Terms of Services
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We are Neuro Empowering, a company based in Ohio, United States. We run the website https://www.neuroempowering.org, as well as other related products and services (collectively referred to as the "Services").
Neuro Empowering offers an online personalized wellness program that focuses on brain and body functions to help individuals with neurological impairments regain control over their neurological health.
You can reach us by email at neuro@neuroempowering.org.
By accessing and using the Services, you are agreeing to the Legal Terms, which are a binding agreement between you and Neuro Empowering. If you do not agree with these Legal Terms, you are not permitted to use the Services.
We will notify you in advance of any scheduled changes to the Services you are using. The modified Legal Terms will be effective once posted or communicated to you by email. By continuing to use the Services after the effective date of the changes, you are agreeing to the modified terms.
The Services are intended for users who are at least 18 years old. Users under 18 are not allowed to use or register for the Services without an adult.
We recommend that you keep a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PURCHASES AND PAYMENT
6. POLICY
7. PROHIBITED ACTIVITIES
8. USER GENERATED CONTRIBUTIONS
9. CONTRIBUTION LICENSE
10. GUIDELINES FOR REVIEWS
11. THIRD-PARTY WEBSITES AND CONTENT
12. SERVICES MANAGEMENT
13. PRIVACY POLICY
14. COPYRIGHT INFRINGEMENTS
15. TERM AND TERMINATION
16. MODIFICATIONS AND INTERRUPTIONS
17. GOVERNING LAW
18. DISPUTE RESOLUTION
19. CORRECTIONS
20. DISCLAIMER
21. LIMITATIONS OF LIABILITY
22. INDEMNIFICATION
23. USER DATA
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
25. CALIFORNIA USERS AND RESIDENTS
26. MISCELLANEOUS
27. NOT MEDICAL ADVICE
28. NOT PROVIDER PATIENT RELATIONSHIP
29. VOLUNTARY USE OF WEBSITE
30. RESPONSIBILITY OF USE
31. NO ILLEGAL USE OF SERVICES
32. AGREEMENT OF TERMS OF SERVICE
33. CONTACT US
1. OUR SERVICES
The information provided through the Services is not intended for distribution or use in any jurisdiction or country where it would be against the law. If you choose to access the Services from other locations, you are responsible for complying with local laws.
The Services do not comply with industry-specific regulations such as HIPAA or FISMA. If your interactions are subject to these laws, you should not use the Services. Additionally, the Services should not be used in a way that violates the GLBA.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We own or have the rights to all intellectual property in our Services, including source code, databases, software, website designs, audio, video, text, photographs, and graphics (referred to as the "Content"), as well as the trademarks, service marks, and logos (referred to as the "Marks").
The Content and Marks are protected by copyright and trademark laws in the United States and other countries.
The Content and Marks are provided in the Services for personal, non-commercial use only.
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we give you permission to:
use the Services;
copy or print any part of the Content that you have access to.
only for personal, non-commercial use.
Unless stated otherwise in these Legal Terms, you are not allowed to copy, reproduce, combine, publish, upload, display, encode, translate, send, distribute, sell, license, or exploit any part of the Services, Content or Marks for commercial purposes without our written permission.
If you want to use the Services, Content or Marks in any other way than explained here or in the Legal Terms, please contact us at neuro@neuroempowering.org. If we give you permission to post, reproduce or display any part of our Services or Content, you must acknowledge us as the owners or licensors and ensure that any copyright or proprietary notice is visible.
We keep all rights to the Services, Content, and Marks, except for the ones expressly granted to you.
Violation of these Intellectual Property Rights will be considered a serious breach of our Legal Terms and will result in the immediate termination of your right to use our Services.
Your Submissions and Contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully before using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to give us all intellectual property rights in such Submission. You agree that we will own this Submission and be able to use and share it for any lawful purpose, commercial or otherwise, without acknowledging or compensating you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other features through which you can create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any public submissions will also be treated as Contributions.
You understand that Contributions may be visible to other users of the Services and potentially through third-party websites.
When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and make use of your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to create derivative works from, or incorporate into other works, your Contributions, and to grant sublicenses for the licenses granted in this section. Our use and distribution may take place in any media formats and through any media channels.
