NeuroTrainer Terms of Service
Please read these terms and conditions (“Terms”) carefully before using the www.NeuroTrainer.com website and the NeuroTrainer application (together, or individually, the “Services”) operated by NeuroTrainer, Inc. (“NeuroTrainer”, “us”, “we”, or “our”).
Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Services.
By accessing or using the Services, you agree to be bound by these Terms.
Account
To enjoy full access to the Services, you must register as a member of the Services and enter into these Terms for access to our features and functionality (a “Subscription”). You must create an account (“Account”), provide complete and accurate registration information to NeuroTrainer, complete the Subscription process, and notify us if any of your information changes. You must subscribe and if applicable, pay the upfront subscription fees (“Subscription Fees”). If you fail to keep your account information up to date, we may have to suspend or terminate your Subscription.
When you create an account with us, you guarantee and represent that you are at least 13 years of age (provided, however, that if you are under the age of 18, your use of the Services is subject to requirements of parent consent, in which case your supervising parent or legal guardian is considered the user under these Terms and is responsible for any and all activity).
You shall not select or use as a username a name of another person with the intent to impersonate that person or use as a username a name subject to any rights of a person other than you without appropriate authorization. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Subscription
Your NeuroTrainer Subscription will continue and automatically renew until terminated. To use the Services, you must have Internet access and a NeuroTrainer-ready device and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your Subscription before it renews in order to avoid billing of the Subscription Fees for the next billing cycle to your Payment Method (see “Cancellation” below).
We may offer a number of Subscriptions, including special promotional Subscriptions.
Free Trials
Your NeuroTrainer Subscription may start with a free trial. The duration of the free trial period of your Subscription will be specified during sign-up and is intended to allow new and certain former subscribers to try the Services. Free trial eligibility is determined by NeuroTrainer at its sole discretion and we may limit eligibility or duration to prevent free trial abuse.
We will charge the Subscription Fee for your next billing cycle to your Payment Method at the end of the free trial period and your Subscription will automatically renew unless you cancel your Subscription prior to the end of the free trial period. To view the applicable Subscription Fee and end date of your free trial period, visit our website.
Subscription Structure and Fees
NeuroTrainer will provide information on its then-current Subscription requirements on the NeuroTrainer website and/or by other means through the Services. Features and prices are subject to change.
Billing Cycles and Auto-Renewal
All Subscriptions recur on a monthly, multi-month or yearly basis until they are canceled in accordance with these Terms. Billing occurs at the beginning of the Subscription cycle and provides access for one-month, multiple months or one year thereafter. By purchasing a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or NeuroTrainer. To change or terminate your Subscription, go to our website or contact member support.
Prepaid Periods
You may be given the opportunity to prepay for one or more months of your Subscription. At the conclusion of a prepaid period, unless you cancel prior to renewal, your Subscription will automatically continue for the same duration at the then-existing price for your Subscription level.
License
Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Services, NeuroTrainer grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the Services for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This license includes the right to use NeuroTrainer and the right to download one copy of the application to any single device for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or NeuroTrainer.
Restrictions. Except as expressly permitted in writing by an authorized representative of NeuroTrainer, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the Services, nor will you take any measures to interfere with or damage the Services. All rights not expressly granted by NeuroTrainer in these Terms are reserved.
Privacy
Our Privacy Policy forms part of these Terms. Please review the Privacy Policy to learn about:
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
Termination/Account Deletion
You can cancel your NeuroTrainer Subscription at any time, and you will continue to have access to the Services through the end of your billing period. To cancel, go to our website and follow the instructions for cancellation or email us at support@neurotrainer.com with your name and “cancellation” included in the subject line. If you cancel your Subscription, your account will automatically close at the end of your current billing period. You must provide us with 7 days notice prior to the end of your billing period to avoid charges in the next billing period.
Application of a Distributor’s Terms and Conditions
We generally use the services of a distributor to market our Services. The distributor has its own terms and conditions governing your use of its services and the distribution of software via its services to you.
For more information, please refer to the distributor’s terms and conditions: https://www.oculus.com/legal/terms-of-service/
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Services. We may experience delays in updating information on the Services and in our advertising on other web sites. The information found on the Services may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Services and we cannot guarantee the accuracy or completeness of any information found on the Services.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Intellectual Property
The Services and any original content incorporated therein will remain the exclusive property of NeuroTrainer and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of NeuroTrainer.
Links to Other Websites
Our Services may contain links to third party web sites or services that are not owned or controlled by NeuroTrainer. These links are not an endorsement by NeuroTrainer of the contents of such third party web sites or services.
