Last Updated: May 1, 2021
1. OUR SERVICES DO NOT PROVIDE ANY MEDICAL ADVICE. Information provided through the Services is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other health-care professional. You should not use the information on the Site or obtained through the Services for diagnosing or treating a health problem or disease, prescribing any medication or other treatment, or discontinuing any prescribed medication or treatment. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Services.
2. We do not recommend or endorse any specific third party (i.e. not directly affiliated with Neurologix) professionals, tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by us, our consultants, dietitians, coaches, our employees, and others appearing on Site (at our invitation or other visitors to the Site) is at your own risk. All products offered through the Services (“Products”) and Services are intended for healthy adults only. Site Members must be 18 years or over.
3. The use of the Services does not create a professional-client relationship (including relationship between Members and Registered Dietitians). Information provided through the Services and the use of any Products by you DOES NOT create a doctor-patient relationship between you and any of the consultants affiliated with our web site.
4. If you have or suspect that you have a medical problem, promptly contact your healthcare provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read or heard through the Services.
5. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. Consult your healthcare professional prior to use if you have or suspect a medical condition, are taking prescription drugs, are or may be pregnant, are seeking to get pregnant, or are lactating.
6. You should always speak with your physician or other healthcare professional before taking any medication or nutritional or herbal supplement, changing or adopting any exercise regiment, engaging in vigorous exercise or physical activity, or adopting any treatment for a health problem.
7. You should carefully read all product packaging and instructions for any Products or Services.
OUR TERMS OF SERVICE (“TERMS”)
1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services or Products.
3. Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 17(f) “Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Who May Use the Services?
(a) Eligibility. You may use the Services only if you are 18 years or older and capable of forming a binding contract with Neurologix and are not barred from using the Services under applicable law. Our Site and Products are intended and authorized for use and sale within the United States only at this time.
(b) Registration and Your Information. You’ll have to create an account if you want to use certain features of the Services (“Account”), such as register for certain promotions that we may offer from time to time, post a Product review, or become a Neurologix Member. You can do this via the Site. You agree not to use the Site for any of the following purposes:
• Posting any information which is inaccurate, untrue;
• Posting information that is not your own;
• Posting or communicating any material that infringes on any intellectual property or privacy right of another person or entity;
• Engaging in conduct that would constitute a criminal offense;
• Engaging in conduct that would give rise to civil liability;
• Engaging in conduct that would violate any law or regulation; or
• Attempting to interfere in any way with the Site’s or Neurologix’ network security.
(c) Accuracy of Account Information. It’s important that you provide us with accurate, complete, and up-to-date information for your Account and you agree to update such information to keep it accurate, complete, and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone, and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
5. Feedback. We welcome feedback, comments, and suggestions for improvements to the Services and Products (“Feedback”). You can submit Feedback by emailing us at [email protected] You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
6. Purchase of Products. You may purchase Products in our online store accessible on the Site. All Products, specifications, warnings and disclaimers, and prices described on the Site are subject to change at any time without notice.
(a) Payments. When you purchase a Product and make a payment via the Site (each such purchase, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (collectively “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
(b) Prices. Prices for the Products may be displayed in US dollars or in local currency, depending on the location from which you access the Site.
(c) Shipping. Products purchased via the Site will be shipped to the address you designate as the shipping address during the check-out process. Shipping restrictions may apply. We will contact you via email at the time of your purchase if shipping restrictions apply to you. Unfortunately, Neruologix Products are available for shipping within the United States only at this time. Neurologix will not be liable for packages refused or held for delivery or products damaged in transit. Please note that refunds will not be issued for any order that is refused or abandoned by the intended recipient, or orders that can’t be delivered due to an address error..
6.1 Subscriptions; Cancellation Policy
Subscriptions. Subscribers to our Products receive shipments approximately every four weeks. Each formulation is shipped in a bottle containing approximately a one-month quantity (30 servings).
Neurologix provides an automatically recurring subscription service. As part of the our subscription service, approximately every four weeks you will receive a package from Neurologix including your order of dietary supplements. You can find specific details regarding your order by accessing the Site and accessing your Account details.
WHEN YOU PURCHASE SUBSCRIPTION PRODUCTS OR SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) NEUROLOGIX (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTOMATICALLY AUTHORIZED TO CHARGE YOU APPROXIMATELY EVERY FOUR WEEKS FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOU ACKNOWLEDGE AND AGREE THAT NEUROLOGIX WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR SUCH AUTOMATIC, RECURRING PAYMENTS.
Cancellation Policy. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL. YOU MAY CANCEL AT ANY TIME BY EMAILING US AT [email protected], BUT IF YOU CANCEL AFTER YOUR NEXT SHIPMENT HAS BEEN PREPARED OR SHIPPED YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION.
