1) Who We Are & Scope

This website (the “Site”) is operated by Natural State NeuroStim, LLC, 3531 Central Ave., Suite F, Hot Springs, AR 71913 (“NSN,” “we,” “us,” “our”). The Site and our products are for licensed medical professionals and regulated healthcare entities only. If you are a consumer or non-professional, leave the Site.

2) Professional-Only Access; Your Declarations

By creating an account, ordering, or using the Site, you represent and warrant that:
(a) you are at least 18,
(b) you are a duly licensed/authorized healthcare professional or healthcare entity, purchasing solely for clinical use by trained personnel,
(c) you will comply with all applicable federal and state laws (including 21 CFR, state medical/practice acts, Board rules), and
(d) you will not resell to consumers or enable home use of any Rx-only or restricted product.
We may require credentialing (licenses, DEA/CLIA if applicable, NPI, tax/resale certificates) and may accept, reject, suspend, or terminate accounts at our discretion.

3) No Medical Advice

All Site content (text, PDFs, videos, trainings) is informational and for professionals. It is not medical advice, diagnosis, treatment guidance for any individual patient, or a substitute for your clinical judgment. You are solely responsible for indications, contraindications, dosing/parameters, patient selection, informed consent, and outcomes.

4) Regulatory & Advertising Disclosures

Some products may be Rx Only and/or FDA-cleared/authorized for specific indications. You agree to use products only as permitted by law and labeling. If you choose to use off-label, that decision is yours; you accept full responsibility. We make no claims beyond lawful labeling.

5) Billing, Reimbursement, and Compliance

We do not guarantee insurance coverage, coding, payment amounts, prior auth, or medical necessity. You are solely responsible for all coding, documentation, and compliance with the Anti-Kickback Statute, Stark Law, False Claims Act, Sunshine Act, and state analogs. You agree not to offer, solicit, or accept remuneration tied to federally reimbursable referrals. Do not represent our marketing or trainings as reimbursement assurances.

6) Orders, Pricing, and Payment

Prices, availability, and specs can change without notice. We may correct errors and cancel orders at any time (with refund of amounts you paid). Taxes, shipping, insurance, and regulatory fees are your responsibility. For approved accounts we may offer Net terms; otherwise payment is due at checkout. Late balances may incur the maximum lawful interest and collection costs.

7) Shipping, Title, and Risk of Loss

Unless we state “FOB Destination” in writing, shipments are FOB Origin: title and risk of loss pass to you when we deliver the goods to the carrier. Inspect shipments upon receipt and notify us of visible damage within 2 business days.

8) Returns, RMAs, and Non-Returnable Items

You must obtain a written RMA before any return. Sterile, temperature-controlled, opened, used, custom, or dated/lot-controlled products are non-returnable except for our documented error or a verified manufacturer defect. Approved returns must be unopened, in original packaging, and received within 30 days of invoice; a restocking fee (up to 25%) may apply. Shipping is not refunded.

9) Product Use Obligations

You agree to:
• read and follow the IFU and training materials;
• use the products only on appropriate patients, with proper monitoring;
• maintain lot/serial records and traceability;
• store products per specifications; and
• restrict access to trained personnel.
Not for life-support or emergency resuscitation uses unless labeling explicitly allows it.

10) Recalls, Field Corrections, Adverse Events

You will maintain accurate contact information and cooperate with any recall/field correction. You will report safety issues and adverse events to us and, where required, to regulators. We may replace, refund, or credit recalled product at our discretion; that remedy is exclusive.

11) Limited Warranty (Goods)

Except as specifically stated in a product’s written warranty or IFU, products are provided in working condition and have gone through rigorous inspection. To the maximum extent permitted by UCC §2-316 and applicable law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. Your exclusive remedy for a verified manufacturing defect is repair, replacement, or refund (at our option) of the affected product you purchased from us.

12) Training and Support

Any training, protocols, parameter ranges, or support we provide are educational and are based on guidelines at the time of training. You are responsible for continuing education. 

