WEBSITE TERMS OF SERVICE
The following terms and conditions are a legally binding
agreement which govern your use of our website and purchase of
products on our website. Please review the entire agreement
carefully. When you submit an order for our product you are
certifying that you have read and agree to all terms and
conditions contained in this agreement.
GENERAL TERMS
AND CONDITIONS
Thank you for visiting our website. This
Website is intellectual property of Neuromaster Software LLC.
By accessing this Website, purchasing products or services from
this Website you agree to the following Website Terms and
Conditions (“Terms and Conditions”). The posted Privacy Policy
(“Privacy Policy”) and any and all other posted operating
rules, policies, price schedules and other supplemental terms
and conditions or documents that may be published from time to
time, are expressly incorporated herein by reference
(collectively, the “Agreement”).
Please review the
Agreement carefully. If you do not agree to the terms and
conditions contained within the Agreement in its entirety, you
are not authorized to use the Website or purchase products from
the website in any manner or form whatsoever.
INTERNET
TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS
CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE
CHANGES TO THIS TO WEBSITE AT ANY TIME. CONTINUED USE OF THE
WEB SITE AFTER CHANGES AND POSTING CONSTITUTES YOUR AGREEMENT
TO ANY NEW OR MODIFIED PROVISION OF THIS AGREEMENT THAT MAY BE
POSTED ON THE WEB SITE.
Earnings Disclaimer
Every
effort has been made to accurately represent this product and
it’s potential. Even though this industry is one of the few
where one can write their own check in terms of earnings, there
is no guarantee that you will earn any money using the
technology, techniques and concepts presented on the Website.
Examples and testimonials in these materials are not to be
interpreted as a promise or guarantee of earnings. Earning
potential is entirely dependent on the person using our
product, concepts and techniques. This is a new product and
system and as such there is no history of earnings from its use
other than by the owner of the site.
MATERIALS IN OUR
PRODUCT AND OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES
OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING
OF THE SECURITIES LITIGATION REFORM ACT OF 1995. ANY AND ALL
FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL
ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY
FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS
AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS
SIMILAR TO OURS OR ANYONE ELSE. NO GUARANTEES ARE MADE THAT YOU
WILL ACHIEVE ANY RESULTS FROM OUR PRODUCT, IDEAS OR TECHNIQUES
IN OUR MATERIAL.
As with any business, your results may
vary, and will be based on your background, dedication, desire,
and motivation. We make no guarantees regarding the level of
success you may experience. You may also experience unknown or
unforeseeable risks which can reduce results. We are not
responsible for your actions. The use of our information,
products, and services should be based on your own due
diligence and you agree that our Nueromaster Software is not
liable for any success or failure of your business that is
directly or indirectly related to the purchase or use of our
information, products and services.
There is no
guarantee that you will be successful using the techniques and
ideas in these materials. Results vary. No express or implied
guarantees of success are made by our Nueromaster Software.
Acceptance of Agreement
You agree to the terms and
conditions outlined in this Agreement with respect to your use
of the Website including, but not limited to, your purchase of
Online Products through this Website. This Agreement
constitutes the entire and only agreement between you and
Nueromaster Software with respect to your use of the Website
and supersedes all prior or contemporaneous agreements,
representations, warranties and/or understandings with respect
to your use of the Website, the content contained therein
and/or the analyses, research, opinions and other information
provided by or through the Website. We may change the
Agreement, in whole or in part, at any time without specific
notice to you. The latest Agreement will be posted on the
Website. Your continued use of the Website following posted
notice constitutes your acceptance of all of the terms and
conditions contained within the Agreement in effect at that
time. Therefore, you should regularly check this page for
updates and/or changes. Unless explicitly stated otherwise, any
future offer(s) or product(s) made available to you on the
Website that augment(s) or otherwise enhance(s) the current
features of the Website shall be subject to the Agreement
posted at the time of your purchase. We are not responsible or
liable in any manner whatsoever for your inability to use the
Website and/or obtain any Online Products. The Website and
Products offered are available only to individuals who are at
least eighteen (18) years of age and can enter into legally
binding contracts. Nueromaster Software reserves the right, in
its sole discretion, to deny any order of anyone at any time
and for any reason, whatsoever. You certify that you are
eighteen (18) years of age and agree to provide true, accurate,
current and complete information when prompted for such
information.
