TERMS OF USE
1. Acceptance of these Terms
Please read and review these Terms of Use (these “Terms of Use”) for this website of Ochs Labs, LLC and our affiliated entities (together, “Ochs Labs,” “we,” or “us”), including the site located at [www.ochslabs.com] (collectively, the “Website”). By using this Website, you acknowledge that you have read, understand, and agree to be bound by the following terms and all applicable laws and regulations. If you do not agree to these Terms of Use, you are not permitted to access or use this Website.
2. Informational purposes; no medical advice
The information provided on the Website or in any promotional e-mail received by you in response to an opt-in registration from the Website, including, without limitation, any text, images, audio, and video (the “Content”), is presented in summary form, is general in nature, and is provided for informational purposes only. Please note that certain sections of the Website may be intended only for particular audiences, such as licensed healthcare providers, patients, and/or the general public. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS REGARDING A MEDICAL CONDITION. Neither the Content nor any other service offered by or through the Website is intended to be relied on for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something you have read on the Website or in the Content. The Content is not intended in any way to be a substitute for professional medical advice and should not be interpreted as treatment recommendations. Only a physician or other qualified healthcare provider who has had an opportunity to interact with a patient, with access to the patient’s records and the opportunity to conduct appropriate follow-up, can provide recommendations for treatment.
3. Product information
Product information may be provided on the Website and is intended for general information purposes only. Ochs Labs’ neurofeedback devices and related software are intended for use by, or under the supervision of, licensed healthcare providers, and not all such products or features may be available in all countries. Product information is not intended to provide complete medical or technical information. Complete information about Ochs Labs’ devices and software (including their intended uses, indications, limitations, and any associated risks) should be obtained directly from Ochs Labs or, where appropriate, from a qualified healthcare provider or the applicable product documentation. Information on these products may vary by country. Patients, physicians, and other healthcare providers should check with local resources and regulatory authorities for information appropriate to their country. In addition, current regulations in many countries limit (or even prohibit in some instances) the ability of Ochs Labs to provide information and/or to
respond directly to inquiries regarding its products. Ochs Labs, however, may respond to inquiries from, and provide information to, qualified healthcare providers in accordance with applicable local regulations.
4. Disclaimer of warranties
THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS.” OCHS LABS, ITS AFFILIATES, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. SPECIFICALLY, OCHS LABS, ITS AFFILIATES, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, SUITABILITY, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, TOOLS, LINKS, OR OTHER COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR ANY SITE OR SITES “LINKED” TO THE WEBSITE. OCHS LABS MAKES NO WARRANTY THAT THE WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
5. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OCHS LABS, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY, OR DEFECT IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, OR LOSS OF USE RELATED TO THE WEBSITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OCHS LABS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
6. Limitation period
Any claims arising in connection with your use of the Website or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred.
7. Use of Content; intellectual property
You may freely browse the Website, but you may only access, download, or use the Content for a non-commercial use and/or internal business purpose. You may not distribute, modify, transmit, reuse, repost, or use the Content for commercial purposes without written permission from Ochs Labs. You must retain and reproduce each and every copyright notice or other proprietary rights notice contained in any Content you download. You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use or in the text on the Website without the written permission of Ochs Labs. With the exception of the foregoing limited authorization, no license to or right in the Content, or any copyright of Ochs Labs or of any other party, is granted or conferred to you.
8. Third party links
As a resource to our visitors, the Website may provide links to other websites. However, because Ochs Labs does not control the content of the other websites we may link to, and due to their constantly changing nature, Ochs Labs cannot be responsible for the content, practices, or standards of third party sites. Inclusion of any third party link does not imply a recommendation or endorsement by Ochs Labs. Ochs Labs is not responsible for and will not have any liability for any damages or injuries of any kind arising in connection with the content of linked third party sites, sites framed within the Website, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
9. Transmission of information
When using the Website, information will be transmitted over a medium that is beyond the control and jurisdiction of Ochs Labs and its suppliers. Accordingly, Ochs Labs assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website.
