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.