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.
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..
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.
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.
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
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.
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.
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.
A user may withdraw his or her consent for collection, use, and disclosure at any time by sending an email to support @myneurogym.com. Please note that if the user decides to unsubscribe, this Website may suspend its provision of products and services to the user.
2. Accountability. NeuroGym collects certain “personal information” (information that personally identifies you) which may include, but is not limited to, your name, email address, PayPal email address, home or work address, telephone number, telephone call recordings, sign up source, date of account creation, date of account updates, time stamp, email open clicks, user ID, Facebook ID, country, language, time zone, login history, order details, information about your computer hardware and software (e.g., IP address, operating system, browser type, domain name, URL, access times, and referring website addresses), billing address, Masked Credit Card Information (for refunds), your rating of our support, other responses to surveys and questionnaires from our users during online registration and online purchasing. This information is provided to us by, you, the user.
When you participate, or apply to NeuroGym Events, some of the information we may collect about you and store in connection with the provision and fulfillment of our services to you may include: age, gender, marital status, religion, income range, education, profession, parent status, birthday, telephone number, education, user behavior, location, photo, testimonials with your authorization, or anonymized Facebook comments.
3. Purposes for Collecting and Using Personal Information. NeuroGym collects and uses personal information for the following Identified Purposes:
(a) to understand user needs regarding Website services;
(b) to develop and provide our website and our products and services for our users;
(c) to fulfill your requests for products, services or information;
(d) to communicate with users and Website visitors, when necessary, and to inform users of upgrades, as well as of other products and services available from NeuroGym, its affiliates and third parties;
(e) to allow users to access limited-entry areas of the Website;
(f) to personalize some of our services and products for you and to deliver targeted advertisements and offers from the Website and third parties;
(g) to bill accounts and maintain payment records;
(h) to comply with any applicable law, regulation, legal process or government request;
(i) to respond to a legitimate claim, or to address our reasonable belief, that you are violating the rights of any third party or any of the agreements or policies that govern your use of the Website or any product or service on the Website;
(j) to protect the services, products, information, or rights of the Website, including but not limited to the security or integrity of the Website; and
(k) to identify and resolve technical problems concerning the Website, its information, products and services.
(l) to operate, improve, or promote our Service
(m) to respond to your email inquiries.
(n) to monitor and analyze trends such as: sales reports, behavior on the Website, email clicks and opens
(o) to market our products and services through: email marketing, advertising, including retargeting via Google and Facebook,
(p) purchase history
The Website also uses personal information in an aggregate form (i.e., not individually attributable to you) for its business analysis, operational, marketing, and other promotional purposes.
We abide by Facebook’s Data Use Restrictions.
Any ad data collected, received, or derived from our Facebook ad (“Facebook advertising data”) is only shared with someone acting on our behalf, such as our service provider. We are responsible for ensuring that our service providers protect any Facebook advertising data or any other information obtained from us, limit our use of all of that information, and keep it confidential and secure.
We do not use Facebook advertising data for any purpose (including retargeting, commingling data across multiple advertisers’ campaigns, or allowing piggybacking or redirecting with tags), except on an aggregate and anonymous basis (unless authorized by Facebook) and only to assess the performance and effectiveness of our Facebook advertising campaigns.
We do not use Facebook advertising data, including the targeting criteria for a Facebook ad, to build, append to, edit, influence, or augment user profiles, including profiles associated with any mobile device identifier or other unique identifier that identifies any particular user, browser, computer or device.
We do not transfer any Facebook advertising data (including anonymous, aggregate, or derived data) to any ad network, ad exchange, data broker or other advertising or monetization related service.
We also use Google Analytics Advertiser Features to optimize our business. Advertiser features include:
Remarketing with Google Analytics
Google Display Network Impression Reporting
DoubleClick Platform integrations
Google Analytics Demographics and Interest Reporting
By enabling these Google Analytics Display features, we are required to notify our visitors by disclosing the use of these features and that we and third-party vendors use first-party cookies (such as the Google Analytics cookies) or other first-party identifiers, and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to gather data about your activities on our Website. Among other uses, this allows us to contact you if you begin to fill out our check-out form but abandon it before completion with an email reminding you to complete your order. The “Remarketing” feature allows us to reach people who previously visited our Website, and match the right audience with the right advertising message.
