NuroLux™ Terms of Service

Effective: 10.6.2023

Please carefully read these Terms of Service of Nurolux Inc. (“Nurolux” or “we” or “us”) and the Privacy Policy located at Nurolux.com , which is incorporated into these Terms of Service by this reference. These Terms of Service (or “Terms” or “Agreement”) apply to your use of our website at https://www.NuroLux.com/ (the “Site”) and the features made available to you on the Site, including NeuroNavigator™ assessments, Caregiver Academy and Caregiver/Care Plan Concierge Coaching. By visiting our Site and/or using or purchasing the features made available to you on the Site (collectively, the “Services”), you are agreeing to these Terms of Service.

THE SERVICES DO NOT REPLACE YOUR RELATIONSHIP WITH ANY MEDICAL PROVIDER OR PHARMACY. THESE SERVICES MIGHT NOT BE APPROPRIATE FOR YOU. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO YOU AND SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THIS AGREEMENT AND YOU MAY NOT USE THE SERVICES.

AUTO-RENEWAL NOTICE: SOME OF OUR SUBSCRIPTIONS FOR SERVICES ARE AUTO-RENEWING ON A RECURRING BASIS. THIS MEANS THAT WE WILL BILL THE CREDIT CARD THAT YOU PROVIDE TO US UPON YOUR INITIAL PURCHASE AND ON A RECURRING BASIS AT THE BEGINNING OF EACH RENEWAL PERIOD. BY SIGNING UP FOR RECURRING SUBSCRIPTION PLANS, YOU AUTHORIZE RECURRING CHARGES TO YOUR CREDIT CARD. Please see other terms below in Section 5 regarding your subscription to the Services, including with regard to terminating your subscription.

ARBITRATION NOTICE: PLEASE READ THE DISPUTE RESOLUTION PROVISION BELOW BECAUSE IT REQUIRES YOU TO MEDIATE AND ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH NUROLUX AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

From time to time, we may provide different or additional terms and conditions in connection with some of our Services (“Additional Terms”). For example, additional terms may apply to our subscription or membership agreements, or to our sale of products to you. In such cases, those Additional Terms will become part of your agreement with us if you use those Services. In the event of a conflict between the Additional Terms and these Terms, the Additional Terms will control for that conflict unless specified otherwise.

The Services are not intended for the use of children under 18 and no such person is authorized to use them. By using the Services, you are representing that you are at least 18 years old. You also represent, by accessing or using the Services, that you are of legal age to enter into legal agreements.

We reserve the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following the posting of changes indicates your agreement to and acceptance of the changes. The date of the last update of the Terms is indicated at the top of these Terms.

1. Privacy, Data Security and Protected Health Information

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. Additionally, by using the Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that transmissions to or through the Services may be intercepted by others, and users assume the risk of security breaches and all consequences resulting from them. In furtherance of the foregoing, users must safeguard their credentials. Please let us know immediately if you suspect that your credentials have been compromised. Please do not send us any sensitive personal information.

Protected Health Information. When you set up an account with us, you are creating a direct customer relationship with us that enables you to access and/or utilize the various functions of the Service as a user. As part of that relationship, you voluntarily provide information to us, including but not limited to, your name, date of birth, email address, and mobile phone number, that we do not consider to be “protected health information” or “medical information”. However, in using certain components of the Services, you may also voluntarily provide certain health or medical information that may be protected under applicable laws. At this time, Nurolux is not a “Covered Entity” or “Business Associate” as those terms are defined by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments (collectively, “HIPAA”). It is important to note that HIPAA does not necessarily apply to an entity or person simply because there is health information involved. However, we may, at a later date, based on a change in our business model or relationships with other entities, become subject to certain provisions of HIPAA with respect to “protected health information,” as defined under HIPAA, that you provide to us. In that case, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under this Privacy Policy. Protected Information does not include information that has been de-identified or anonymized in accordance with applicable laws.

2. Content

Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the Services is owned, controlled or licensed by or to Nurolux and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.

Except as expressly provided in these Terms, no part of the Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Nurolux’s express prior written consent.

Nurolux, the Nurolux logo, and all other related names and logos are trademarks or registered trademarks of Nurolux. All other names and logos on the Services are trademarks or registered trademarks of their respective owners, where applicable. Reference to any third party-owned trademarks herein is for informational purposes only and is not intended to indicate or imply any affiliation, association, sponsorship or endorsement by any owners of such third party-owned trademarks.

