TERMS OF USE

Terms of Use and Community Guidelines

By accessing or using these Sites, you are deemed to have read, understand and agree to be bound by these Terms of Use and Community Guidelines regardless of whether you are a visitor to these Sites or a registered member. These Terms of Use govern your conduct associated with the services offered by Neurostorm to the extent of any conflict between Neurostorm’s Privacy Policy and the Terms of Use, these Terms of Use shall control.

Please note Visitors and Members shall collectively be referred to as “User(s)”. The right to use these Sites or any product or service offered by them, is personal to you and is not transferable to any other person or entity. We reserve the right to change these Terms of Use and Community Guidelines at any time, and you agree to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality that augment or enhance these Sites shall be subject to these Terms of Use and Community Guidelines conditions. Your use of these Sites constitutes your agreement to these Terms of Use and Community Guidelines.

Rules of Conduct, Submitting Content and Using Neurostormnutrition.co

Effective Date July 27, 2023.

 

1. Neurostorm Responsibilities

 

The Neurostormnutrition.co moderators will not look at every post, photo, video, or comment made on these Sites nor do we guarantee the integrity of every member on the Site. These Sites are not responsible if information made available on these Sites is not accurate, complete or current. We reserve the right to modify the contents of these Sites at any time (including removing postings, lock postings, warn members, suspend accounts, and/or cancel accounts without prior notice), but we have no obligation to update any information on these Sites.

Our Sites and the Community Areas including such content as text, videos, pictures, audio, graphics, music and sound is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries and we have all rights therein. Each third party content provider owns the copyright in content original to it. Except as otherwise expressly permitted under copyright law all individual articles, blogs, videos, content and other elements comprising our Sites are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, these Sites with or without notice.

 

2. User Responsibilities

 

You must be 18 years of age or older to provide information through these Sites. By using these Sites you represent that you are at least 18 years of age.

You shall be solely responsible for your own submissions and the consequences of posting or publishing them. You hereby grant to these Sites and its affiliates the worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the Community Areas.

You are solely responsible for reading and complying with any supplemental terms and/or rules, including, without limitation, those for any contests, sweepstakes, promotions or other additional features made available on the Site.

By submitting your email address in connection with content you have submitted such as rating and review, your Questions or Answer, you agree that Neurostormnutrition.co and its third party service providers may use your email address to contact you about the status of your review, Questions or Answers and other administrative purposes.

By submitting any content to Neurostormnutrition.co, you represent and warrant that:

You are the sole author and owner of the intellectual property rights thereto; all “moral rights” that you may have in such content have been voluntarily waived by you; all content that you post is accurate;

you are at least 18 years old; and that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

Any sponsored athlete, brand ambassador, affiliate or paid referral that manipulates or takes advantage of the coupon code sharing will be terminated immediately and they will forfeit any and all commissions due and/or outstanding, no commissions will be paid to them. This includes anyone sharing their discount codes on any website (including Neurostormnutrition.co) in product reviews and on any discount or coupon code sharing website, or spamming social media profiles, pages and/or posts that they do not own with their discount code.

 

3. License

 

These Sites, including all of its contents, such as text, images, and the HTML or other code used (“Materials”) are Neurostormnutrition.co’s property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from these Sites, in whole or in part, for any public or commercial purpose without our prior, specific written permission. We grant you a personal, non-exclusive, non-transferable license to access our Sites and to use the information and services contained here.

In turn, you grant us a non-exclusive, world-wide, royalty-free license to use any content you post on these Sites, or through these Sites, for any purpose, subject to the express terms of this Agreement.

 

4. Conduct on the Site

 

By accessing the Site, you agree to the following rules of conduct. You or third parties acting on your behalf are not allowed to frame these Sites or use frames or utilize framing techniques or technology to enclose any content included on these Sites without Neurostormnutrition.co's express written consent.