This license also includes our use of your name, company name, franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account to any of your social media accounts, you:
confirm that you have read and agree to our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission or post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permitted by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
warrant that any such Submission and/or Contribution is original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions, and you expressly agree to reimburse us for any losses that we may suffer because of your violation of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we are not obligated to monitor any Contributions, we have the right to remove or edit any Contributions at any time without notice if we believe such Contributions are harmful or in violation of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please refer to the "COPYRIGHT INFRINGEMENTS" section below.
3. USER REPRESENTATIONS
When you use the Services, you confirm and promise that: (1) all the information you provide during registration will be true, accurate, current, and complete; (2) you will keep this information up to date; (3) you have the legal capacity and agree to follow these Legal Terms; (4) you are not a minor in your jurisdiction; (5) you will not access the Services using automated or non-human methods, like bots or scripts; (6) you will not use the Services for any illegal or unauthorized purposes; and (7) your use of the Services will comply with all applicable laws and regulations.
If you provide any information that is false, inaccurate, outdated, or incomplete, we can suspend or terminate your account and deny your access to the Services, either temporarily or permanently.
4. USER REGISTRATION
You might need to register in order to use the Services. You agree to keep your password private and will be responsible for all activities that occur in your account. We have the right to delete, reclaim, or change a username if, in our opinion, it is inappropriate, offensive, or objectionable.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- PayPal
- Discover
- American Express
- Mastercard
You agree to provide accurate and complete information about your purchases and account whenever you make a purchase through the Services. You also agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, so that we can process your transactions and contact you if needed. We will add sales tax to the purchase price, as required by us. Prices may change at any time. All payments must be made in US dollars.
You agree to pay all charges for your purchases, at the current prices, and any applicable shipping fees. By placing your order, you authorize us to charge the payment provider you have chosen for the necessary amounts. If your order involves recurring charges, you give us permission to charge your payment method on a recurring basis without needing your approval for each charge, until you cancel the order. We reserve the right to correct any errors or mistakes in pricing, even if payment has already been made.
We have the right to decline any order made through the Services. In our sole judgment, we may also limit or cancel the quantities purchased per person, household, or order. These restrictions may apply to orders placed under the same customer account, using the same payment method, or with the same billing or shipping address. We reserve the right to limit or block orders that, in our opinion, appear to come from dealers, resellers, or distributors.
6. POLICY
All sales are final, and no refunds will be given.
7. Things You Shouldn't Do
You are only allowed to access or use the Services for the specific purposes we make them available for. The Services cannot be used for any commercial activities unless we specifically endorse or approve them.
As a user of the Services, you agree not to:
- systematically gather data or content from the Services to create a collection, compilation, database, or directory without our written permission.
- deceive or trick us or other users, especially by attempting to obtain sensitive account information like user passwords.
- bypass, disable, or interfere with security features of the Services, including those that prevent or limit the use or copying of any Content or enforce restrictions on the use of the Services and/or the Content.
- criticize, damage the reputation of, or otherwise harm us and/or the Services, according to our subjective opinion.
- use any information obtained from the Services to harass, abuse, or harm another person.
- misuse our support services or submit false reports of abuse or misconduct.
- use the Services in a manner that violates applicable laws or regulations.
- engage in unauthorized framing or linking to the Services.
- upload or transmit viruses, Trojan horses, or other malicious material, including excessive use of capital letters and spamming, that disrupts the uninterrupted use and enjoyment of the Services by any party, or alters, impairs, disrupts, or interferes with the use, features, functions, operation, or maintenance of the Services.
- engage in any automated use of the system, such as sending automated comments or messages, or using data mining, robots, or similar tools to gather and extract information.
- remove the copyright or other proprietary rights notice from any Content.
- attempt to impersonate another user or person, or use another user's username.
- upload or transmit any material that collects or transmits information, including clear graphics interchange formats ("gifs"), web bugs, cookies, or other similar devices often referred to as "spyware" or "passive collection mechanisms" or "pcms".
- interfere with, disrupt, or overload the Services or the networks or services connected to the Services.
- harass, annoy, intimidate, or threaten any of our employees or agents involved in providing the Services to you.
- attempt to bypass any measures of the Services designed to prevent or restrict access, or any part thereof.