3. User Submissions, Feedback and Information

You acknowledge and agree that any submission, feedback, comments or suggestions you may provide regarding the Services either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) (collectively, “Submissions”) is non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms and is submitted by you in compliance with these Terms. Submissions that constitute feedback, comments or suggestions (collectively, “Feedback”) will be the sole and exclusive property of Nurolux and you hereby irrevocably assign to us all of your right, title and interest in and to all such Feedback, and Nurolux shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Feedback in any manner it chooses. With respect to all other Submissions, you hereby grant Nurolux an irrevocable, worldwide and perpetual license to use such Submissions as contemplated in these Terms.

You may not create, post, store or share any Submissions that violate these Terms (including, without limitation, the restrictions set forth in Section 4 below) or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your Submissions, and our use of such content as permitted by these Terms, will not violate any rights of, or cause injury to, any person or entity. Although we have no obligation to screen, edit or monitor Submissions, we may delete or remove Submissions at any time and for any reason with or without notice.

4. Your Use of the Services

The Services are for your personal use only. In connection with your use of the Services, you agree that you will not:

  • post, upload, publish, submit or transmit any material that: (a) 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; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive (as determined in our sole discretion); (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
  • violate any local, state, provincial, national, or other law or regulation, or any order of a court;
  • infringe, misappropriate or violate Nurolux’s or any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
  • interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • “scrape,” “crawl” or “spider” any web pages or other services contained in the Services;
  • display, mirror or frame the Services, or any individual element within the Services, Nurolux’s name, any Nurolux trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Nurolux’s express written consent;
  • access, tamper with, or use non-public areas of the Services, Nurolux’s computer systems, or the technical delivery systems of Nurolux’s providers;
  • attempt to probe, scan, or test the vulnerability of any Nurolux system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Nurolux or any of Nurolux’s providers or any other third party (including another user) to protect the Services or any of the content on the Services;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
  • use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

Any conduct by a user that in our discretion restricts or inhibits any other user from using or enjoying the Services is expressly prohibited.

Nurolux reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services, for any reason; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (3) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

5. Fees, Payments and User Subscriptions

By subscribing to the Services, you agree to pay the fees for the Services and any applicable taxes. You will be presented with the subscription options, the amount of the associated fees and whether the subscription is recurring prior to processing the transaction. Only valid payment methods acceptable to us may be used to complete a purchase via the Services. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and fees).

SUBSCRIPTIONS ARE AUTO-RENEWING ON A RECURRING BASIS. THIS MEANS THAT WE WILL BILL THE CREDIT CARD THAT YOU PROVIDE TO US FOR YOUR INITIAL PURCHASE (OR AT THE END OF A FREE TRIAL IF APPLICABLE) AND ON A RECURRING BASIS AT THE BEGINNING OF EACH RENEWAL PERIOD. BY SIGNING UP FOR THE SERVICES, YOU AUTHORIZE RECURRING CHARGES TO YOUR CREDIT CARD.

You may cancel your recurring subscription at any time by editing your user choices associated with your account profile (i.e., toggling to “off” the selection for auto-renewal). Annual subscribers may cancel their subscription within thirty (30) days of their subscription renewal and receive a refund for the unused portion of their subscription. For all other subscriptions, you must cancel your subscription thirty (30) days before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. We reserve the right to issue refunds at our sole discretion. If we provide a refund, we are not obligated to do so again in the future. We may cancel your subscription at any time upon notice to you. If we cancel your subscription for a reason other than for cause (such as your breach of these Terms of Use), we will issue you a refund for your unused portion of your subscription.

Except as expressly set forth herein, all fees are payable in US Dollars and are non-cancelable and nonrefundable.

Subscription fees are subject to change. If we change our rates, we will provide notice to you in advance of your renewal period and give you an opportunity to cancel.

Nurolux uses third parties not affiliated with us to process payments. Our relationship with such third parties is contractual in nature, as each such third party is a third-party vendor to Nurolux, and they are not subject to our direction or control; thus, the relationships are not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers- employees, partners, joint venturers or the like. You agree that the third party processors are solely responsible for controlling, handling, processing, or fulfilling purchases processed through its systems. You may be subject to additional terms of use and/or privacy policies of the third party processor when you purchase our Services.

