Terms & Conditions

Thank you for choosing Neurobic to become your health partner. By using Neurobic services, you agree that you will abide by these Terms & Conditions and are legally eligible to enter into the below agreement.

All the web pages and sub-domains at www.neurobic.com are owned by The Cognition Group and are governed by these Terms & Conditions. Hereafter, www.neurobic.com will be referred as ‘the Site’; The Cognition Group as ‘Company’, ‘us’ and ‘we’; you or any other service user as ‘User’, ’you’ or ‘Subscriber’; Terms & Conditions as ‘T&C’ under this agreement. Every part of the site comes under the Intellectual Property Rights of the company and belongs only to the company.

We may, from time to time and without notice, update or revise the T&C, and will notify the User through the Site. You can view the T&C through a link at the bottom of Home Page. The continuous use of the Site, following the updates, will imply the continuity of the agreement and you will be bound by the updated/revised T&C. This is a legally binding agreement and if you do not understand this agreement or do not agree to be bound by it, you are advised to stop using the services of the Site.

Violation of any clause under this T&C will lead to the termination of your subscription and your account being blocked. You agree that we are not required to notify the account termination under such conditions.

Content

All the content, including (but not limited to) text, graphics, games, applications, articles, illustrations and audio/video clips (hereafter referred to as ‘Content’) are the intellectual property of the Company and hence will be protected by copyright and/or trademark, pursuant to U.S. laws, international conventions, and other laws. You shall not modify, publish, transmit, transfer or sell (or participate in any such activity), reproduce, distribute, perform, display, or in any way exploit, any of the Content, application, materials, or Services in whole or in part.

You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Site. You may access the Content and other items displayed on the Site for personal use only. Downloading, copying or storing of any Content is prohibited without prior written permission from the Company, or from such other copyright holder as may be identified in such Content’s copyright notice.

Use or access of the Site does not grant you any rights in or to the intellectual property of the Company or any third-party.

All applications and games are the Company’s intellectual property and constitute the programming which may be considered a trade secret. Hacking or cracking any of such application or games will be considered a violation of IPR and you agree not to be involved in any such attempt or activity.

Registration

During the registration process, you are required to provide the Company with complete and accurate information. Failure to do so shall imply a breach of T&C, resulting in termination of your account with the Site. By completing the registration process, you officially become a User of Neurobic and hence agree to abide by the T&C. User shall be solely responsible for maintaining the confidentiality of passwords to User's Account(s).

User is solely responsible for all activity on User Account(s) and for the security of your computer systems. You agree to indemnify and hold the Company harmless for any improper or illegal use of your Account(s), including but not limited to illegal or improper use by someone who has received permission to use your Account(s). Your Account(s) is/are subject to termination if you or anyone using your Account(s) violates the T&C.

Consent to Receive Mail

Once Registered, User consents to receive periodic newsletters and other email communications from the Company regarding such matters, as customer service issues, new product offers and any other matters as the Company deems relevant. User has the right to opt out of certain newsletter and email correspondence; however, the Company reserves the right to email User at any time regarding issues related to User’s account and use of the Site and Service.

License

In consideration of your agreement to abide by the T&C, the Company hereby grants you a personal, non-exclusive, non-sublicensable, non- transferable, revocable license to access and use the Site and related Content, subject to said T&C and any other such conditions as may be set forth on the Site.

Subscriptions, Payments & Memberships

Subscriber needs to pay all applicable fees, as detailed on the Site, for the Services selected by Subscriber. The Company reserves the right to change its subscription fee and to incorporate any new charges, at any point of time, upon fifteen (15) days prior notice to Subscriber, which may be sent by email or posted on the Site.

Following such update, the use of services by the Subscriber will be considered as acceptance to the revised charge or other charges. If you disagree with the changes or the changes are unacceptable to you, you can cancel subscription to your account, at any point of time, by clicking on subscription. However, the Company is not obligated to refund any fees that have accrued to your Account(s) before the cancellation. Additionally, the Company will not prorate fees for any subscription

All payments will be routed through SSL encryption and the Company will not store any data related to User’s Credit Card. For all applicable fees and charges incurred, User is responsible, along with applicable taxes and all subscriptions made by you or by anyone that has used your Account(s), including your family or friends.

Access to Services

Subject to the T&C, the Company may offer to provide certain Services as are selected by Subscriber through the process provided on the Site. These services are solely for Subscriber’s own personal use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services the Company performs for Subscriber, as well as the offering of any content on the Site. The Company may change, suspend or discontinue said Services at any time, including the availability of any feature, database, or content. The Company may also impose limits on certain features and Services or restrict Subscriber’s access to parts or all of the Services without notice or liability.

