Terms of Service
Last Updated: January 30, 2024
Introductory Provisions
These terms govern Neuralift's network of websites, including neuralift.ai, email newsletters, apps, and interactive features operated by Neuralift, Inc. ("Neuralift" or "we").
By accepting these terms, you represent that you are at least 18 years old and agree to be legally bound by all conditions stated herein.
1. Website Access License & Updates
Neuralift grants a limited, revocable, non-exclusive license for website access. The license explicitly prohibits:
- Commercial resale or use
- Collection of product listings or pricing data
- Derivative works or data mining
- Use of automated gathering tools
Users cannot impose unreasonable infrastructure loads, interfere with website operations, or bypass access restrictions.
2. Copyright & Ownership
All website content—text, graphics, photographs, images, sound, and illustrations—remains owned by Neuralift or its licensors. Copyright and intellectual property protections apply to all elements.
Users may not modify, copy, distribute, transmit, or reproduce materials except as permitted by copyright law.
3. Trademarks & No Endorsement
Neuralift's marks, logos, and brand elements cannot be used without prior written consent. Use implying Neuralift endorsement requires explicit permission.
4. Account Registration & Security
Registration requirements:
- Provide truthful, accurate, current, and complete information
- Maintain updated Registration Data
- Neuralift may suspend/terminate accounts with false information
User responsibilities:
- Maintain password confidentiality
- Assume full accountability for account activity
- Notify Neuralift of unauthorized use immediately
- Take appropriate security precautions
5. User Submissions Policy
Solicited submissions: When Neuralift specifically invites content submissions (blog comments, community participation, tips), users retain intellectual property rights.
License grant: By posting, users grant Neuralift a non-exclusive, perpetual, irrevocable, royalty-free license to use submitted content.
Rights scope: Neuralift may reproduce, modify, adapt, publish, translate, create derivatives, and sublicense content worldwide in perpetuity.
Prescreen rights: Neuralift reserves discretion to refuse or remove content without obligation to prescreen.
6. Advertising Rights
Neuralift retains rights to sell, license, and display advertising related to user submissions. Neuralift and affiliates retain all revenue from such sales.
7. Third-Party Links
Neuralift is not responsible for third-party websites, content, or information accessible through links. No endorsement or warranty applies to external sites.
8. Transactional Partners
When partnering with other companies, users transact directly with partners. Partner terms of service apply alongside these terms, with partner terms prevailing in conflicts.
9. Inappropriate Material Prohibition
Users cannot post:
- Unlawful, threatening, or defamatory content
- Obscene or pornographic material
- Content encouraging criminal conduct or civil liability
- Violations of any law
Neuralift may ban users, remove comments, and cooperate with law enforcement regarding violations.
10. Payment & Fees
Neuralift and vendors bill bank cards or alternative payment methods for purchases. Users represent they are authorized card users.
Users reimburse Neuralift for collection expenses, including attorneys' fees and legal costs. Users pay for all internet and telecommunications services needed for website access.
11. Access & Interference Restrictions
Users cannot use automated means (robots, spiders, scrapers) to access the website without express written permission. Prohibited actions include:
- Imposing unreasonable infrastructure loads
- Interfering with website operations
- Bypassing access prevention measures
12. Right to Takedown Content
Neuralift won't monitor or disclose email contents except during maintenance or when legally required, or to:
- Comply with law or legal process
- Protect Neuralift's rights and property
- Protect user safety in emergencies
Neuralift may edit, refuse, or remove material without notice at its sole discretion.
13. Representations & Warranties
Users represent they:
- Are over 18 years old
- Have authority to enter the agreement
- Are competent to satisfy all terms and conditions
- Will comply with applicable laws
- Have read and understand all provisions
14. Disclaimers
YOUR USE OF THE WEBSITE AND THE SERVICES ARE AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
No warranty applies to accuracy, completeness, or timeliness of information. No oral or written advice creates additional warranties beyond those expressly stated.
15. Limitations of Liability
Neuralift does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer.
Neuralift is not liable for indirect, special, punitive, incidental, or consequential damages, including lost profits or business interruption, regardless of the legal theory (warranty, contract, tort).
Neuralift's total liability is limited to the greater of $25 or the value of services purchased.
16. Indemnity
Users agree to defend, indemnify, and hold Neuralift harmless from liabilities, costs, and expenses (including attorneys' fees) related to:
- Website use or message transmission
- Violation of this Agreement
- Infringement of third-party rights
- Violation of law
- User Submissions
- Unauthorized account access
17. Release
Users release Neuralift from claims arising from disputes with other website users.
18. Termination
Either party may suspend or terminate accounts at any time for any reason. Users remain liable for pre-termination charges. Neuralift may block access if users:
- Breach these Terms
- Fail verification
- May cause financial loss or legal liability
19. Force Majeure
Neither party is responsible for delays or failures caused by uncontrollable events: fire, explosion, power failure, water, acts of God, war, civil unrest, government action, labor disputes, or supply chain disruptions.
20. Privacy
Data collection and use practices are detailed in Neuralift's Privacy Policy.
21. Dispute Resolution & Arbitration
21.1(a) Applicability
Disputes relating to website use are resolved through binding arbitration rather than court, except:
- Small claims court claims qualify
- Intellectual property infringement claims may seek equitable relief
This applies to all claims, including those arising before these Terms' effective date.
21.1(b) Arbitration Rules & Forum
The Federal Arbitration Act governs this agreement. To initiate arbitration, send a letter to:
National Registered Agents, Inc.
155 Federal Street, Suite 700
Boston, MA 02110
Arbitrator: JAMS (Judicial Arbitration and Mediation Services)
- Claims under $250,000: JAMS Streamlined Arbitration Rules
- Larger claims: JAMS Comprehensive Arbitration Rules
Neuralift covers JAMS fees for claims under $10,000 unless deemed frivolous.
21.1(c) Arbitrator Authority
The arbitrator has exclusive authority to:
- Determine scope and enforceability
- Resolve disputes regarding interpretation and formation
- Award monetary damages and non-monetary relief
- Issue written decisions with findings and calculations
21.1(d) Jury Trial Waiver
YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
21.1(e) Class Action Waiver
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. Individual relief only; claims of multiple users cannot be consolidated.
21.1(f) 30-Day Opt-Out Right
Users may opt out within 30 days by sending written notice to help@neuralift.ai including:
- Full name and address
- Neuralift username (if applicable)
- Email address used for account setup
- Unequivocal statement of opt-out intent
21.1(g) Severability
If portions are unenforceable, those specific parts are severed while the remainder continues.
21.1(h) Survival
The Arbitration Agreement survives relationship termination.
21.1(i) Modification
Neuralift may modify this agreement, but users may reject material changes within 30 days by notifying help@neuralift.ai.
23. General Provisions
Governing law: New Jersey law applies, consistent with the Federal Arbitration Act.
Jurisdiction: Exclusive jurisdiction in state and federal courts of Livingston County, New Jersey.
Severability: Invalid provisions are struck; remaining provisions are enforced.
Assignment: Neuralift may automatically assign these Terms at its discretion.
Entire agreement: These Terms constitute the complete understanding between parties regarding the subject matter.
24. Entire Agreement
These terms and conditions represent the entire agreement between user and Neuralift and supersede all prior understandings or agreements (written or oral).
25. Additional Assistance
For questions or clarification, contact Customer Service at help@neuralift.ai.
26. Copyright Notice
All Website design, graphics, text selections, arrangements, and all software are Copyright © 2023, Neuralift, Inc. or its licensors. ALL RIGHTS RESERVED.