From time to time we may offer free trials to, or introductory pricing for, the Services. These offers are available to you only if you have not previously been a subscriber to subscriber content. If you respond to a free trial or introductory pricing offer but do not qualify, we reserve the right to reject your order.

You agree to keep your account and payment information current at all times. To make changes to your payment or account information, please contact us at info@nurolux.com or make changes in your account settings.

6. Copyright Policy

We do not permit copyright infringing activities or infringement of intellectual property rights on the Services and will remove any such content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  • description of the copyrighted work that you claim has been infringed;
  • description of the material that you claim is infringing and where it is located on the Services;
  • identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at info@nurolux.com with “DMCA Notice” in the subject line.

Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation.

7. Links to Other Sites

The Services may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Nurolux’s control, and Nurolux is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.

We operate social media pages on third party networks and have social media icons on our website. Social media providers are unaffiliated with us, and we are not responsible for the content or privacy practices of social media providers. Social media providers have their own terms of use and privacy policies, and we encourage you to review those policies whenever you visit their websites or interact with their platforms.

8. Indemnity

You agree to indemnify and hold Nurolux, its affiliates, and all of their respective officers, directors, shareholders, owners, employees, agents, attorneys, licensors, representatives, licensees, contractors and suppliers (collectively, the “Nurolux Parties”), harmless from and against any and all losses, liabilities, claims, demands, damages, judgments, investigations, fines, penalties, settlements, interest, expenses (including attorneys’ fees), or other costs (collectively, “Claims”) that directly or indirectly arise from or are related to any claim, suit, action, demand or proceeding made or brought against any of the Nurolux Parties, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (a) your access to or use of our Services, or your conduct or activities in connection with the Services, including without limitation, any liability or damage that directly or indirectly may derive from your use of the Services, (b) your Submissions or Feedback; (c) your violation or alleged violation of these Terms or the Additional Terms; (d) your violation or alleged violation of any laws, rules, regulations, orders, codes, statutes or ordinances of any governmental or quasi-governmental authorities in connection with your use of our Services or your conduct in connection with our Services; (e) information or material transmitted through you or through your account or devices, even if not submitted by you, that violates, infringes, or misappropriates the rights of another (including but not limited to intellectual property rights, publicity or privacy rights); or (f) any misrepresentation made by you. You agree to promptly notify the Nurolux Parties of any third-party Claims, cooperate with the applicable Nurolux Parties in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims. Notwithstanding the foregoing, the Nurolux Parties retain the right to assume the exclusive defense and control of any Claims and have the exclusive right to settle such Claims. You will not settle any Claims without, in each instance, the prior written consent of the relevant Nurolux Party. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Nurolux or the other Nurolux Parties.

9. Disclaimer; Limitation of Liability

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED IN THE ADDITIONAL TERMS, THE SERVICES AND ALL TOOLS AND CONTENT OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS, AS AVAILABLE.” ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

NUROLUX WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE SERVICES. WHILE WE STRIVE TO ENSURE ALL CONTENT AND INFORMATION ON THE SERVICES IS CORRECT, WE DO NOT GUARANTEE THAT SUCH CONTENT AND INFORMATION IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE NUROLUX ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, NUROLUX CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE NUROLUX PARTIES OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD NUROLUX RESPONSIBLE FOR ANY BREACH OF SECURITY.

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL THE NUROLUX PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF THE NUROLUX PARTY(IES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, ANY OF THE NUROLUX PARTIES IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED TO THESE TERMS OR YOUR USE OF THE SERVICES, THE TOTAL AGGREGATE LIABILITY OF THE NUROLUX PARTIES FOR ANY AND ALL SUCH CLAIMS, REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO THE AGGREGATE AMOUNT YOU HAVE PAID, IF ANY, TO USE OUR SERVICES IN THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100 IF YOU HAVE NOT PAID ANY FEES FOR SERVICES.

BY USING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THE FOREGOING PARAGRAPHS APPLY REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR ANY OTHER LEGAL THEORY, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.