13) Limitation of Liability

To the fullest extent permitted by law: (a) we are not liable for any indirect, incidental, consequential, special, punitive, or exemplary damages; (b) our total liability for any claim arising from the Site or sale/use of products will not exceed the amount you paid us for the product or service giving rise to the claim in the 12 months before the event; and (c) we have no liability for misuse, off-label use, modification, failure to follow IFU, or combination with third-party items.

14) Indemnification

You will defend, indemnify, and hold harmless NSN, its owners, officers, employees, and agents from any claim, damage, penalty, cost, or expense (including reasonable attorneys’ fees) arising from: (i) your use or misuse of the Site or products; (ii) your clinical decisions and patient care; (iii) your regulatory noncompliance; or (iv) your breach of these Terms.

15) Intellectual Property & Content

The Site, its content, logos, and training materials are our or our licensors’ IP. We grant you a limited, revocable, non-transferable license to access the Site for your internal professional use. You will not copy, scrape, frame, reverse engineer, or create derivative works without written permission. If you upload content (e.g., testimonials), you grant us a non-exclusive license to display it; you warrant you have rights to it and it does not disclose PHI.

16) No PHI; We Are Not Your Business Associate

Do not upload, transmit, or store Protected Health Information (PHI) through the Site. We do not act as a HIPAA Business Associate for Site usage absent a separate, fully executed BAA. If you send PHI anyway, you do so at your own risk and agree we may delete it without notice.

17) Acceptable Use

No unlawful, deceptive, or harmful activity; no credential sharing; no attempts to bypass access controls; no interference with Site operation; no scraping or automated extraction; no export of controlled technology to sanctioned jurisdictions (you are responsible for export control/OFAC compliance).

18) DMCA

If you believe material on the Site infringes your copyright, send a DMCA notice to: DMCA Agent c/o Natural State NeuroStim, LLC, 3531 Central Ave., Suite F, Hot Springs, AR 71913, email: [insert@domain]. Include all elements required by 17 U.S.C. §512(c)(3). Counter-notices must comply with §512(g).

19) Electronic Communications & E-Sign

You consent to receive notices and transact with us electronically. You agree that clicks, check-boxes, typed names, and uploads constitute your electronic signature under the E-SIGN Act and Arkansas law.

20) Privacy

Our collection and use of personal data is governed by our Privacy Policy (separate document). Do not submit PHI here.

21) Changes

We may update these Terms at any time by posting the revised version. Changes apply upon posting to new orders and prospectively to Site use.

22) Termination

We may suspend or terminate accounts or access for any breach, insurance billing or Medicare billing fraud or overbilling or suspected misuse, altering software prior to use, or tampering with associated hardware/software on programming box. Sections intended to survive (warranties, disclaimers, IP, indemnity, liability limits, governing law) survive termination.

23) Governing Law; Venue; Dispute Resolution

These Terms and any dispute arising out of the Site or any sale are governed by the laws of the State of Arkansas, without regard to conflicts rules. Venue is exclusively in the state or federal courts located in Garland County, Arkansas.
Optional Arbitration/Class Waiver (use if your counsel approves): Except for small-claims actions and IP/ injunctive relief, disputes will be resolved by binding arbitration under the AAA Commercial Rules in Little Rock, Arkansas, before one arbitrator. No class actions; claims are individual only.

24) Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control (shortages, strikes, epidemics, regulatory actions, carrier failures, disasters, cyberattacks, economic tariffs, war, etc.).

25) Assignment

You may not assign your rights without our written consent. We may assign as part of a reorganization, merger, or asset transfer.

26) Entire Agreement; Severability; No Waiver

These Terms (plus any signed sales quote/PO, RMA, and the Privacy Policy) are the entire agreement regarding Site use and product sale. If a provision is held invalid, the remainder stays in effect. Our failure to enforce is not a waiver.

27) Contact

Natural State NeuroStim, LLC
3531 Central Ave., Suite F, Hot Springs, AR 71913

[email protected] or call 501.860.5665