Subscriber certifies to the company that, if subscriber is an individual (i.e., not an entity), said subscriber is at least 13 years of age. Subscriber also certifies that if Subscriber is an entity, all users of Subscriber’s username and password are at least 13 years of age. Likewise, if Subscriber is an entity, you certify that you are authorized to establish an Account(s), access, and use the Site and enter into and pay for any subscriptions on behalf of the Subscriber. You also certify that you are legally permitted to use the Services and access the Site and take full responsibility for the selection and use of the Services and access to the Site. The T&C are void where prohibited by law, and the right to access the Site and Services are revoked in such jurisdictions.

Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, internet service and long distance or local telephone service. Subscriber shall be solely responsible for ensuring that such equipment or ancillary services are compatible with the Services.

Termination & Refund Policy

You may terminate certain of the Services at any time through the ‘Your Account’ section. The Company may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of the Terms of Service. Any fees paid or accrued hereunder are non-refundable. After termination, User’s right to access the Site and its Content will immediately cease.

Upon termination of the Subscriber's Account(s), Subscriber’s right to use the Services, access the Site, and any Content as provided in the T&C will immediately cease. All provisions of the T&C which, by their nature should survive termination shall survive termination; including, without limitation, ownership provisions, warranty disclaimers, indemnity, medical disclaimer, limitations of liability and miscellaneous.

Other Websites Links

The Site contains links to various different websites and portals. The Company does not endorse any of these websites or portals and is not responsible for them. The Company shall not be liable for the reliability or accuracy of any associated link nor for any service associated with third party sites. The subscriber agrees that the Company shall not be liable for any loss or damage of any sort associated with the use of third party content.

Restrictions

Subscriber is solely responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, illegal or otherwise inappropriate activities are grounds for termination of Subscriber’s right to Services or to access the Site.

Warranty Disclaimer

To the maximum extent permitted by law, the Company and its parents, subsidiaries, affiliates, officers and/or employees expressly disclaim any and all warranties, express or implied, regarding the Site; including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. User agrees that use of the Site and Services are at his/her/its own sole risk and that the Services, Content, Site and any software are provided on an ‘as is’ basis, without warranties of any kind, either express or implied. The Company maintains the Site on a commercially reasonable basis and does not guarantee that you will have access to the Site. The information and Services may contain bugs, errors, problems or other limitations. You agree that your use of the Site and Services is at your sole risk. You will not hold the Company responsible for any damage that results from your access to or use of (or loss of access to or loss of use of) the Site, including, without limitation, any damage to any of your computers or data.

You expressly acknowledge that you have no right, based in property or otherwise, to any data created through or generated by your access to or use of the Site and/or Services. You acknowledge there is a risk of data loss, including catastrophic disk failure which could result in a loss of all data. you agree that you will not hold the Company responsible for any damage that results from such loss.

Limitation of Liability

in no event shall the Company or its parents, subsidiaries, affiliates, officers and/or employees be liable with respect to the Site or the Services for: (i) any amount in the aggregate in excess of the fees paid by subscriber therefore; (ii) lost profits, lost data, or failure to meet any duty including, without limitation, good faith and reasonable care arising out of your access to or use of the Site; or (iii) any indirect, incidental, punitive, special, exemplary, or consequential damages of any kind whatsoever. The company does not endorse, warrant or guarantee any third party product or service offered through the Site and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between the Company and you. You understand that the Site and Services would not be provided without such limitations.

Liquidated damages.

You acknowledge and agree that it would be difficult to ascertain the exact amount of damages that the Company would suffer as a result of the theft of Content, especially if stolen Content is exploited for commercial use on a website or any other digital medium. Therefore, you agree that, in the event you steal, copy without authorization or otherwise misappropriate Content, the Company is entitled to recover from you liquidated damages in the amount of five thousand ($5,000.00) dollars per graphic or image, and twenty thousand ($20,000.00) dollars per game, exercise, or application that is stolen, copied without authorization or otherwise misappropriated. You agree that this amount represents a reasonable, minimal, estimate of the damage that the Company would suffer but does not in any way limit actual damages, if so pursued. Any action by the company to enforce this section shall not be deemed a waiver of the Company’s right to pursue, at the Company’s sole discretion, any and all other remedies available to it under this agreement or by law.

Irreparable Injury

You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third party rights by you would cause irreparable injury to the Company and would therefore entitle the Company to injunctive relief without any additional showing of irreparable injury or harm.

Indemnity

Subscriber will indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and/or employees, harmless, including by paying costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of Subscriber’s access to the Site, use of the Services, the violation of the Terms of Use by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber's Account(s), of any intellectual property or other right of any person or entity.