10. Violation of These Terms

You agree that Nurolux may, in its sole discretion, without prior notice and to the extent applicable, terminate your access to the Services and/or block your future access to the Services if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Services. You also agree that any violation by you of these Terms will cause irreparable harm to Nurolux for which monetary damages would be inadequate, and you consent to Nurolux obtaining any injunctive or equitable relief that Nurolux deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Nurolux may have at law or in equity.

11. Governing Law

You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of California excluding: (1) its conflicts of law principles; and (2) the United Nations Convention on Contracts for the International Sale of Goods.

12. Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO MEDIATE AND ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
The parties agree that in the event of any all dispute, claim, suit, or controversy arising out of or in any way connected with these Terms and the use of the Services (collectively, “Disputes”), the parties shall participate in a non-binding mediation in a good faith attempt to resolve the Dispute. The parties shall split mediation costs and each party shall bear its own attorney’s fees for the mediation. The mediation shall be held in San Diego, California.

Binding Arbitration. In the event non-binding mediation does not resolve the Dispute, you agree that to the fullest extent permitted by law the Dispute shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by these Terms. There shall be one (or if either party so requests, then by a panel of three arbitrators) appointed in accordance with the Rules, and you waive your rights to have any and all Disputes resolved in a court; provided, however, that this agreement to arbitrate does not extend to Disputes in which either party seeks (i) injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, (ii) the right to pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, or (iii) injunctive relief in a U.S. court of law. The language of the arbitration shall be English. The arbitration proceedings and decision of the arbitrator(s) shall be kept confidential (and may not be disclosed) by the parties or the arbitrator(s), except to the extent necessary to compel any award made by the arbitrator(s).

No Class Arbitrations, Class Actions or Representative Actions. Any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

Location. The location of the arbitration shall be in San Diego, California.

Authority of Arbitrator(s). As limited by the AAA Rules and these Terms, the arbitrator(s) will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator(s) do not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms, or to award punitive damages or any other damages that are not compensatory. The arbitrator(s) may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

Jurisdiction. To the extent that any lawsuit or court proceeding is permitted under these Terms, to the fullest extent permitted by law you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in San Diego, California for the purpose of litigating all such disputes. You also waive your rights to a jury trial.

Time Limit for Claims. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.

Severability of Dispute Resolution; Arbitration. In the event the provisions in this Dispute Resolution Section are held invalid or unenforceable, then this Dispute Resolution Section, in its entirety, will cease to apply, and the parties will not be obligated to arbitrate any Disputes.

13. Users Outside of the United States

Although the Nurolux website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

14. Text Messaging

If you opt in to text messaging, we use your mobile number to send you service-related announcements, such notifications to complete an assessment and appointment reminders. Also, you may choose to receive promotional texts from us based on preferences that you indicate. Participation in mobile messaging is optional and not a condition of purchase. By providing your mobile number and opting in to receive these communications, you are consenting to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. The frequency and number of messages you will receive will vary. Message and data rates may apply. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). When you opt-in to the service as noted above, we will send you an SMS message to confirm your signup. Text Messaging Opt-Out: You can cancel the SMS service at any time. Just text “STOP”. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. In some cases, you may continue to receive service-related notifications. If at any time you need assistance, just text “HELP”. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

15. Miscellaneous

When you access or use the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you via SMS, email or through the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may preserve these Terms in written form by printing it for your records, and you waive any other requirement that these Terms be evidenced by a written document.

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Services, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

All provisions of these Terms are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions. These Terms, together with our Privacy Policy and any other legal notices published by Nurolux, constitute the entire agreement between you and Nurolux with regard to your use of the Services. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of these Terms.

Nurolux’s failure to insist on or enforce strict performance of these Terms shall not be deemed a waiver by Nurolux of any provision or any right it has to enforce these Terms. Any such waiver must be in writing in order to be effective. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.

No joint venture, partnership, employment, or agency relationship exists between Customer and Nurolux as a result of this Agreement or use of the Services.

You may not assign any of your rights under this Agreement, and any such attempt will be null and void. Nurolux may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to this Agreement to any affiliate of Nurolux or to another third party in the event that some or all of the business of Nurolux is transferred to such other third party by way of merger, sale of its assets or otherwise.

Canada

The parties declare that they have required that these Terms and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.

Notice for California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Questions and Contact Information

Please contact us at info@nurolux.com if you have any questions about these Terms.