Please read this agreement carefully and save it. If you, the buyer, do not agree with the Terms & Conditions of Sale as stated, you, the buyer, should leave the NeuroGym website and discontinue use of the Services immediately.
This Agreement sets forth the legally binding terms for your membership purchase of NeuroGym® products and/or services, including use of the NeuroGym website(s) and membership (collectively, “The Services”). This is a legally binding agreement between you (the buyer) and NeuroGym®. By signing, clicking the “accept” button, checking the box next to the Terms and Conditions, or by using the Services, you, the buyer, agree to be bound by this agreement.
The Services. The Services target specific brain functions involved with memory, concentration, motivation, emotional regulation, optimal performance, focus and decision-making to develop the right subconscious beliefs and habit patterns that are essential to reach your maximum potential. Your membership may include different components, including audio tracks, digital downloads, subliminals, manuals, self-study programs, webinars, coaching, masterminding, live events, workshops, and/or other products and services, as indicated on your order form. Each member will use a unique username and password, and should only be used by one individual. You, the buyer, agree not to share or sell login information, program content, call-in numbers, passwords, and protected links with non-members.
Subscription. A subscription is an ongoing program where the fee is on a monthly (billing cycle is every 30 days regardless of how many days are in each month and/or use of product/service), quarterly, or yearly cycle. You, the buyer, are agreeing to make an advance payment in order to receive or participate in a product, program (online/digital, or otherwise), and/or Services.
Membership. A membership is a group or community. You, the buyer, agree to being a member of a group.
Payment and Finance payment plans. Memberships, products, programs and services may be purchased for varying time periods, and will be indicated on your order form. Actual payment terms and conditions may vary. Finance plans are monthly payments over a set period of time, (monthly billing cycle is every 30 days regardless of how many days are in each month and /or use of program, product, membership, subscription, or Services), quarterly, or yearly cycle. At the expiration of your product, program, subscription, service, or membership term, you, the buyer, may continue for additional fees. You, the buyer, agree to pay the amount agreed upon on your order form and not to cancel this transaction with your bank, credit card company, or PayPal. If you, the buyer, initiates a dispute with your bank, card company, or PayPal, you, the buyer, will not be eligible for a refund if the dispute results in NeuroGym’s favor.
NeuroGym is not responsible for any overdraft charges, over limit charges, or non-sufficient fee fees by your bank or credit card company. Fees for Services may be prepaid or by installment, as indicated on your order form or agreed upon via email with NeuroGym. Missed payments may result in suspension or termination of Services.
NOTE: All finance payment plans are enforced and subject to collections for failure to pay. You, the buyer, agree to pay the full amount listed on the order form and cannot cancel future payments on a finance payment plan. When NeuroGym extends any payment plan option, it does not give you, the buyer, the option to opt out at any time for any reason other than a cancellation within 30 days of the initial purchase date
If after 21 days from a missed payment you, the buyer, have not made arrangements with NeuroGym to make up the payment via email, your membership will be suspended and no fees will be refunded. NeuroGym does not guarantee any specific results from use of the products or Services. NeuroGym makes no representations or warranties as to specific outcomes or results.
NeuroGym does not guarantee that you, the buyer, will become or remain happy, rich, healthy, or successful.
If you, the buyer, purchase any program, product, membership, subscription, or service from NeuroGym, you, the buyer, agree to pay NeuroGym the applicable fees in full, regardless of payment options or use of the program, product, membership, subscription, or service. Failure to pay these fees will result in the termination of your paid program, product, membership, subscription, or Services and be subject to collections.
Also, you, the buyer, agree that:
- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
- We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services, and to use your payment method(s) on file to pay other Services you, the buyer, may buy. You, the buyer, will be responsible for any additional charges due to late or failed payments.
- If you, the buyer, purchase an online, physical product, digital program, membership, subscription, or Services, your payment method will automatically be charged at the start of each monthly, quarterly, or yearly finance period (monthly billing cycle is every 30 days regardless of how many days are in each month and or use of program, product, membership, subscription, or Services) for the fees and taxes applicable to that finance plan period. To avoid any future charges on a finance payment plan or subscription for any product or service, you, the buyer, must cancel within 30 days from the original purchase date. To cancel your order, contact our client care team as per https://www.myneurogym.com/contact-us/ within 30 days from the initial purchase date.
- If you, the buyer, purchase a membership or subscription, your payment method will automatically be charged at the start of each membership or subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel on or before the renewal billing date or within 30 days from the original purchase date. To suspend or cancel your membership or subscription, contact our client care team as per https://www.myneurogym.com/contact-us/
- All of your purchases of Services are subject to NeuroGym’s Refund Policy. You, the buyer, may view the Refund Policy of your contract at https://www.myneurogym.com/refund-policy/.
At the end of your subscription or membership commitment, and each renewal period thereafter, your membership/subscription package (including add-ons) will automatically continue for the same period of time at your membership/subscription rate, until you, the buyer, cancel by notification in writing to us as per https://www.myneurogym.com/contact-us
You may view the Terms and Conditions of Sale of your contract at http://www.myneurogym.com/terms-and-conditions-of-sale/.