In the event you cancel your Subscription, please note that we may still send you promotional communications about Neurologix, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
Product Warranty. If you are dissatisfied with a Product or ingredient for any reason, please contact us at [email protected] within thirty (30) days of the date your first order was received and we will either replace the Product at our expense or, depending on the circumstances, provide you a full or partial credit or refund of the purchase price for that item. We may require the return or photographic documentation of any Product with which you are dissatisfied before we provide you a replacement, credit, or refund.
6.2 Fraud Prevention Policy
All orders are reviewed for fraud or other types of unauthorized activity. We reserve the right to review and refund or not process an order due to suspected fraud or unauthorized activity. We reserve the right to cancel any Accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. For any questions please reach out to us via email at [email protected]
7. Offer Codes; Spokespeople; Refer-a-Friend Program; SMS Program.
(a) Offer Codes. From time to time, Neurologix may offer promotional or offer codes that are redeemable towards a purchase of Products on the Site, subject to expiration dates, minimum purchase order, Product exclusions and any other restrictions as may be determined and communicated by Neurologix in its sole discretion (“Offer Codes”). Only valid Offer Codes provided by Neurologix will be honored by Neurologix. Each Offer Code offered by Neurologix (i) is non-transferable, (ii) is valid for one single purchase on the Site, (iii) cannot be redeemed for cash or any cash equivalent. Offer Codes cannot be used towards purchase of non-Neurologix branded merchandise, taxes, or shipping charges. Neurologix is not responsible for any unauthorized use of Offer Codes. The monetary value of the Offer Code will not be refunded or credited back if the Product purchased using the Offer Code is returned. Offer Codes are void if copied, transferred, sold, exchanged or expired, and where prohibited.
Coupon codes are provided for individual use only on first-time purchases and are subject to a maximum order value. Neurologix reserves the right to review and refund any order deemed in excess of personal usage, including orders over $300 before discount applied. Codes and offers are not retroactive and price adjustments will not be issued to orders placed prior to the start of any promotion. This offer is subject to change without notice. Other terms and conditions may apply to discount codes. If other terms and conditions apply, they will appear at the time of discount code access or purchase.
(c) Offer Codes from Spokespeople. From time to time, Neurologix may engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of our brand. If you receive an Offer Code from a third-party source, please note that such individual may have been compensated by Neurologix for his or her statements.
(f) By opting into receive SMS/MMS communications from Neurologix you agree to receive recurring automated text messages (SMS and MMS) at the phone number provided. Consent is not a condition to purchase. Message and data rates may apply. You may unsubscribe at any time by replying STOP.
8. Content Ownership, Responsibility and Removal.
(a) Definitions. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (ii) “User Content” means any Content that Site visitors (including Account holders) provide to be made available through the Services, including Product reviews. User Content also includes Content that explicitly refers to Neurologix, the Products or the Services that you submit or make available through third-party websites or platforms, e.g. social media sites or pages that are owned or operated by you (“SNS User Content”). Neurologix has no obligation to make any User Content available on the Site.
(b) Our Content Ownership. Neurologix does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Neurologix and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
(c) Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant to Neurologix a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content to you and to other Site visitors. In addition, you hereby grant to Neurologix a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your SNS User Content in connection with operating and providing the Services and Content to you and to other Site visitors, subject to the terms and conditions of the third-party website or platform to which the SNS User Content was submitted.
(d) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all of your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms.
(e) Rights in Content Granted by Neurologix. Subject to your compliance with these Terms, Neurologix grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
(f) Sponsored Content. From time to time, Neurologix may make available through the Services Content that is sponsored by third parties.
9. General Prohibitions and Neurologix Enforcement Rights. You agree not to do any of the following:
(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
(b) Use, display, mirror or frame the Services or any individual element within the Services, Neurologix’ name, any Neurologix trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Neurologix’ express written consent;
(c) Access, tamper with, or use non-public areas of the Services, Neurologix’ computer systems or network, or the technical delivery systems of Neurologix’ providers;
(d) Attempt to probe, scan or test the vulnerability of any Neurologix system or network or breach any security or authentication measures;
(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Neurologix or any of Neurologix’ providers or any other third party (including another user) to protect the Services or Content;
(f) Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Neurologix or other generally available third-party web browsers;
(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(h) Use any meta tags or other hidden text or metadata utilizing an Neurologix trademark, logo URL, or product name without Neurologix’ express written consent;
(i) Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source-identifying information;
(k) Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;
(l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
(n) Impersonate or misrepresent your affiliation with any person or entity;
(o) Violate any applicable law or regulation; or
(p) Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content (including without limitation Product reviews), we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
10. DMCA/Copyright Policy.
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Site by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe that anything on the Site infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:
2715 SE 8th Avenue, Suite 165
Portland, Oregon 97202
Email: [email protected]
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, 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.
11. Links to Third Party Websites or Resources. The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
12. Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at [email protected] Upon any termination, discontinuation or cancellation of the Services or your Account, all Sections which by their terms should reasonably be construed to Survive, shall Survive including the following Sections: 8(a), 8(b), 8(c), 13, 15, 16, 17, and 18.
