Effective Date: 1 January 2020
Acceptance of Terms
PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEBSITE YOU INDICATE YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT ALL OF THESE TERMS OF USE, DO NOT USE THIS WEBSITE. THIS WEBSITE AND THESE TERMS OF USE ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. BY USING THIS WEBSITE AFTER SUCH CHANGES ARE IMPLEMENTED, CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.
1. General. This website, currently located at www.myneurogym.com ("website"), is owned and has been created and maintained by NeuroGym® ("we" or "us" or "NeuroGym") for your benefit, information, education and communication. By accessing and/or using this website, you accept, without limitation or qualification, these terms and conditions of use. We reserve the right to change the terms and conditions from time to time at our sole discretion without notice. Such changes will be effective immediately upon posting to the website. In the event of any violation of these terms and conditions, we and our business partners reserve the right to seek all remedies available by law and in equity for such violations. These terms and conditions of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications. Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. NeuroGym reserves all legal rights and remedies available to it and these terms and conditions shall in no way be deemed a limitation or waiver of any other rights we may have. Specific areas or pages of this website may include additional or different terms relating to the use of this website. In the event of a conflict between such terms and these terms of use such specific terms shall control. Unless otherwise indicated, all materials on this website www.myneurogym.com, belong to NeuroGym, LLC.
2. Intellectual Property. The materials contained and accessible from and in this website or World Wide Web site, owned, operated, licensed, or controlled by NeuroGym are the proprietary information of NeuroGym or the party that provided the content to NeuroGym. NeuroGym or the party that provided the content to NeuroGym retains all right, title, and interest to the content. The materials contained and accessible from and in this website or World Wide Web site, owned, operated, licensed, or controlled by NeuroGym are copyrighted and may not be reproduced, distributed, republished, uploaded, posted or transmitted in any form, or by any means, without the express written permission of NeuroGym, except as expressly provided in these terms and conditions or in the text on the website. You may download or purchase material displayed on the website for non-commercial personal use only, provided you retain all copyright and other proprietary notices contained in the materials. You may not, however, reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post, or use the content of this website for public or commercial purposes, including, without limitation, the text, images, blog posts, audio, and video, without the express written permission of NeuroGym. We neither warrant nor represent that your use of materials displayed on the website will not infringe the rights of third parties not owned by or affiliated with NeuroGym. Images of people or places displayed on the website are either the property of, or used with permission by, NeuroGym. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions or specific permission provided elsewhere on the website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the website are registered and unregistered Trademarks of NeuroGym and other third parties that have authorized the use of such Trademarks on the website. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of NeuroGym or the appropriate third party. Your use of the Trademarks displayed on the website, or any other content on the website, except as provided in these terms and conditions, is strictly prohibited. You are also advised that NeuroGym will aggressively enforce its intellectual property rights to the fullest extent of the law.
3. Disclaimer. NeuroGym makes no representations or warranties that this website is free of defects, viruses, Trojan horses, or other code,or harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or website's computer systems. You have the sole responsibility for the adequate protection and backup of data and/or equipment used in connection with this website and you agree to hold NeuroGym, its subsidiaries, affiliates, officers, directors, and employees harmless from, and you covenant not to sue us for any claims for lost data, work delays, lost profits resulting from the use of materials or content from this website, or any other claim arising from or related to this website. The pages on this website may contain technical inaccuracies, outdated information and typographical errors. Use of the website is at the risk of the user. To the extent permitted by applicable law, this website is provided "as is". Neither NeuroGym nor any other party involved in creating, producing, or delivering the website is liable for any direct, special, incidental, consequential, indirect or punitive damages arising out of access to, or use of, any part of the website including, without limitation, lost profits or revenues, costs of replacement goods, loss of damage to data arising out of the use or inability to use any part of this website, or damages resulting from the use of or reliance on the information present, even if NeuroGym, or its suppliers have been advised of the possibility of such damages. Without limiting the foregoing, everything on the website is provided without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement or arising from a course of dealing, usage or trade practice. We do not in any way guarantee the quality, data content, artistic worth, or legality of information, content, goods or services that are transferred, received, purchased, or otherwise made available or obtained by way of this website. We do not warrant that this website will be error-free or that or that any part of this website including the servers that make it available, are free of viruses, Trojan horses, or other code, or harmful components, or that defects will be corrected. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We assume no responsibility, and will not be liable for, any damages to, or viruses, Trojan horses, or other code, or harmful components that may infect computer equipment or other property on account of your access to, use of, posting, or browsing in this website or your downloading of any materials, data, text, images, video, or audio from the website. We are not responsible for any items you purchase on the website through third party vendors.
This website offers health, wellness, fitness, and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this website. The use of any information provided on this website is solely at your own risk. Nothing stated or posted on this website or available through any services are intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice.
Neither NeuroGym nor its owners, officers, directors, employees, subsidiaries, affiliates, licensors, service providers, content providers, and agents are financial advisers. Nothing contained on the website is intended to be or to be construed as financial advice. NeuroGym is not an investment advisory service, is not an investment adviser, and does not provide personalized financial advice or act as a financial advisor. The website exists for educational purposes only, and the materials and information contained herein are for general informational purposes only. The education and information presented herein is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. You are encouraged to discuss any opportunities with your attorney, accountant, financial professional or other advisor.
4. Privacy of User Information. Please see our Privacy Policy for information regarding the collection of personal information from this website. Despite any representations concerning privacy, we reserve the right to disclose without notice to you any information in our possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.