To cancel your membership or subscription, contact our client care team as per https://www.myneurogym.com/contact-us
Term. This Agreement will remain in force and effect until the end of the term indicated on your order form. Failure to pay required fees may result in NeuroGym terminating the Agreement prior to the end of the term, and discontinuing your access to NeuroGym Services. Your use of the NeuroGym members’ website(s) or Services after your termination may extend the term of this Agreement and may cause you, the buyer, to incur additional fees.
Medical Disclaimer. NeuroGym and its employees and agents are not responsible for any physical or non-physical damage imagined, perceived, or otherwise sustained as a result of the use of the Services or any of the content contained in or provided on the NeuroGym websites. Use the content in the Services at your own risk.
Relationship. Nothing contained in this Agreement shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other; (ii) deem the parties to be acting as partners, joint venturers, co-owners, or otherwise as participants in a joint undertaking; or (iii) allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever.
Modification. NeuroGym may modify this Agreement from time to time and such modification shall be effective upon posting on the NeuroGym Members Website. You, the buyer, agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you, the buyer, are updated as to any changes.
Assignment. You, the buyer, may not, without the prior written consent of NeuroGym, assign this Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so shall be a material default of this Agreement and shall be void. NeuroGym’s rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by NeuroGym.
Third Party Beneficiaries. This Agreement is solely for the benefit of the parties and their successors and permitted assignees, and does not confer any rights or remedies on any other person or entity.
Governing Law. This Agreement shall be interpreted according to the laws of the State of California without regard to or application of choice-of-law rules or principles.
Waiver. No failure of either party to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches.
Severability. In the event any provision of this Agreement is held by a court of another tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they begin negotiations for a suitable replacement provision.
Force Majeure. If either party is prevented from performing any of its obligations under this Agreement due to any cause beyond the party’s reasonable control, including, without limitation, an act of God, fire, flood, explosion, war, strike, embargo, government regulation, civil or military authority, acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”) the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that you, the buyer, will not be excused from the payment of any sums of money owed by you, the buyer, to NeuroGym; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.
Construction. This Agreement shall be construed and interpreted fairly, in accordance with the plain meaning of its terms, and there shall be no presumption or inference against the party drafting this Agreement in construing or interpreting the provisions hereof. Remedies. Except as provided herein, the rights and remedies of NeuroGym are set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to it at law or in equity.
Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the respective parties hereto, their respective successors-in-interest, legal representatives, heirs and assigns.
Damage Waiver. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY HEREUNDER FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR OTHER SIMILAR DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR EXEMPLARY OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEUROGYM’S LIABILITY TO YOU, THE BUYER, FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU, THE BUYER, TO NEUROGYM FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
Non-Use of the Praxis Now’s and/or NeuroGym Name. You, the buyer, shall not, in the course of performance of this Agreement, or thereafter, use Praxis Now’s or NeuroGym or John Assaraf’s name in any advertising or promotional media.
Intellectual Property. The materials provided as part of your membership are copyrighted and may not be reproduced in any form, or by any means, without the express written permission of NeuroGym. You, the buyer, may not reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post or use the content of the materials for public or commercial purposes without the express written permission of NeuroGym. The trademarks, logos and service marks (collectively the “Trademarks”) displayed on the materials are registered and unregistered Trademarks of NeuroGym and other third parties that have authorized the use of such Trademarks on the Website. Nothing contained in the materials or on the NeuroGym website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of NeuroGym or the appropriate third party. Your use of the Trademarks displayed on the materials, or any other content on the website, except as provided in these terms and conditions, is strictly prohibited.
Disputes. If there is any dispute about or involving the Services, you, the buyer, agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you, the buyer, agree to the exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, county of San Diego. Either NeuroGym or you, the buyer, may demand that any dispute between you, the buyer, and NeuroGym about or involving the Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Diego, California, USA. The foregoing shall not prevent NeuroGym from seeking injunctive relief in a court of competent jurisdiction.
Indemnity. Your indemnity applies only to the following limited circumstances: claims arising out of this Agreement, your use of the Services, a breach of this Agreement, any breach of your representations and warranties set forth above, and/or if any content that you, the buyer, post using the Services causes NeuroGym to be liable to another. In these circumstances, you, the buyer, agree to indemnify and hold NeuroGym, its subsidiaries and affiliates, and their officers, agents, attorneys and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by you, the buyer, or any third party.
Voidability. The Services are not just a software package, so simply not logging into a members’ website does not void any part of this agreement. In addition, not using the products or Services as they are intended, not using the brain training technology, and/or not downloading the products and Services available to you, the buyer, during your membership will not void any part of this agreement nor entitle you, the buyer, to a refund or cancellation.
Entire Agreement. This Agreement represents the entire understanding relating to the Services and prevails over any prior or contemporaneous, conflicting or additional communications. In order to participate in certain Services, you, the buyer, may be notified that you, the buyer, may be required to agree to additional terms and conditions. You, the buyer, may receive a copy of this Agreement by emailing NeuroGym as per https://www.myneurogym.com/contact-us/.
Contact. If you, the buyer, would like to contact a NeuroGym customer service representative, per https://www.myneurogym.com/contact-us/.