13. Warranty Disclaimers. WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR SITES OR IN OUR PROVISION OF SERVICES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER, OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS, SERVICES, AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, FACTORS THAT AFFECT YOU AS AN INDIVIDUAL, AND THE INHERENT SUBJECTIVITY AND VARIABILITY OF OUR ANALYTICAL TOOLS AND SERVICES PROFESSIONALS.
THE SERVICES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, ALL PRODUCTS AND THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEUROLOGIX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES, CONTENT AND PRODUCTS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SITES OR PRODUCTS WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
WE RESERVE THE RIGHT TO CHANGE ANY AND ALL CONTENT AND TO MODIFY, SUSPEND, OR STOP PROVIDING ACCESS TO THE SITES (OR ANY FEATURES OR FUNCTIONALITY OF THE SITES) AND THE PRODUCTS AT ANY TIME WITHOUT NOTICE AND WITHOUT OBLIGATION OR LIABILITY TO YOU. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, VENDOR, OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP, OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY US.
14. Indemnity. To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Neurologix, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “Neurologix Parties”), from and against all actual or alleged Neurologix Party or third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including but not limited to damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content, or Products, (b) any User Content you create, post, share, or store on or through the Sites, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, or (f) any third party’s use or misuse of the Sites or Products provided to you. You agree to promptly notify Neurologix of any third-party Claims and cooperate with the Neurologix Parties in defending such Claims. You further agree that the Neurologix Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Neurologix.
15. Limitation of Liability; Release. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEUROLOGIX OR ANY OF THE OTHER NEUROLOGIX PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME, OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITES OR CONTENT, THE ORDER, RECEIPT, OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM NEUROLOGIX, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO NEUROLOGIX’ RECORDS, PROGRAMS, OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (A) FOR CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT, OR USE OF PRODUCTS PURCHASED FROM THE NEUROLOGIX SITE, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF NEUROLOGIX AND THE OTHER NEUROLOGIX PARTIES (JOINTLY) EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) FOR CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO ACCESS OR USE OF THE SITES OR CONTENT, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF NEUROLOGIX AND THE OTHER NEUROLOGIX PARTIES (JOINTLY) EXCEED THE GREATER OF $250 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE NEUROLOGIX AND THE OTHER NEUROLOGIX PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, AND LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT, AND FOREVER DISCHARGE NEUROLOGIX AND THE OTHER NEUROLOGIX PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH NEUROLOGIX PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
ACCESS TO THE NEUROLOGIX OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS, AND/OR SERVICES OFFERED BY AND/OR THROUGH THE NEUROLOGIX OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF NEUROLOGIX SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Oregon, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 “Dispute Resolution” the exclusive jurisdiction for all Disputes (defined below) that you and Neurologix are not required to arbitrate will be the state and federal courts located in the State of Oregon, and you and Neurologix each waive any objection to jurisdiction and venue in such courts.
17. Dispute Resolution.
(a) Mandatory Arbitration of Disputes. You and Neurologix each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Products, Services, or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. You and Neurologix agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Neurologix are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(b) Exceptions and Opt-out. As limited exceptions to Section 17(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at [email protected] or by regular mail at 2715 SE 8th Avenue, Suite 165, Portland, Oregon 97202 within thirty (30) days following the date you first agree to these Terms.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party is responsible for its own attorneys’ fees and expenses except to the extent provided under the AAA Rules or applicable law.
(e) Class Action Waiver. YOU AND NEUROLOGIX AGREE THAT WE EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(f) Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 “Changes to Terms or Services” above, if Neurologix changes any of the terms of this Section 17 “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [email protected]) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Neurologix’ message to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Neurologix in accordance with the terms of this Section 17 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
(g) Severability. With the exception of any of the provisions in Section 17(e) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
18. General Terms.
(a) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Neurologix and you regarding the Products, Services, and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Neurologix and you regarding the Services and Content. With the exception of the Class Action Waiver, if any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Neurologix’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Neurologix may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
(b) Notices. Any notices or other communications provided by Neurologix under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
(c) Waiver of Rights. Neurologix’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Neurologix. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
(d) Compliance with laws. You shall comply with all applicable laws, including, but not limited to, as applicable, the EU General Data Protection Regulation and its requirements related to capturing verifiable consent, obtaining parental consent, responding to data subject requests, complying with international data transfer laws and other requirements relating to personal information, data localization, cookies, and recordkeeping requirements.
19. Contact Information. If you have any questions about these Terms, the Products, or the Services, please contact Neurologix at [email protected]
Email: [email protected]
2715 SE 8th Avenue, Suite 165
Portland, Oregon 97202
*The information and content on this website is provided only for informational purposes. It is not meant in any way as a substitute for the professional advice provided by your physician or any other healthcare professional. The statements on this site have not been evaluated by the FDA. Our products are not intended to diagnose, treat, cure or prevent any disease.
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