If we hire other companies to provide some products or services on our behalf, then we will only provide those companies the personal information they need for the Identified Purposes, and we will limit their rights to use and further disclose your personal information as appropriate in the course of their work for us.
4. Limiting the Collection of Personal Information. NeuroGym limits its collection of personal information to only that information which is necessary for the Identified Purposes.
Our Website includes content that may be unsuitable for children under thirteen and which are not necessarily monitored. We encourage all parents to talk to their children about online safety and to monitor their children’s use of the Internet.
5. Information Collected Automatically. NeuroGym uses “cookies” to obtain certain types of non-personally identifiable information, such as the Internet Protocol and referring website addresses, browser type and domain name, when a web browser accesses our Website or advertisements and other content served by us or on our behalf on other websites.
We and our partners use various technologies to collect and store non-personally identifiable information and anonymous data when you visit our pages, and this may include using cookies, web beacons or similar technologies to identify your browser or device. If you do not want to allow this level of tracking you can set up rules to manage cookies in your web browser or use incognito mode.
If you choose to not have your browser accept cookies from the Website, you may not be able to view all the text on the screens, or to experience a personalized visit, or to subscribe to certain service and product offerings on the Website. For more information on how to opt-out of cookie tracking please visit AboutAds.info (http://www.aboutads.info/choices/).
6. Disclosure, Processing, and Retention. We do not sell, rent, or disclose your personal information to anyone else, except:
(a) to someone you have designated to act as your agent, for one or more of the Identified Purposes (listed in Section 3, above);
(b) to NeuroGym’s employees, independent contractors, subsidiaries, joint venturers, affiliates, consultants, business associates, service providers, suppliers and agents, acting on our behalf for any of the Identified Purposes;
(d) to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law.
In addition, as we continue to develop our business, we or our affiliates may sell or buy other businesses or entities, or we may merge with another company. In such transactions, personal information may be one of the transferred business assets. Also, in the event that NeuroGym or substantially all of its assets are acquired, your personal information may be one of the transferred assets.
Your information may be stored and processed in the United States, or in any other country in which NeuroGym or its affiliates, subsidiaries, or agents maintain facilities. By using this Website, you consent to any such transfer of information outside of your country.
The General Data Privacy Regulation (GDPR) takes effect on May 25, 2018, and is intended to protect the data of European Union (EU) citizens.
As a company that markets its Website, content, products and/or services online, we do not specifically target our marketing to the EU. If the data you provide to us in the course of your use of our Website, content, products, and/or services is governed by GDPR, we will abide by the relevant portions of the Regulation.
If you are a resident of the European Economic Area (EEA), or are accessing this Website from within the EEA, you may have the right to request: access to, correction of, deletion of; portability of; and restriction or objection to processing of your personal data, from us. This includes the “right to be forgotten.”
7. Accuracy of Personal Information. We will use reasonable efforts to keep personal information accurate for the Identified Purposes, and for minimizing the possibility of making inappropriate user decisions based on such information. Users are responsible for informing NeuroGym about changes to their personal information. NeuroGym will use new or updated personal information it receives from users to update its own records.
8. Security Safeguards. NeuroGym will use commercially reasonable efforts to protect user’s personal information.
9. Access to Personal Information. NeuroGym will afford you a reasonable opportunity to review the personal information in your file only, upon request to the Director of Operations at [email protected] or by writing to:
PO BOX 5005, #138
Rancho Santa Fe, CA 92067
If NeuroGym is not able to provide access to some aspect of a user’s personal information, it will provide reasons for denying access such as: that by doing so would likely reveal personal information about a third party, or that it is confidential commercial information or attorney-client privileged communications, or that the information relates to a breach of an agreement or a contravention of law, or that its disclosure could reasonably be expected to threaten the life or security of another individual.
Users have the right to request that inaccurate or incomplete information be amended as appropriate, by contacting NeuroGym at [email protected]. NeuroGym will promptly correct such personal information.