Orders/Billing
In consideration for
the Products you order from Nueromaster Software, you agree to
pay the sums listed on the Website at the time such sums are
due and owing. You shall have the choice to pay with a credit
card or debit card. Nueromaster Software’s authorization to
provide and bill you is obtained by way of your electronic
signature. Once an electronic signature is submitted, this
electronic order constitutes an electronic letter of agency.
Nueromaster Software’s reliance upon your electronic signature
is specifically sanctioned by the Uniform Electronic
Transactions Act and the Electronic Signatures in Global and
National Transactions Act. Both laws specifically preempt all
state laws that recognize only paper and handwritten
signatures.
Return and Refund Policy
We Guarantee
100% satisfaction or your money back. If at any time you are
unsatisfied with our product, you may discontinue use of the
product and remove it from your system at any time with thirty
(30) days of downloading the same for a full refund of the
purchase price. We do not accept returns after thirty (30)
days. We accept cancellations to the Elite coaching program for
only thirty (30) days after sign up. To receive the refunds
please email us at support (AT) ForexNeuromaster.com
Disclaimer of Warranties
THE WEBSITE, THE PRODUCTS
AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE
WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE”
BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW
(INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN
PARTICULAR, BUT NOT AS A LIMITATION THEREOF, NEUROMASTER
SOFTWARE MAKES NO WARRANTY THAT THE WEBSITE, THE PRODUCTS
AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE
WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS
WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL
BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE
WEBSITE, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY
SPECIFIC HEALTH-RELATED OUTCOME; AND/OR (F) WILL BE ACCURATE OR
RELIABLE. THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS
AND/OR SERVICES OFFERED ON THE WEBSITE MAY CONTAIN BUGS,
ERRORS, PROBLEMS OR OTHER LIMITATIONS. NEUROMASTER SOFTWARE IS
NOT LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET
CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
NEUROMASTER SOFTWARE OR OTHERWISE THROUGH OR FROM THE WEBSITE,
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
AGREEMENT.
Limitation of Liability
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT NUEROMASTER SOFTWARE LLC SHALL NOT BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF
NEUROMASTER SOFTWARE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A)
THE USE OR THE INABILITY TO USE THE WEBSITE, THE PRODUCTS
AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE
WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT
AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH
THE SITE; (C) THE FAILURE TO RELALIZE ANY SPECIFIC RESULT FROM
USE OF THE PRODUCT OR HEALTH-RELATED OUTCOME; AND (D) ANY OTHER
MATTER RELATING TO THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER
PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE. THIS
LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE
INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF
WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND
ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE NEUROMASTER
SOFTWARE FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS
IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW
DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF
NEUROMASTER SOFTWARE TO YOU UNDER ANY AND ALL CIRCUMSTANCES
WILL BE THE AMOUNT YOU PAID FOR THE PRODUCTS ORDERED AND PAID
FOR ON THE WEBSITE. NO ACTION, REGARDLESS OF FORM, ARISING OUT
OF YOUR USE OF THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER
PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY BE BROUGHT
BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE
RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH
ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN
BETWEEN YOU AND NEUROMASTER SOFTWARE. ACCESS TO THE WEBSITE
AND/OR THE PRODUCTS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH
LIMITATIONS. SOME JURISDICTION
S DO NOT ALLOW CERTAIN
LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS NEUROMASTER
SOFTWARE LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
Product Information Disclaimer
The product information provided on the Site is intended only
for residents in the United States. The Site and its links may,
however, contain information about products that may or may not
be available in any particular country, territory or region of
the world (including the United States), may be available under
different trademarks in different countries. The products
advertised on this site have not been approved or cleared by a
government regulatory body. You should not construe anything on
the Site as a promotion or solicitation for any product or
service or for the use of any product or service that is not
authorized by the laws and regulations of the country where you
are located, including the United States.