- copy or modify the Services' software, including Flash, PHP, HTML, JavaScript, or other code.
- decipher, decompile, disassemble, or reverse engineer any software included in the Services, unless permitted by applicable law.
- use, launch, develop, or distribute any automated system, including spiders, robots, cheat utilities, scrapers, or offline readers that access the Services, or use or launch any unauthorized script or software.
- use a buying agent or purchasing agent to make purchases through the Services.
- make any unauthorized use of the Services, including collecting usernames and/or email addresses of users through electronic or other means for the purpose of sending unsolicited emails, or creating user accounts through automated means or under false pretenses.
- use the Services to compete with us or for any revenue-generating or commercial enterprise.
- use the Services to advertise or offer goods and services.
- sell or transfer your profile.
8. USER GENERATED CONTRIBUTIONS
You can chat, contribute, or join in blogs, message boards, online forums, and other features of the Services. You also have the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services. This can include things like text, videos, photos, comments, suggestions, or personal information (which we call "Contributions"). Other users of the Services and third-party websites may be able to see your Contributions. So, whatever you send may not be treated as confidential or proprietary. When you create or share Contributions, you promise that:
- Your Contributions do not violate anyone else's rights, like copyright, trademark, or patent rights.
- You have all the necessary licenses, rights, permissions, and releases to use your Contributions and let us and other users of the Services use them too.
- You have consent from each person in your Contributions to use their name or likeness.
- Your Contributions are not false, deceptive, or misleading.
- Your Contributions are not unsolicited advertisements, spam, or other types of solicitation.
- Your Contributions are not offensive, harassing, violent, or abusive.
- Your Contributions do not ridicule, mock, or disparage anyone.
- Your Contributions do not promote violence or threaten anyone.
- Your Contributions do not violate any laws or regulations.
- Your Contributions do not invade anyone's privacy or publicity rights.
- Your Contributions are not related to child pornography or harmful to minors in any way.
- Your Contributions do not include offensive comments about race, nationality, gender, sexual preference, or physical ability.
- Your Contributions do not violate these Legal Terms or any other laws or regulations.
If you violate any of these rules when using the Services, it means you're also violating these Legal Terms. That could result in the termination or suspension of your rights to use the Services.
9. CONTRIBUTION LICENSE
By posting your Contributions on any part of the Services, you automatically give us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to do the following things with your Contributions: host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute them. This includes your image and voice. We can use your Contributions for any purpose, whether commercial, advertising, or something else. We can also create new works using your Contributions or include them in other works. We can even let others use your Contributions through sublicenses. We can use your name, company name, franchise name, trademarks, service marks, trade names, logos, and personal and commercial images for all of this. This license applies to all forms, media, or technology, now and in the future. By granting us this license, you also waive any moral rights in your Contributions and confirm that no one else has claimed moral rights in them.
We don't claim any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or proprietary rights associated with them. We're not responsible for any statements or representations in your Contributions made by you on the Services. You're solely responsible for your Contributions and you expressly agree to release us from any and all responsibility and to refrain from taking any legal action against us regarding your Contributions.
We have the right, at our sole discretion, (1) to edit, redact, or make other changes to any Contributions; (2) to re-categorize any Contributions to place them in more suitable locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
10. GUIDELINES FOR REVIEWS
We may provide you with areas on the Services where you can leave reviews or ratings. When posting a review, you must adhere to the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive language, profanity, or abusive, racist, offensive, or hateful remarks; (3) your reviews should not include discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not refer to illegal activities; (5) if posting negative reviews, you should not be affiliated with competitors; (6) you should not draw any conclusions regarding the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We are under no obligation to screen or delete reviews, even if some people find them objectionable or inaccurate. Reviews are not endorsed by us, and they do not necessarily represent our opinions or the views of any of our affiliates or partners. We are not liable for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit, display, perform, and/or distribute all content relating to the review.
11. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be made on other websites and from other companies, and we assume no responsibility whatsoever for such purchases, which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses you sustain or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
12. Services Management
We have the right, but not the duty, to do the following: (1) Watch over the Services for any violations of these Legal Terms; (2) Take appropriate legal action against anyone who, in our opinion, breaks the law or these Legal Terms, which may include reporting such user to law enforcement authorities; (3) Limit your Contributions or any part of it, at our sole discretion and within technological limits, by refusing, restricting, limiting availability, or disabling it; (4) Remove or disable, at our sole discretion and without any notice or liability, any files and content that are excessively large or burdensome to our systems; (5) Manage the Services in a way that protects our rights and property and ensures their proper functioning.
13. Privacy Policy
We are concerned about data privacy and security. Please review our Privacy Policy: [Privacy Policy Link]. By using the Services, you agree to be bound by our Privacy Policy, which is part of these Legal Terms. Please note that the Services are hosted in the United States. If you access the Services from another region with laws or requirements regarding personal data that differ from those in the United States, by continuing to use the Services, you are consenting to the transfer of your data to the United States for processing.
14. Copyright Infringements
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon your copyright, please promptly notify us using the contact details provided below (a "Notification"). We will forward a copy of your Notification to the person who posted or stored the material mentioned in the Notification. Please be aware that making false statements in a Notification may make you liable for damages under applicable law. If you are uncertain whether material on or linked to by the Services infringes your copyright, we recommend consulting with an attorney first.
15. Term and Termination
These Legal Terms remain in effect while you use the Services. We reserve the right, at our sole discretion and without notice or liability, to deny access to and use of the Services (including blocking certain IP addresses) to any person for any reason or no reason, including for violating any representation, warranty, or covenant in these Legal Terms or any applicable law or regulation. We may terminate your use or participation in the Services, delete your account, and remove any content or information you posted at any time, without warning, at our sole discretion.
If we terminate your account or suspend it for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you are acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive remedies.
16. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason, at our sole discretion without notice. However, we are not obligated to update any information on our Services. We are not liable to you or any third party for any modification, price change, suspension, or discontinuation of the Services.
We cannot guarantee that the Services will always be available. We may experience problems with hardware, software, or other issues that require us to perform maintenance on the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notifying you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuation of the Services. These Legal Terms do not obligate us to maintain and support the Services or provide any corrections, updates, or releases related to them.
17. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and interpreted according to the laws of the State of Ohio that apply to agreements made and fully performed within the State of Ohio, without considering its principles of conflict of laws.
18. DISPUTE RESOLUTION
Informal Negotiations
To speed up resolution and control the cost of any dispute, disagreement, or claim related to these Legal Terms (each one a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first try to negotiate any Dispute (except those Disputes explicitly mentioned below) informally for at least thirty (30) days before starting arbitration. Such informal negotiations begin when one Party gives written notice to the other Party.
Binding Arbitration
If the Parties cannot resolve a Dispute through informal negotiations, the Dispute (except those Disputes specifically excluded below) will ultimately and exclusively be resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be initiated and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, if applicable, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which can be found on the American Arbitration Association (AAA) website. Your arbitration fees and your share of the arbitrator's compensation will be governed by the AAA Consumer Rules and, if applicable, limited by the AAA Consumer Rules. If the arbitrator determines that such costs are excessive, we will cover all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will issue a written decision, but is not required to provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Unless otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Hamilton, Ohio. Except as otherwise provided in these Legal Terms, the Parties may go to court to enforce arbitration, halt proceedings pending arbitration, or to confirm, modify, overturn, or enter judgment on the award issued by the arbitrator.
If for any reason a Dispute proceeds in court instead of arbitration, the Dispute will be initiated or prosecuted in the state and federal courts located in Hamilton, Ohio, and the Parties hereby agree to, and waive all defenses of lack of personal jurisdiction and forum non conveniens regarding venue and jurisdiction in such state and federal courts. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are not applicable to these Legal Terms.
In no event should any Dispute brought by either Party related in any way to the Services be started more than one (1) year after the cause of action arises. If this provision is determined to be illegal or unenforceable, then neither Party will choose arbitration for any Dispute falling within the portion of this provision that is deemed illegal or unenforceable, and such Dispute will be decided by a court with competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to be subject to the personal jurisdiction of that court.
The parties agree that any arbitration will be limited to disputes between the parties individually. To the fullest extent allowed by law, (a) no arbitration will be combined with any other legal proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to use class action procedures; and (c) there is no right or authority for any dispute to be brought in a supposed representative capacity on behalf of the public or any other individuals.