Medical Disclaimer

The Company’s products and services and other Content available on the Site are not an attempt to practice medicine or provide specific medical advice. Use of this site does not establish a doctor-patient relationship. Any health information and links on the Site, whether provided by the Company or by contract from outside providers, is provided simply for your convenience. Additionally, the Site may contain links to external websites. Please consult with your physician.

Use of the Blog

By posting a message, uploading a file, or engaging in any other form of communication via the blog or the Site, you are granting the Company a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell any such plan, opportunity, messages, files or communications. You additionally agree to abide by the following rules in connection with your use of the blog area of the Site:

  • Not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
  • Not to impersonate any person or entity, including, for example, a Company employee or officer, a Site leader, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Not to post messages that contain material that is inappropriate, profane, defamatory, infringing, obscene, or indecent. This includes any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You agree to give attribution to others when you quote or paraphrase materials owned by others.
  • Not to upload files, or cause Subscribers to upload files, that contain viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of another's computer.
  • Not to conduct contests, distribute chain letters, or conduct ‘pyramid schemes’ or ‘multi-level marketing schemes’.
  • Not to violate any applicable local, state, national or international law in connection with your use of the blog area.

If you suspect that anyone is violating the above rules, you should report your concerns to Neurobic, immediately.

Prohibited Uses

Without limitation to other prohibited uses specified elsewhere in this Agreement, you are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation:

(a) Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access

(b) Attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization

(c) Interfering or attempting to interfere with Service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Services, overloading, ‘flooding’, ‘spamming’, ‘mail bombing’, or ‘crashing’

(d) Using the Site or Services to send unsolicited e-mail, including, without limitation, promotions or advertisements for products or services

(e) Forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services

(f) Attempting to modify. reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form. Any of the source code used by Company in providing the Site or Services. Any violation of system or network security may subject you to significant civil and/or criminal liability.

Privacy Policy

The Company’s Privacy Policy is hereby incorporated by reference into the T&C.

Copyright Policy

All information available through and from the Site is the property of the Company and is protected by copyright and other intellectual property laws. All rights reserved.

You may not reproduce, retransmit, disseminate, sell, publish, broadcast, or circulate any information you obtain from the Site without the express written consent of the Company. You are entitled to use the information from the Site only for your personal, non-commercial use.

Severability Waiver

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and shall be limited or eliminated to the minimum extent necessary so that the T&C shall otherwise remain in full force and effect and enforceable. The remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Requirement of Arbitration

By using the Site or Services, or downloading content from or registering for the Services, you thereby agree with the Company that, to the fullest extent permitted by law, you and the Company will resolve any arbitral claim (as defined below) by binding arbitration through the judicial arbitration and mediation services (‘jams’) in Newark, Delaware.

As used in this agreement, an ‘arbitral claim’ is any claim or dispute you have against or with the Company or company indemnified parties, or any claim the Company has against or with you, arising out of or relating to this Agreement, the Site, the Services or any advertising relating to the Site or Services, including the enforceability of this Agreement to arbitrate, but specifically excluding: claims by the company to enforce its intellectual property rights and/or to prevent or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage.

Moreover, neither party is precluded from seeking relief in a court located in Newark, Delaware, for provisional remedies, including temporary restraining orders, preliminary injunctions, and receiverships, pending arbitration or comprehensive litigation, to the extent authorized above. by using or downloading content from or registering for or using the Site or Services, you are further agreeing with the Company that neither you nor the Company will join any arbitral claim with the claim of any other person or entity in a lawsuit, arbitration or other proceeding; that no arbitral claim will be resolved on a class-wide basis; and that neither you nor the Company will assert an arbitral claim in a representative capacity on behalf of anyone else. by using or downloading content from or registering for or using the site or services, you also are agreeing with the Company that you and the Company hereby waive the right to a jury trial for any arbitral claim. if for any reason this Agreement to arbitrate is held not to apply to an arbitral claim, whether such arbitral claim is against you, the Company or a company indemnified party, both you and the Company still agree to waive trial by jury for that arbitral claim.

Miscellaneous

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Company shall not be liable for any failure to perform its obligations hereunder, where such failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including ‘line-noise’ interference). The Company may freely assign the T&C. The T&C shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof.

You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving San Francisco County, California as the legal forum for any dispute arising out of the T&C and/or or your access to or use of the Site and not precluded as an arbitral claim.

Both parties agree that the T&C are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of the T&C, and that all modifications hereto must be in a writing, signed by both parties, except as otherwise provided herein. If there is any conflict between the T&C and any additional terms, conditions, and rules posted by the Company on the Site, the Company shall resolve the conflict in its sole discretion. No agency, partnership, joint venture, or employment is created as a result of the T&C and you do not have authority of any kind to bind Company in any respect whatsoever.

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