1. Acceptance of Terms
The NeuroAffective Touch Institute, Inc., doing business as The NeuroAffective Touch Institute (referred to as “Company,” “us,” “we,” or “our”) provides our website (neuroaffectivetouch.com) and affiliated websites and digital properties linked to neuroaffectivetouch.com such as cellularbalance.com and dralinelapierre.com, including mobile versions of our site (collectively, ”Sites”), as well as all products and services afforded via the Sites (collectively referred to as “Offerings”), subject to your compliance with the following Terms and Conditions of Use (“Terms”), as well as any other written agreement(s) between us and you.
We own the Sites and the licenses related thereto. We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review the Sites and these Terms. Your continued use of the Sites and their Offerings after such modifications will constitute acknowledgement and acceptance of the modified Terms.
As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Sites and/or contents and Offerings available on this Site.
BY USING THIS SITE AND OFFERINGS ON THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES, PRODUCTS, SERVICES, OR OFFERINGS AVAILABLE ON THE SITES, OR THESE TERMS IS TO CEASE USING THE SITES AND/OR THOSE PARTICULAR PRODUCTS, SERVICES, OFFERINGS. THESE TERMS ARE EFFECTIVE ONCE YOU USE THE SITES.
FURTHER, BY USING THE SITES, YOU ARE REPRESENTING THAT YOU ARE AT LEAST 18 YEARS OF AGE. YOU MAY NOT USE OR REGISTER FOR OFFERINGS ON THE SITES IF YOU ARE UNDER THE AGE OF 18.
Offerings. Company provides a number of Offerings for users on its Sites, including training, video, audio, books, e-books, tangible products (including, without limitation, pillows and blankets). No Guarantee. Company makes no representations, warranties, or guarantees, verbally or in writing, promising or guaranteeing any outcome of or result from your use of the Sites or its Offerings. You agree that Company cannot promise or guarantee any specific results of any kind or nature, and that no representations thereto has been made by Company to you. Company’s comments about the Sites and its Offerings are expressions of opinion only. You acknowledge and understand that the outcome and results your use of the Sites and Offerings will vary from user to user. You acknowledge and agree that there is no guarantee that you will reach your goals as a result of using the Sites or its Offerings.
Errors, Corrections, and Changes. We attempt to ensure that information on the Sites is complete, accurate, and current. Despite our efforts, occasionally there may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to Offering descriptions and availability, among other things. We make no representation as to the completeness, accuracy, or correctness of any information on the Sites. We reserve the right (and we will use commercially reasonable efforts) to correct any errors, inaccuracies, or omissions.
Temporary Interruptions. You understand and agree that temporary interruptions of the Sites may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that Offering available on the Sites are provided “AS IS” and “AS AVAILABLE” and that we assume no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalization settings.
Risk of Loss. You expressly agree that use of the Sites is at your own risk. All products purchase from the Sites are transported and delivered to you by an independent carrier not affiliated with or controlled by us. Title to products purchased on the Sites, as well as the risk of loss for such products, passes to you when we deliver these goods to the carrier.
Fees. The Sites do not process credit or debit cards, or take other payment processing information. Payment processing is handled through third-party services such as WePay, PayPal, and/or Authorize.net. In the event you sign up for an Offering that is ongoing and incurs reoccurring charges (such as a subscription), such charges will be billed in advance of service. If you choose to purchase one or more of Offering provided on our Sites, you agree to pay all fees associated with Offering in U.S. dollars. Any charges incurred by your purchase or use of Offering, will be charged to the credit card or debit card that you submit.
Overdue Amounts. If, for any reason, your credit or debit card company declines or otherwise refuses to pay the amount owed for Offering you have purchased, you agree that we may, at our option, suspend or terminate performance of Offerings or delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
5. Third Party Websites
Third-Party Sites and Information. The Sites may redirect or link to other websites on the Internet, or may otherwise include references to information, products, or services made available by unaffiliated third parties (referred to as “Third Party Websites”). While we make every effort to work with trusted, reputable providers, from time to time such Third Party Websites may contain information, material, or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency, availability of information or content, or legality of content hosted by Third Party Websites, nor are we responsible for errors or omissions in any references made on those websites, nor do we warrant any of the Third Party Websites’ merchandise or the security of any information you may enter on or through their websites. The inclusion of such a link or reference on our Sites is provided merely as a convenience and does not imply endorsement of, or association with the Third Party Websites by us, or any warranty of any kind, either express or implied.