Exceptions to informal negotiations and arbitration
The parties agree that the following disputes are not subject to the above provisions regarding informal negotiations and binding arbitration: (a) any disputes seeking to enforce or protect, or concerning the validity of any intellectual property rights of a party; (b) any dispute related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will choose to arbitrate any dispute falling within that part of this provision found to be illegal or unenforceable, and such dispute will be decided by a court of competent jurisdiction within the listed courts for jurisdiction, and the parties agree to submit to the personal jurisdiction of that court.
19. Corrections
There might be information on the services that has typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update the information on the services at any time, without prior notice.
20. Disclaimer
The services are provided on an as-is and as-available basis. You agree that your use of the services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use of them, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the content of the services or the content of any websites or mobile applications linked to the services. We will assume no liability or responsibility for (1) errors, mistakes, or inaccuracies of content and materials; (2) personal injury or property damage of any nature resulting from your access to and use of the services; (3) any unauthorized access to or use of our secure servers and/or any personal or financial information stored therein; (4) any interruption or cessation of transmission to or from the services; (5) any bugs, viruses, trojan horses, or similar that may be transmitted to or through the services by any third party; and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services, any linked website, or any website or mobile application featured in any advertising. We will not be responsible for monitoring any transaction between you and any third-party providers. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution.
21. Limitations of liability
We, as well as our directors, employees, or agents, will not be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages. Despite anything contrary contained herein, our liability to you for any cause whatsoever and irrespective of the form of the action will always be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain US state laws and international laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
22. INDEMNIFICATION
You agree to protect, compensate, and shield us from harm, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from any loss, damage, legal liability, claim, or request, including reasonable attorneys’ fees and expenses, made by any third party due to or arising from: (1) your Contributions; (2) use of the Services; (3) violation of these Legal Terms; (4) any violation of your promises and guarantees stated in these Legal Terms; (5) your infringement of the rights of a third party, including but not limited to intellectual property rights; or (6) any harmful act towards any other user of the Services with whom you connected via the Services. However, we have the right, at your expense, to take control of the exclusive defense of any matter for which you are required to compensate us, and you agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to inform you of any such claim, action, or proceeding which is covered by this compensation when we become aware of it.
23. USER DATA
We will keep certain information that you send to the Services to manage the performance of the Services, as well as information regarding your use of the Services. Although we regularly back up data, you are solely responsible for all data that you send or that relates to any activity you have undertaken using the Services. You agree that we have no responsibility to you for any loss or corruption of such data, and you hereby waive any right to take legal action against us arising from any such loss or corruption of such data.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Using the Services, sending us emails, and completing online forms are considered electronic communications. You agree to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, fulfill any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
25. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not resolved satisfactorily, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
26. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms will not be seen as a waiver of such right or provision. These Legal Terms operate to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We are not responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is found to be unlawful, void, or unenforceable, that provision or part of the provision is considered separate from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be interpreted against us simply because we drafted them. You hereby waive any defenses you may have based on the electronic form of these Legal Terms and the lack of physical signing by the parties involved.
27. This website does not offer medical advice. Our services are provided for educational and health management purposes only and do not intend to diagnose, treat, or cure any medical conditions. We cannot guarantee that our services will always be available or error-free. If you have any concerns about your medical diagnosis, please consult your personal healthcare provider. If you are experiencing a medical emergency, please call 911.
28. Neuro Empowering does not establish a provider-patient relationship. We are not obligated to follow up with you regarding any medical conditions or treatments.
29. Participation in all live courses, training videos, and other services provided through this website is voluntary. Neuro Empowering reserves the right to incorporate spirituality in its sessions, videos, and content. However, please note that your involvement in spirituality-related courses, videos, and posts is entirely optional. We do not force our religious beliefs upon you.
30. You are solely responsible for your use of our services and the consequences that may arise from it.
31. The usage of our services for illegal or unauthorized purposes is strictly prohibited.
32. By using this website, you acknowledge and agree to the terms of service provided. If you do not agree with these terms, please refrain from using our website.
33. For any complaints or further information regarding the services, please contact us at:
Neuro Empowering
Cincinnati, OH
United States