disclose any Content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate this site; or (iii) to protect the rights or property of Company, its Users or Providers.

Company reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to Users, Company, or any rights of Company or any third party, or to violate any applicable law. Company reserves the right in its sole discretion to deny any User access to this site, any interactive service herein, or any portion of this site without notice. Notwithstanding the foregoing, neither Company nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither Company, nor its affiliates, nor any of their officers, directors, employees or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on this site.

V. Privacy Policy

In accordance with the terms of Company’s Privacy Policy, Company respects the privacy of its Users.

VI. Termination of Usage

Company may terminate User’s access, or suspend any User’s access to all or part of this site, without notice, for any conduct that Company, in its sole discretion, believes is in violation of any applicable law, these Terms of Use or is harmful to the interests of another User, a third-party Provider, a service provider, or Company.

VII. Severability

The provisions of these Terms of Use is intended to be severable. If for any reason any provision of this disclaimer shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

VIII. Acknowledgment

The Terms of Use, including all documents referenced herein, represent the entire understanding between you and Company and supersede any prior statements or representations. BY USING THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND SERVICE. The aforementioned Terms of Use and Service are subject to change without advance notice.

IX. Disclaimers and Limitation of Liability

User expressly agrees that use of this site is at User’s sole risk. Neither Company nor its affiliates nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, Providers), or the like, warrant that this site will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through this site.

Under no circumstance shall Company or any other party involved in creating, producing, or distributing this site be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use this site, including but not limited to reliance by User on any information obtained from this site or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to this site’s records, programs or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through this site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FORUMS, CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND HMT HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. HMT DOES NOT WARRANT THAT THE WEB SITE, THE SERVICES, THE FORUMS OR THE SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL.

HMT MAKES NO WARRANTY THAT THE WEB SITE, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HMT, OR FROM OR THROUGH THE WEB SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. HMT ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOU SHOULD DISCONTINUE USING THE WEB SITE. HMT DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SITE CONTENT OR ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND HMT EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES. USE OF THE WEB SITE, CREATION OF AN ACCOUNT OR THE SUBMISSION OF ANY SUBMITTED MATERIALS DOES NOT GUARANTEE ACCEPTANCE OR USE THEREOF.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, HMT AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEB SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEB SITE OR IN CORRESPONDENCE WITH HMT OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEB SITE ARE PROVIDED BY HMT (OR ITS LICENSORS OR THIRD PARTY PROVIDERS OR SUPPLIERS) “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND HMT OR ITS LICENSOR OR SUPPLIER.

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL HMT, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR THE CONTENT, MATERIALS AND FUNCTIONS OF OR RELATED THERETO, YOUR PROVISION OF INFORMATION OR CONTENT VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST USERS OF THE WEB SITE, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE WEB SITE EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT(S), IF ANY, PAID BY YOU TO HMT FOR YOUR USE OF THE WEB SITE, OR (B) TEN DOLLARS ($10). ALL USERS OF THIS ARCHIVE SITE UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON LIABILITY.