Waiver of Liability. You hereby irrevocably waive any claim against us with respect to information, content, and/or merchandise contained on any Third Party Websites, as well as any information, including Personal Data (www.neuroaffectivetouch.com/support/privacy/) you provide to such websites. You are solely responsible for determining the extent to which you use any information, content, or merchandise from any Third Party Websites to which you may link from our Sites. We therefore strongly encourage you to make any and all investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any Third Party Websites.
6. Company Intellectual Property
Content. For purposes of these Terms, “Content” is defined as (a) any and all trademarks, service marks, trade dress, trade names, slogans, or logos, including, without limitation, NeuroAffective Touch® and NATouch™; (b) any and all ideas, inventions, designs, developments, devices, methods, and processes (whether or not patented or patentable, reduced to practice) and all patents and patent applications related thereto; (c) all copyrights, copyrightable works, and mask works, including, without limitation, materials, lesson plans, manuals, worksheets, exercises, guidelines, syllabuses, software, graphics, videos, audio, icons, photographs, images, illustrations, design elements, sounds, music, published works, and all applications for registration related thereto; and (d) any and all other information, communications, materials, and/or proprietary rights contributed to, or conceived or created by Company or anyone acting on behalf of Company (whether alone or jointly with others) that can be viewed by or purchased by users on our Sites.
Ownership of Content. By accepting these Terms, you acknowledge and agree that any and all Content provided to you by Company and the rights, title, and interest thereto, as well as the goodwill associated therewith, are exclusively owned or licensed by Company. its Affiliates, or Aline LaPierre, and you shall have no right, title, or any interest whatsoever in and to the Content. By accepting these Terms, you agree that all Content presented to you on the Sites is protected by any and all intellectual property rights and/or other proprietary rights under applicable international, federal, and state laws, regulations, and rules.We have registered the following trademark/service mark: NeuroAffective Touch®. Other trademarks, service marks, logos, slogans, or trade names utilized by the Sites are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, trade dress, slogan, logo, and/or the name of Company or its Affiliates, whether registered or not.
Limitations on Use of Content. No license to sell, reproduce, publish, or distribute Company’s Content is granted or implied by these Terms. You agree that such Content is solely for use in your private practice and, therefore, you are granted a limited, single-user license. You are not authorized to use any of Company’s Content for any type of commercial purpose. Any dissemination, distribution, reproduction, publication, display, or creation of a derivate work of such Content to a third-party outside of the scope of these Terms is strictly prohibited and will be considered an infringement of the rights and privileges of Company in and to its intellectual property rights. Accordingly, you agree to comply with reasonable written requests from us to help us protect our Content and our rights thereto.
No warranty for Third-Party Infringement. Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, the Sites will not infringe the rights of third parties.
Reservation of Rights. Any rights not expressly granted herein are reserved by us.
7. Your Use of the Sites
User-Created Content Guidelines. Your use of the Sites, including your postings onto the Sites, is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on the Sites. By posting information on the Sites, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Sites or in connection with the Sites, you agree that you will not post comments, messages, links, code or other information that:
- is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
- breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Sites, or attempts to gain access to other network or server via your account on this Sites; or,
- impersonates any person or entity, including any of our employees or representatives.
No Endorsement. We neither endorse nor assume any liability for any material uploaded or submitted by users on any part of the Sites. Although we do not pre-screen, police, or monitor comments posted on the Sites, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Sites, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.
Illegal Acts. You may not use the Sites or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity that infringes upon our rights or the rights of others. Use or access of the Sites from territories or jurisdictions where the Sites or any of its content is illegal, unlawful, violate of obscenity, or other laws is strictly prohibited. Those who choose to access the Sites from other states or countries do so at their own risk and such users are solely responsible for compliance with applicable local laws.
Digital Millennium Copyright Act. We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Company or User Content through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”), title 17 of the United States Code section 512(c).
If you believe that you or someone else’s copyright has been infringed by Company or User Content provided on the Sites, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our Designated Agent immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
- Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s), etc.;
- Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);
- The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
- A statement that the Rights Holder has a good faith belief that the use of the material identified above in “B” is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and,
- The Rights Holder’s electronic signature.
Notice may be sent to:
- The NeuroAffective Touch® Institute
- Attn: Victor Osaka, DMCA Agent
- Email: email@example.com
|Mailing Address:||212 26th St #145||Santa Monica, CA 90402||USA|
Right of Refusal. We reserve the right to refuse service to any person or entity.