Additionally, you may not utilize any site content in any meta tags or any other “hidden text” techniques or technologies without Neurostormnutrition.co’s express written consent. You agree and warrant that you shall not distribute, submit or publish any content: that is known by you to be false, inaccurate or misleading; that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; that violates any law, statue, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);that is, or may reasonably be considered to be, illegal, obscene, sexually explicit, insulting, vulgar, defamatory, libelous, hateful, abusive, excessively violent, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; You agree to not abuse the variety of tools Neurostormnutrition.co provides for member interaction for the purpose of spamming users. We look for certain user behaviors to determine whether an account is spamming and will terminate the account of the abuser.

You agree to not impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.

You understand the Site is available for your personal, non-commercial use only, and you agree not to use the Site for commercial activities or sales. Additionally, you may not ask members for help in the form of money, gifts, or donations.

You agree to not use the Site in any unlawful manner or otherwise inconsistent with all applicable laws and regulations or in a manner that could damage, disable, overburden or impair the Site.

You agree to not submit any content to the Neurostormnutrition.co Ratings and Reviews and the Customer Answers for which you were compensated or granted any consideration by any third party or include any information that references other websites, addresses, email addresses, contact information or phone numbers.

You will not attempt to interfere in any way with Neurostormnutrition.co’s site networks or network security, or attempt to use these Sites to gain unauthorized access to any other computer system, or attempt to post or transmit any information that constitutes a computer viruses, worms or other potentially damaging computer programs or files.

You will not engage in conduct constituting or encouraging conduct that would constitute a criminal offense giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol.

Neurostormnutrition.coreserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these Terms of Use and Community Guidelines. Accounts that are inactive for more than one year may be removed without further notice.

 

5. Security Rules

 

Violations of system or network security may result in civil or criminal liability. Neurostormnutrition.co will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the App, including, without limitation, the following:

 

1. Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to Neurostormnutrition.co sites, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services;
4. Reverse engineering, reconstructing, copying, preparing derivative works or otherwise imitating the App.
5. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
6. Attempting to obtain information or account access from or about any user, host or network via any means including, without limitation, impersonation, false representations, “phishing” or “pharming” or misrepresentation.

 

 

6. Content Materials You Submit

 

We are not responsible for the content users post on these Sites. You accept sole responsibility for any material you may submit via the Site including photos, messages, text, information, videos, User profiles (such as your name and User profile image or avatar), and any other content that you upload, share, publish or display on or through the Site. You may not upload to, post, transmit, distribute or share User Generated Content or “UGC” on this Site that you did not create or that you do not have permission to share. You may not post or upload to these Sites any content that (i) is confidential, proprietary, false, fraudulent, defamatory, obscene, threatening, invasion of privacy or publicity rights, infringing on intellectual property rights, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise create liability or violate any law; or (iii) may contain software viruses, political campaigns, mass mailings, chain letters, or spam. You warrant that any UGC you post, transmit, or share is owned by you or you have obtained permission for its use. The UGC does not reflect our opinions or views and under no circumstances are we liable in any way for UGC, including, but not limited to, errors or omissions or any loss or damage of any kind incurred as a result of the use of or reliance on any UGC. You understand and agree we have the right, but no obligation to archive or to not publish, or make Forum discussion “Read Only”, or to modify or remove Site Content or UGC (without notice or liability) if we, in our discretion, consider the UGC to be in violation of these Terms of Use and Community Guidelines or otherwise harmful to these Sites.

By posting UGC to these Sites, you understand and agree you grant Neurostormnutrition.co and its affiliates an unrestricted, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, reproduce, adapt, translate and distribute such UGC for any purpose, commercial, advertising, or otherwise, throughout the world in any media. Neurostormnutrition.co does not assert any ownership over your UGC. You understand and agree your UGC is as between us and you, subject to the rights granted to the Site in these Terms, you retain full ownership of all your UGC and any intellectual property rights or other proprietary rights associated with your UGC. By using these Sites, you represent and warrant that you own or otherwise control all the rights to the content, and that you will be responsible for paying all royalties and other fees that might be due to any person or entity; and that you will indemnify Neurostormnutrition.co for all claims resulting from content you supply. You are not entitled to any compensation for UGC you post on these Sites unless otherwise agreed upon. Neurostormnutrition.co does not guarantee that you will have any recourse through Neurostormnutrition.co to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Neurostormnutrition.co reserves the right to remove or tor refuse to post any submission for any reason.