NeuroTrainer has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that NeuroTrainer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
No Medical Advice
NeuroTrainer provides the Services for you to track and manage your fitness-related information. THE SERVICES AND ANY RESULTS OR CONTENT DISPLAYED VIA THE SERVICES DO NOT PROVIDE MEDICAL ADVICE AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE SERVICES ARE NOT INTENDED TO TREAT OR PREVENT ANY MEDICAL CONDITION. ALL CONTENT AVAILABLE THROUGH THE SERVICES IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. USE OF THE SERVICES DOES NOT CREATE ANY PHYSICIAN-PATIENT RELATIONSHIP. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program.
Indemnification
You agree to defend, indemnify and hold harmless NeuroTrainer and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use of and access to the Services, by you or any person using your account and password, or b) a breach of these Terms.
Limitation of Liability
In no event shall NeuroTrainer, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. IN NO EVENT WILL NEUROTRAINER’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED $100.00 UNITED STATES DOLLARS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Disclaimer
Your use of the Services is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
NeuroTrainer, its subsidiaries, affiliates, and its licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Services are free of viruses or other harmful components; or d) the results of using the Services will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Legal Requirements
If NeuroTrainer has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena or other valid process, NeuroTrainer may disclose IP addresses, personal information and any contents of the Services where it reasonably believes it is compelled to do so. Please see our Privacy Policy for additional information relating to the privacy of information collected hereunder.
Governing Law and Venue
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. For all purposes of these Terms, you consent to the exclusive jurisdiction and venue in the state and federal courts located in San Francisco, California or the Northern District of California.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have had between us regarding the Services.
Changes
We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Services, at any time and in our sole discretion. Any changes or modifications (“Changes”) will be effective immediately upon the making of such Changes available on our Site or via the Services or other form of communication deemed appropriate. Your continued use of the Services (or any portion thereof) following the posting of such Changes confirms your acceptance of Changes. If you do not agree to the Changes, you must stop using the Services. 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.
Contact Us
If you have any questions about these Terms, please contact support@neurotrainer.com
Copyright Complaints
NeuroTrainer respects the intellectual property rights of others and we ask our users to do the same. NeuroTrainer complies with all applicable provisions of the Digital Millennium Copyright Act. If you believe that any material made available via the Services infringes upon any copyright which you own or control, or that any link made available via the Services directs users to material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
- Your name, address, telephone and e-mail contact information;
- Identify the copyrighted work and/or trademark claimed to have been infringed;
- Identify the content on NeuroTrainer’s website that you claim infringes your intellectual property;
- A description of where the claimed infringing content is located on our website (please provide URLs);
- A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are authorized to act on behalf of the owner of the intellectual property involved.
E-Mail Address of Designated Agent: legal@neurotrainer.com (send information here). NeuroTrainer address: 500 Sansome St., Ste. 615, San Francisco, CA 94111.
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Safety Warnings
A small percentage of people that use the Services may experience muscle or joint aches, neck strain, or tingling in extremities. If any part of your body becomes tired or sore while using the headset or its components, or if you feel symptoms such as tingling, numbness, burning or stiffness, stop and rest for several hours before using it again. If you continue to have any of the above symptoms or other discomfort during or after use, stop use and see a doctor.
For more information, please refer to the headset manufacturer’s warnings: www.oculus.com/warnings.
Entire Agreement
The parties hereto agree that these Terms are the complete and exclusive statement of the agreement between the parties which supersedes all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of these Terms.
Force Majeure
A party (the “Impacted Party”) shall not be liable for any interruption of, delay or failure to perform obligations under these Terms to the extent that such interruption, delay or failure results from causes beyond its reasonable control, including any act of God, fire, flood, natural disaster, pandemic, act of terror, acts of war, riots, civil disorders, government regulations, court orders, rebellions or revolutions, strikes, lockouts or labor stoppages (each such event a “Force Majeure Event”). In any such event, the Impacted Party’s obligations hereunder shall be postponed for such time as its performance is interrupted or delayed on account thereof. The Impacted Party shall promptly notify the other party of the Force Majeure Event that caused such prevention or delay, and such notice shall state the date and extent of such interruption, delay or failure and the Force Majeure Event that was the cause thereof, and the parties shall promptly confer, in good faith, on what action may be taken to minimize the impact on both parties of such condition. The parties will use reasonable best efforts to remove such condition as soon as reasonably practicable.
Updated June 1, 2020