Spam Prevention. We use automated tools or techniques to protect our users from mass unsolicited mailings (also known as “spam”) and/or other types of malicious or harmful content. However, such tools or techniques are not perfect, and we therefore are not responsible in cases where legitimate communications are accidentally blocked, or unsolicited communications get through to your email account.
Comments. We welcome your comments. If you have any questions or comments about our Terms or policies, feel free to send us an email at firstname.lastname@example.org
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ALL CONTENT AND OFFERINGS ON THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT, OFFERINGS, OR SITES WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, OFFERINGS, OR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE SITES FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
THE SITES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS AT THE SITES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR OFFERINGS AVAILABLE AT THE SITES MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
THE USE OF OFFERING OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
THROUGH YOUR USE OF THE SITES, YOU MAY HAVE THE OPPORTUNITIES TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER VENDORS. YOU ACKNOWLEDGE THAT ALL TRANSACTIONS RELATING TO ANY PRODUCTS OR OFFERINGS PROVIDED BY ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THE PURCHASE TERMS, PAYMENT TERMS, WARRANTIES, GUARANTEES RELATING TO SUCH TRANSACTIONS, ARE AGREED TO SOLELY BETWEEN THE SELLER OF SUCH MERCHANDISE AND YOU.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THE SITES, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, OR CONTENT AVAILABLE ON OR THROUGH THIRD PARTY WEBSITES IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITES, INCLUDING ANY OFFERINGS OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, OR THE ADDITION OF FREE OR FEE-BASED SERVICES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT OFFERINGS ON THE SITES SHALL ALSO BE SUBJECT TO THESE TERMS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
10. Limitation of Liability and Indemnification
TO THE EXTENT ALLOWED BY LAW, YOU AGREE THAT THE INDEMNIFIED PARTIES (AS DEFINED BELOW) WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR COMPANY WAS GROSSLY NEGLIGENT. YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THESE TERMS AND YOUR USE OF THE SITES SHALL BE LIMITED TO THE AMOUNT YOU PAID US FOR OFFERINGS PURCHASED ON THE SITES WITHIN A TWELVE (12) MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THE SITES, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
Indemnification. You agree to defend, indemnify, and hold harmless Company and its subsidiaries, Affiliates, licensors, licensees, service providers, employees, contractors, agents, officers, directors, and contractors, and its Website (collectively, “Indemnified Parties”) for any losses, costs, liabilities, claims, and costs and expenses (including, without limitation, attorneys’ fees, awards, and settlements) relating to or arising out of your use of the Sites. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
11. Termination of Use
Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Sites with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to the Sites, and reporting you to the proper authorities, if necessary.
No Right to Offerings Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use Offering available on the Sites will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
Survival. All rights and obligations that expressly or by their nature extend beyond the Terms shall survive termination and continue to bind you and your representative, successors, and assigns until such rights and obligations are satisfied in full or by their nature expire.
12. Miscellaneous Provisions
International Use. Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in all locations outside the United States. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Site is void where prohibited.
Governing Law. The Sites (excluding any Third Party Websites) are controlled by us from our offices in Los Angeles, California, and the statutes and laws of the State of California shall be controlling, without regard to the conflicts of laws principles thereof.
Dispute Resolution. The parties expressly and irrevocably acknowledge and agree that the federal and state courts located in Los Angeles County, California shall be the exclusive venue, and each further agree to submit to the exclusive jurisdiction of the federal and state courts located in Los Angeles County, California, relating to any disputes, claims, and controversies between them arising either directly or indirectly out of or relating to this Agreement, the Training, or their relationship. THE PARTIES WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING INSTITUTED IN CONNECTION WITH THIS AGREEMENT.
Notices. All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at email@example.com, if by email, or to our address at 212 26th Street, Suite 145, Santa Monica, California 90402, USA if by conventional mail. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (A) on the delivery date if delivered personally to the party; (B) two (2) business days after deposit with a commercial overnight carrier, with written verification of receipt; (C) five (5) business days after the mailing date, if sent by U.S. mail, return receipt requested; (D) on the delivery date if transmitted by confirmed facsimile; or (E) on the delivery date if transmitted by confirmed email.
No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purposes any portion of the Sites, or use of or access to the Sites or Offerings provided through the Sites, beyond the limited rights granted to you under Section 5 of these Terms.
Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Offerings available through our Sites arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
Entire Agreement.These Terms constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with the Sites is in conflict or inconsistent with these Terms, these Terms shall take precedence.
Copyright Notice. All contents of the Sites are: Copyright 2018 The NeuroAffective Institute, Inc. All rights reserved.