5. Limitation on Liability. NeuroGym, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if company has been advised of the possibility of such damages. In no event will the collective liability of NeuroGym and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the amount you have paid to company for the applicable content, product or service..
You will indemnify and hold NeuroGym, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this website.
6. Availability of Products and Services. The information provided at this website is published throughout the world. We manage this website from its facilities in the United States of America. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region.
7. Daily Prime SMS Subscription Service. NeuroGym reserves the right to execute the Daily Prime program from between zero to seven days of the week, and/or decrease, delay, suspend or discontinue the Daily Prime program at its absolute sole discretion.
Neurogym reserves the right, in its absolute sole discretion, to offer the Daily Prime program to customers with different levels of content value, and offer any customer, the opportunity to upgrade and pay a fee for the Daily Prime program, with different levels of content value.
8. Links to Third Party Sites. This website contains links to third party sites. Such linked sites are not under the control of NeuroGym, and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements contained on any such linked sites. Access to any other Internet site linked to this website is at the user's own risk. We have not reviewed the sites linked to the website. We provide these links merely as a convenience and the inclusion of such links does not imply sponsorship or endorsement by NeuroGym of such third party sites or any goods or services offered by such third parties.We recommend that you make yourself aware of the Terms of Use of any sites you link to from our Company’s website.
9. User Content. You hereby grant to NeuroGym the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to NeuroGym through this website (together, hereinafter "Communications"), other works in any form, media, or technology now known or later developed including e-mails to NeuroGym or its agents or representatives, or postings on interactive portions of this website, shall be deemed and shall remain the property of NeuroGym. If you send us such Communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such Communications. NeuroGym is free to use, for any purpose whatsoever, any Communications, including but not limited to publishing, or developing, manufacturing, and marketing products using such Communications without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future NeuroGym operations. . By submitting Communications to us through this website, through email, or through any means other than through the procedures outlined elsewhere in this website, you hereby RELEASE NeuroGym, its subsidiaries, affiliates, officers, attorneys, directors, and employees from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Communications. By uploading or otherwise providing any Communications to this website or NeuroGym' agents or representatives, you hereby grant NeuroGym, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation, and you warrant that all "moral rights" in uploaded Communications have been waived.
By making Communications, you are guaranteeing to us that you have the legal right to post the content in the Communications and that it will not violate any law or the rights of any person or entity. NeuroGym will treat any personal information that you submit through this website in accordance with its Privacy Policy as set forth on this website.
You may not post, send, submit, publish, or transmit in connection with this website any material that:
(a) you do not have the right to post, including proprietary material of any third party
(b) advocates illegal activity or discusses an intent to commit an illegal act
(c) is vulgar, obscene, pornographic, or indecent
(d) does not pertain directly to this website
(e) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive
(f) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise
(g) infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity
(h) violates any law or may be considered to violate any law
(i) Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content
(j) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this website
(k) solicits funds, advertisers or sponsors
(l) includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications
(m) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this website
(n) includes MP3 format files
(o) amounts to a ‘pyramid’ or similar scheme
(p) disobeys any policy or regulations established from time to time regarding use of this website or any networks connected to this website
(q) contains hyper-links to other sites that contain content that falls within the descriptions set forth above
Although we are not obligated to do so, NeuroGym reserves the right to monitor use of this website to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Communications. You acknowledge and agree that neither NeuroGym nor any third party that provides Content to NeuroGym will assume or have any liability for any action or inaction by NeuroGym or such third party with respect to any Communications.
10. Interactive Areas and Code of Acceptable Conduct. We do not ordinarily filter, censor, edit or regulate information and content provided by third parties on this website, including any such information provided in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. However, we have full discretion to filter, censor, edit or regulate information and content provided by third parties on this website any time we deem necessary. When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct: You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content. You will not upload viruses or harmful components. Since this website is designed for personal growth, you will not post any commercial messages or promote any business, whether your own or a third party's. You will not use the website to further any illegal purpose or to violate the rights of any party. You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services. NeuroGym will assist law-enforcement officials investigating illegal activity or violations of these terms of use.
11. Products, Services, and Software. A description or reference to a product, service or publication on this website (including any description or reference via hyperlink) does not imply endorsement by NeuroGym or John Assaraf of that product, service or publication. Products offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product. Downloading software from this website does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software available on this website is copyrighted by NeuroGym or its owner. Software may not be copied, redistributed, or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software.
12 Security. Any passwords used for this website are for individual use only. You will be responsible for the security of your password (if any). NeuroGym is entitled to monitor your password and, at NeuroGym’s discretion, require you to change it. If you use a password that NeuroGym considers insecure, NeuroGym has the right to require the password to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, NeuroGym reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. NeuroGym reserves the right to investigate suspected violations of these Terms of Use. NeuroGym reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing NeuroGym to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. By accepting this agreement, you waive and hold harmless NeuroGym from any claims resulting from any action taken by NeuroGym during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either the NeuroGym or law enforcement authorities.
13. Claims of copyright infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by NeuroGym infringe your copyright, you, or your agent may send to NeuroGym a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with the requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon NeuroGym actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to NeuroGym a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
14. Jurisdiction and Choice of Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without giving effect to any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the courts located in California in connection with any action arising out of or related to these terms of use or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.
15. Class Action Waiver. Disputes will be resolved with us on an individual basis only, and you may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. The arbitrator may not consolidate more than one person’s claim(s), and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
16. Severability. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms of Use and shall not affect the validity and enforceability of any remaining provisions of the Terms of Use.