10. Your submissions and conduct
You are responsible for the accuracy of any information that you provide to Ochs Labs through the Website, including any comments, feedback, remarks, suggestions, ideas, notes, drawings, graphics, concepts, or other information. You agree not to submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law, regulation, or rule. You are solely responsible for any material you submit to the Website. You further agree not to upload, e-mail, post, or transmit to or distribute or otherwise publish through the Website any material which disrupts the normal operation of the Website, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other user from using the Website. Ochs Labs may from time to time monitor, review, and, in its sole discretion, modify or delete any postings you make on the Website; however, Ochs Labs is not obligated to do so. Except as expressly set forth on the
Website, if you submit any information to Ochs Labs, you are giving that information to Ochs Labs free of charge, and such information shall be deemed to be non-confidential, and Ochs Labs and its affiliates shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation, without your consent or any compensation to you or anyone else. The foregoing does not apply to Personal Data, Registration Data, Provider Directory information, protected health information, or information otherwise governed by the Privacy Policy, a Business Associate Agreement, or another written agreement with Ochs Labs. Ochs Labs and its affiliates shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.
11. Information collected through your use
Through your usage of the Website, you may submit, and/or Ochs Labs may gather, certain limited information about you and your website usage. Subject to and in accordance with our Privacy Policy, Ochs Labs is free to use such information for any purpose Ochs Labs deems appropriate, including marketing purposes.
12. Registration and accounts
To obtain full access to the Website, you may be required to complete a registration. If so, you are responsible for maintaining the confidentiality of your account and password and accept responsibility for all activities that occur under your account or password. Transfer of the account by you is prohibited. You agree to: (a) immediately notify us of any unauthorized use of your password or account or any other security concern; and (b) ensure that you exit from your account at the end of each session. In connection with registration, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form (“Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or that we have a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). Please note that if you choose to unregister or disable your account, your account and your activity under the account will not necessarily be deleted. Upon request, we will delete information in association with the account. If you are a healthcare provider or organization, your account may also include an optional public provider directory listing feature, which is opt-in and governed by our Privacy Policy. Your use of the Website, including, but not limited to, your Registration Data, is also subject to our Privacy Policy.
13. Trademarks
Unless otherwise indicated, all logos, names, designs, and marks on the Website are trademarks or service marks owned or used under license by Ochs Labs. The use or misuse of any of these marks or other information is strictly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent or trademark or design right of Ochs Labs or any third party.
14. Geographic scope
Ochs Labs is located in Sebastopol, California, in the United States of America (USA). The Website is operated from the USA. Ochs Labs makes no representation that the Content on the Website is appropriate or available for use in other locations. The Website may contain information on worldwide products and services, not all of which are available in every location; therefore, access to the Content may not be legal by certain persons or in certain countries outside the USA. A reference to a product or service on the Website does not imply that such product or service is or will be available in your location, and such product or service may be subject to different regulatory requirements depending on the country of use. Consequently, visitors may be notified that certain sections of the Website are intended only for certain kinds of expert users or only for audiences in certain countries. Any offer for any product or service made on the Website is void where prohibited by law. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You should not construe anything on the Website as a promotion or advertisement for any product or for the use of any product that is not authorized by the laws and regulations of your country.
15. Governing law; jurisdiction; severability
These Terms of Use are governed by the internal substantive laws of the State of California, without resort to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use. You expressly agree that exclusive jurisdiction and venue for any dispute with Ochs Labs, or in any way relating to your use of the Website or these Terms of Use, reside in the state and federal courts located in the State of California, and waive any right to object to jurisdiction or venue.
16. Modification and termination
Ochs Labs may modify these Terms of Use at any time without notice to you. Ochs Labs may terminate this agreement, terminate your access to all or part of the Website, or suspend any user’s access to all or part of the Website at any time, without notice to you, if it believes in its sole judgment that you have breached or may breach any term or condition of this agreement or for its convenience. You may terminate this agreement at any time by destroying all materials received from the Website and ceasing to use the Website.
17. Related policies; entire agreement
Your use of the Website is also subject to our Privacy Policy. Except as expressly provided in a particular “legal notice” on the Website, these Terms of Use constitute the entire agreement between you and Ochs Labs with respect to the use of the Website and the Content.
Updated: September, 2026.