Terms & Conditions
Welcome to the NEUROFORCE1 Website
These Terms of Use apply only to the web sites owned or controlled by The NEUROFORCE1 Company (NEUROFORCE1) or any of its affiliates or subsidiary companies (collectively, the “Web Sites”).
NEUROFORCE1 provides the Web Sites as a service to its customers. Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Web Sites constitutes your agreement to follow and be bound by those terms (the “Agreement”). If you do not agree to these terms, please do not use this site. “Bookmarking” or quoting a particular portion of the Web Sites still binds you to the Agreement. From time to time, NEUROFORCE1 may change the terms that govern your use of our Web Sites. We suggest that you visit this page periodically to review the terms of your use in case of a change in terms.
PRIVACY
Our Privacy Policy described the use of personal data collected through the Web Sites your visit to the Web Sites. When you visit the Web Sites or send emails to us, you are communicating with us electronically. We interpret that as consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Web Sites as applicable. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on the Web Sites, such as text, graphics, logos, button icons, images, audio, data compilations, and software, is the property of NEUROFORCE1 or its content suppliers and protected by US and international copyright law. The compilation of all content on the Web Sites is the exclusive property of NEUROFORCE1 and protected by US and international copyright law. All software used on the Web Sites is the property of NEUROFORCE1 or its software suppliers and protected by US and international copyright law.
TRADEMARKS
NEUROFORCE1’s graphics, logos, page formatting, page content, and service names are trademarks, registered or otherwise, of NEUROFORCE1 in the United States and all other applicable territories. NEUROFORCE1’s trademarks may not be used in connection with any product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NEUROFORCE1 or the NEUROFORCE1’s products. All other trademarks not owned by NEUROFORCE1 that appear on the Web Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NEUROFORCE1.
WEB SITE CONTENTS
NEUROFORCE1 reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause. Acceptance of the Agreement indicates that you understand and accept that all materials, including text, images, illustrations, designs, icons, photographs, video clips and other materials that are part of the Web Sites (collectively, the “Contents”) are owned by NEUROFORCE1. You are expressly prohibited from using any Content without the express written consent of NEUROFORCE1. The Web Sites and all Contents are intended solely for personal, non-commercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Web Sites or any related software or content. Any permission granted herein terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials.
USER COMMENTS, FEEDBACK, & OTHER SUBMISSIONS
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to the NEUROFORCE1 on or by the Web Sites or otherwise disclosed, submitted or offered in connection with your use of the Web Sites (collectively, the “Comments”) shall be and remain the NEUROFORCE1’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to the NEUROFORCE1 of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Accordingly, NEUROFORCE1 will exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. NEUROFORCE1 is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Web Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Web Sites will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
ACCEPTABLE USE
You will not use the Web Sites to:
- Upload, post, e-mail, transmit, display, distribute, promote, or otherwise make available: (i) any material that is false, unlawful, threatening, tortious, disparaging (including disparaging of NEUROFORCE1, its principles or affiliates), anything that adversely affects the NEUROFORCE1’s business such as discouraging any person or entity from advertising with, linking to or supplying NEUROFORCE1, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable in NEUROFORCE1’s sole discretion; (ii) information, software, or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity or any other proprietary right; (iii) material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, bots, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user’s uninhibited use and enjoyment of the Web Sites, interferes with or disrupts the Web Sites or servers or networks connected to the Web Sites, or disobeys any requirements, procedures, policies or regulations of networks connected to the Web Sites; (iv) information or material of any kind that constitutes or contains false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the Web Sites, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to the Web Sites; or (v) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” requests for money, petitions for signature, or any other form of solicitation; Encourage, promote, solicit or commit conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits or harms any individual, corporation or other entity;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Web Sites are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- Stalk, abuse, sexually exploit, violently exploit, act violently toward or otherwise harass another user;
- Use or attempt to use another’s information, account, password, service or system except as expressly permitted;
- Solicit or collect personal data including without limitation, telephone numbers, addresses, last names, financial information, passwords, codes, or email addresses, about other users.
- You represent, warrant and agree that you will comply with the above acceptable use policy.
TO OTHER WEBSITES AND SERVICES
The Web Sites may contain links to other websites that are not affiliated with NEUROFORCE1 or otherwise under the control of NEUROFORCE1. NEUROFORCE1 has no responsibility for the linked websites nor does it necessarily endorse the linked websites. NEUROFORCE1 provides the links solely for the convenience and information of its Web Site users.
PROGRAMS AND PROMOTIONS
The Web Sites may contain or offer programs, sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the program, sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes, contest or promotion.
DISCLAIMER OF WARRANTIES
THE WEB SITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITES, ARE PROVIDED “AS IS,” “AS AVAILABLE”, AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEUROFORCE1 AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEB SITES; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEB SITES; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITES; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEB SITES BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITES OR ANY LINKED SITE. NEUROFORCE1 DOES NOT WARRANT THAT THE WEB SITES, ANY OF THE WEB SITES’ FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEUROFORCE1 DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEB SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, NEUROFORCE1 SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEB SITES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITES OR THE CONTENT. FURTHER, NEUROFORCE1 AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NON INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
NEUROFORCE1, ITS SUBSIDIARIES OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITES INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT. DISCLAIMERS/LIMITATION OF LIABILITY YOU UNDERSTAND AND AGREE THAT NEUROFORCE1 LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITES AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL NEUROFORCE1, ITS SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “NEUROFORCE1 ENTITIES AND INDIVIDUALS”) BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEB SITES, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITES; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY NEUROFORCE1 OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITES OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THE WEB SITES’ TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE NEUROFORCE1 ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITES). IN NO EVENT WILL THE NEUROFORCE1 ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE NEUROFORCE1 ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE NEUROFORCE1 ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, MODEM, CELL PHONE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEB SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF NEUROFORCE1’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, VIDEO, FILM OR OTHER CONTENT OWNED OR CONTROLLED BY NEUROFORCE1 AND/OR ITS SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY NEUROFORCE1 WEBSITE, PROPERTY, PRODUCT, PROGRAM, VIDEO, FILM OR OTHER CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
You recognize and confirm that the web sites do not provide medical advice, information or recommendation of any kind and company expressly disclaims that it is providing any such advice, information or recommendation. the statements on the web sites have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.
BY ACCESSING ANY OF THE WEBSITES, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF ANY LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING A RELEASE, AND WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE RELEASE.
INDEMNIFICATION
You agree to defend, indemnify and hold NEUROFORCE1 and its affiliates and their respective officers, directors, employees, representatives and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Web Sites.
TERMINATION
This Agreement is effective unless and until terminated by either you or NEUROFORCE1. You may terminate this Agreement at any time. NEUROFORCE1 also may terminate this Agreement at any time and may do so immediately without notice, and accordingly, deny you access to the Web Sites, if in NEUROFORCE1’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or NEUROFORCE1, you must promptly destroy all materials, downloaded or otherwise, obtained from the Web Sites, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
GOVERNING LAW
THESE TERMS OF USAGE (TOU) AND THE INTERPRETATION OF THESE (TOU) SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ARIZONA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
JURISDICTION AND VENUE
You waive all rights to trial by jury in any action or proceeding instituted in connection with these Terms of Use and/or the Web Sites. Any controversy or claim arising out of or relating to these Terms of Use and/or the Web Sites shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Arizona, and judgment on the arbitration award may be entered into any court having
jurisdiction thereof. Any matters or proceedings that are not subject to arbitration as set forth in these Terms of Use and/or for entering any judgment on an arbitration award, shall take place in the State of Arizona. You waive the defense of forum non conveniens.