 

7. Notice of Abuse

 

If you become aware of any abuse of Neurostormnutrition.co, misuse by a Site user, use in violation of these Terms of Use and Community Guidelines, or use by an individual who is not eligible for Site access, please report that circumstance to us at support@neurostormnutrition.com and we will investigate and take responsive action. If you are the parent of a child under the age of 18 you may instruct us to terminate the account of your own child upon satisfactory showing of your authority.

 

8. Termination Back to top

 

You may remove your UGC from the Site at any time, and you may terminate your membership at any time by logging into your account and following the instructions in your User profile.

Neurostormnutrition.coreserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these rules for Community Guidelines. Additionally, accounts that are inactive for more than one year may be removed without further notice.

 

9. Links to Other Sites

 

Members will find advertising or other content on our Site that link to the site and services of our partners, suppliers, affiliates, advertisers and other third parties. We provide links to other sites we think you may enjoy or access the information contained therein. We do not endorse, take responsibility for, monitor or check for accuracy, appropriateness or completeness of any Third-Party Content. If you decide to leave the Site and access the Third-Party Sites or to use any Third-Party Content, you do so at your own risk. You understand and agree to release the Neurostormnutrition.co from any and all liability, direct or indirect, and for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any Third-Party Content, whether appearing on the Site or on a Third-Party Site. Additionally, Site widgets or other Site content may be included on web pages and web sites that are not associated with us and of which we have no control. These sites operate independently of Neurostormnutrition.co and have established their own privacy and security policies. For the best online experience, we encourage you to review these policies before submitting any Personal Information through these sites.

 

1. Copyright Complaints

 

You may not use the Site for any purpose or in any manner that violates the rights of any third party. We respect the intellectual property rights of others and prohibit users from uploading and posting materials that infringes another party’s intellectual property rights. If you believe that your material has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a 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; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner of authorized to act on the copyright owner’s behalf. Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:

Copyright Agent: support@neurostormnutrition.com

It is often difficult to determine if your intellectual property rights have been violated or if the Digital Millennium Copyright Act (DMCA) requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove or disable access to the allegedly infringing material pending resolution of the matter. We will terminate the accounts of users that we determine are repeat infringers.

Please note that under Section 512(f) of the Copyright Act any person who makes false claims that material or an activity is infringing may be subject to liability for damages.

 

1. Updates to Our Community Guidelines

 

Neurostormnutrition.coreserves the right to change, modify, add or remove any portion of this policy to reflect changes in our business practices and service offerings. The most recent version of the Community Guidelines will be posted on the Site. It is your responsibility to check for changes we make to the Community Guidelines. Your use of the Site after any changes to the Community Guidelines or other policies indicates to us you accept the changes. We will also notify you of any material changes in the way we treat your information by placing a prominent notice on our site or sending a notice to the primary email address specified in your account.

 

2. Proprietary Rights

 

As between you and Neurostormnutrition.co, (or other company whose marks appear on or via these Sites). Neurostormnutrition.co (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on these Sites, and is the copyright owner or licensee of the Content and/or information on these Sites, unless otherwise indicated.

Except as otherwise provide herein, use of these Sites does not grant you a license to any Content, features or materials you may access on these Sites and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of these Sites is strictly prohibited, except as allowed herein or otherwise approved by us.

You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Neurostormnutrition.co. If you make use of these Sites, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on these Sites.

The information on these Sites including, without limitation, all design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.

Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of Neurostormnutrition.co or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationality.

The Neurostormnutrition.co logos and service names are trademarks of Neurostormnutrition.co. Without Neurostormnutrition.co’s prior permission, you agree not to display or use Neurostormnutrition.co Marks in any manner. Nothing on these Sites should be construed to grant any license or right to use any Neurostormnutrition.com Mark without our prior written consent.