Copyright and
Trademarks
All trademarks, product names, NEUROMASTER
SOFTWARE names and logos appearing on the Website are the
property of their respective owners. The Website contains
information, data, software, photographs, graphics, videos,
text, images, typefaces, sounds and other material
(collectively “Content”) that are protected by copyrights,
trademarks or other proprietary rights, and these rights are
valid and protected in all forms, media and technologies
existing now or developed in the future. All Content is
copyrighted as a collective work under the United States
copyright laws, and Nueromaster Software LLC owns a copyright
in the selection, coordination, arrangement and enhancement of
such Content. All rights to such Content are reserved to their
respective copyright owners. Except as permitted by the fair
use privilege under United States copyright laws, you may not
upload, post, reproduce or distribute in any way the Content
protected by copyright, or other proprietary right, without
obtaining permission of the owne
r of the copyright or other
proprietary right. Any other use of the Content available on
our Website, including reproduction for purposes other than as
noted above, modification, distribution, replication,
commercial or other use, without our prior written permission,
is strictly prohibited.
Scope of Use of Copyright and
Trademarks. Nueromaster Software maintains the Site for your
personal information, education, and communication. You may
download material displayed on the Site for non-commercial,
personal use only, provided you maintain all copyright and
other proprietary notices contained on the materials. You may
not distribute, modify, transmit, reuse, repost or use the
content of the Site for public or commercial purposes,
including the text and images, without Nueromaster Software’s
written permission. Nueromaster Software makes no
representation that the information in the Site is appropriate
or available for use in locations outside of the United States,
and access to the Nueromaster Software Site from territories
where the content of the Site may be illegal or inappropriate
is prohibited. Those who choose to access the Site from other
locations do so on their own initiative and are responsible for
compliance with applicable local laws.
Indemnification
You agree to indemnify and hold Nueromaster Software, LLC
its parents and subsidiaries, and each of their respective
members, officers, directors, employees, agents, co-branders,
content licensors and/or other partners, harmless from and
against any and all claims, expenses (including reasonable
attorneys’ fees), damages, suits, costs, demands and/or
judgments whatsoever, made by any third party due to or arising
out of: (a) your use of the Website and products purchased
there from; (b) your breach of this Agreement; and/or (c) your
violation of any rights of another individual and/or entity.
Third Party Websites
The Website may contain links
to other websites on the Internet that are owned and operated
by third parties. Nueromaster Software does not control the
information, products or services available on these third
party websites. The inclusion of any link does not imply
endorsement by Nueromaster Software of the applicable website
or any association with the website’s operators. Because
Nueromaster Software has no control over such websites and
resources, you agree that Nueromaster Software is not
responsible or liable for the availability or the operation of
such websites, for any material located on or available from
any such websites or for the protection of your data privacy by
third parties. Any dealings with, or participation in
promotions offered by, advertisers on the Website, including
the payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations
associated with such dealings or promotions, are solely between
you and the applicable advertiser or ot
her third party. You
further agree that Nueromaster Software shall not be
responsible or liable, directly or indirectly, for any loss or
damage caused by the use of or reliance on any such material
available on or through any such site or any such dealings or
promotions.
General Provisions
The Agreement
shall be treated as though it were executed and performed in
the State of California and shall be governed by and construed
in accordance with the laws of the State of Arizona without
regard to conflict of law principles. Should a dispute arise
concerning the terms and conditions of the Agreement or the
breach of same by any party hereto, the parties agree to submit
their dispute for resolution by arbitration before the American
Arbitration Association in Butte County California in
accordance with the then current Commercial Arbitration Rules
of the American Arbitration Association. Any award rendered
shall be final and conclusive to the parties and a judgment
thereon may be entered in any court of competent jurisdiction.
Nothing herein shall be construed to preclude any party from
seeking injunctive relief in order to protect its rights
pending an outcome in arbitration. Should any part of the
Agreement be held invalid or unenforceable, that portion shall
be construed consistent with applicable
law and the
remaining portions shall remain in full force and effect. The
Agreement is personal between you and Nueromaster Software and
governs your use of the Website and products purchased there
from. Nueromaster Software’s failure to enforce any provision
of the Agreement shall not be deemed a waiver of such provision
nor of the right to enforce such provision. The parties do not
intend that any agency or partnership relationship be created
through operation of the Agreement.
Contact Us
If
you have any questions about the Agreement or about the
practices of Nueromaster Software, please feel free to contact
us at support (AT) NeuromasterSoftware.com