You agree to defend, indemnify and hold Neurostormnutrition.co, its directors, officers, employees, agents, affiliates, joint ventures, and third-party service providers harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to our in connection with you use of these Sites, your violation of the Terms or the posting or transmission of any materials on or through these Sites by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

 

4. DISCLAIMER OF WARRANTIES

 

YOU UNDERSTAND AND AGREE THAT:

THESE SITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED “AS IS”. WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS. ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PATICULAR PURPOSE. Neurostormnutrition.co DOES NOT WARRANT THAT THESE SITES OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Neurostormnutrition.co MAKES NO WARRANTY THAT THESE SITES WILL MEET USERS EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THESE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THESE SITES, YOUR SOLD REMEDY IS TO DISCONTINUE USING THEM.

ANY MATERIAL, UPLOADED TO, DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE USE OF THESE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE UPLOAD OR DOWNLOAD OF ANY SUCH MATERIAL.

Neurostormnutrition.coDOES NOT ENDORSE, SUPPORT, WARRANT OR GUARANTEE THE COMPLETENESS, TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY CONTENT POSTED TO OR THRUOGH THESES  SITES OR ENDORSE ANY OPINIONS, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THE THIRD PARTIES ON OR THROUGH THESE SITES. Neurostormnutrition.co IS NOT A PARTY TO, AND DOES NOT MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF Neurostormnutrition.co.

 

5. LIMITATION OF LIABILITY

 

IN NO EVENT SHALL Neurostormnutrition.co, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF Neurostormnutrition.co OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF Neurostormnutrition.co TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF YOUR USE OF THESE SITES EXCEED, IN THE AGGREGATE, \$100.00.

 

6. Applicable Law/Jurisdiction

 

You agree that the laws of the state of Georgia excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of these Sites may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim of dispute with Neurostormnutrition.co or relating in any way to your use of these Sites resides in the state and federal courts located in Atlanta or Norcross, Georgia, and you further agree and expressly consent to exercise of personal jurisdiction in the said state and federal courts.

 

7. Consent to Processing

 

By providing any personal information to or through these Sites, all users, including without limitation users in the European Union, fully understand unambiguously consent to the collection and processing of such information in the United States.

Any inquiries concerning these Terms should be directed to: support@neurostormnutrition.com

 

8. Notices

 

Notices to you may be made via either email or regular mail. support@neurostormnutrition.com may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on these Sites.

 

9. General Information

 

The Terms constitute the entire agreement between you and support@neurostormnutrition.com and govern your use of these Sites, superseding any prior agreements between you and support@neurostormnutrition.com. You also may be subject to additional terms and conditions that are applicable to certain parts of these Sites.

You agree that no joint venture, partnership, employment, or agency relationship exists between support@neurostormnutrition.com and you as a result of this Agreement or your user of these Sites.

Any claim of cause of action you may have with respect to support@neurostormnutrition.com or these Sites must be commenced within one (1) year after the claim of cause of action arose.

The failure of support@neurostormnutrition.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties never the less agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You may not assign the Terms or any of your rights or obligation under the Terms without support@neurostormnutrition.com’s express written consent.

The Terms inure to the benefit of support@neurostormnutrition.com successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.

 

10. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Neurostorm (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

1. User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method, you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. 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”).Message and data rates may apply. Message frequency varies. 
2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Neurostorm and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of supplements, and new product launches. Messages may include checkout reminders. 
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@neurostormnutrition.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.Carriers are not  liable for delayed or undelivered mobile messages.
8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

 

11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration inNorcross, Georgiabefore one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Neurostorm’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. 

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

12. State Law:

• Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
•  
• Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code.

13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

 

1. General Content Guidelines

 

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To protect your privacy, please do not submit email addresses, URLs, phone numbers, physical addresses or other forms of contact/personal information. We reserve the right to not post your question or answer if it violates these Terms of Use and Community Guidelines.

 

1. Questions and Suggestions

 

If you have questions about these Terms of Use and Community Guidelines, please contact our privacy team:

by email at: support@neurostormnutrition.com and include your name and telephone number or mail address so that we can contact you; or by letter to us at: 201 S Biscayne Blvd, 28th Floor, Miami Florida 33131, United States, making sure to include your name and mailing address or telephone number so that we can contact you.

 Effective Date July 27, 2023.

 

The Neurostorm Team