Welcome to MyNeuroPathway.com. This web site, and any related subdomains, microsites and mobile web sites (collectively, the "Site"), are operated by Neuro Pathway LLC, (together with its affiliates, the "Company") as a service to you on behalf of the Company. These Terms of Use govern your use of this Site. Your use of this Site constitutes your acceptance of these Terms of Use. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL CONSTITUTE YOUR AGREEMENT TO ABIDE BY THE EACH OF THE TERMS SET FORTH BELOW.
The Company may update or modify these Terms of Use at any time, without prior notice. By using this Site following any such change, you agree to be bound by the Terms of Use as changed. The Company recommends you review these Terms of Use each time you visit this Site. The Company may, in its sole discretion, terminate your use of this Site at any time.
Use of this Site
All materials and information on this Site, including all images, text, logos, designs, icons, photographs, programs and video or audio clips (collectively, "Content"), are intended solely for personal, non-exclusive and non-commercial use. You may access, view, download, print or copy Content for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary notices or designations contained on all Content; (2) do not modify or alter Content in any way; and (3) do not provide or make available Content to any third party. No right, title or interest in any viewed, copied or downloaded Content is transferred to you as a result of your use of this Site. Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Content or this Site without first obtaining written permission from the Company.
The Company may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of this Site or Content on this Site, at any time and without notice. The Company also reserves the right to block or deny access to this Site to anyone at any time for any reason and may, in its sole discretion, terminate your account or your use of this Site at any time.
This Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register on this Site.
Copyrights and Trademarks
Unless otherwise noted, all Content is protected as copyrights, trademarks, service marks, trade names or other intellectual property owned, controlled or licensed by the Company, one of its affiliates, or by third parties, and is protected by U.S. and international intellectual property laws and treaty provisions. Unauthorized duplication is a violation of law. No rights in any Content, including any trademark, service mark or trade name, are granted to you in connection with your use of this Site. The Company and its affiliates and licensors expressly reserve all intellectual property rights in all Content. The Company has a no-tolerance policy regarding the use of our trademarks or names, including in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords may constitute trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines may constitute unfair competition.
Comments and Feedback
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company on or by this Site or otherwise disclosed, submitted or offered to the Company (collectively, "Comments") shall be and remain the Company's property, which we may use for any purpose including commercial purposes. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, title and interest in all copyrights and other intellectual property in the Comments. The Company is and shall be under no obligation to maintain any Comments in confidence or to pay any compensation for any Comments. You agree that no Comments submitted by you to the Company will (i) be false, inaccurate or misleading in any way, (ii) violate any applicable law or (iii) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s) and that all Comments submitted by you. You are and shall remain solely responsible for the content of any Comments you make.
Prohibited Uses
Tampering with this Site, misrepresenting the identity of a user or conducting fraudulent activities on this Site are prohibited. Violations of system or network security may result in civil or criminal liability. The Company 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 this Site, including, without limitation, the following: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding," "mailbombing," or "crashing," or sending unsolicited e-mail, including promotions and/or advertising of products or services, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
You shall not publish, transmit, or distribute or in any way use or exploit any information contained in the Content or on this Site in order to obtain employment offers for anyone other than yourself, in the case of employment candidates or, in the case of employers, to obtain employees for any employer other than yourself. Further, you shall not publish, transmit, or distribute or in any way use or exploit any information contained on Site in a manner that is inconsistent with any rules, laws or regulations of any federal, state, local authority, tribunal or administrative agency. You agree not to use this Site to transmit or otherwise make available any information that is unlawful, harmful, threatening, abusive, tortious, defamatory, invasive of another's privacy or otherwise objectionable.
The Company does not represent that Content or this Site may be lawfully accessed from countries outside the United States or by foreign nationals wherever located. Access to Content or this Site may be illegal when accessed by certain persons or in certain countries. If you access Content or this Site outside the United States or if you are a foreign national, you access at your own risk and you are solely responsible for compliance with the laws of any other countries that might be applicable to you.
Your Account; Privacy and Your Information
We collect personal information about you. We gather some information through our relationship with you, such as your email, information about your preferences and information from social media or similar profiles you may use to log in to or register with this Site. You can find out how we use, share and protect the information we collect about you in our Privacy Policy, which is incorporated into these Terms of Use. You agree to the use of your information in accordance with our Privacy Policy, including, among other things, Collected Information and How We Use Your Information; Cookies Technology; Security. We provide you with choices to limit, in certain circumstances, our use of the data we have about you. You agree that we may communicate with you using any information that you have provided the Company, including your social media profile or profiles. You further agree that we may communicate with future employers regarding your employment status, including whether or not you have resigned your position or been terminated for cause, for purposes of confirming eligibility for certain benefits that the Company provides.
Mobile Terms of Service
The Neuro Pathway LLC mobile message service (the "Service") is operated by Neuro Pathway LLC (“Neuro Pathway LLC”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Neuro Pathway LLC’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Neuro Pathway LLC through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Neuro Pathway LLC. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider.
Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +1-855-961-2740 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Neuro Pathway LLC mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +1-855-961-2740 or email Hello@MyNeuroPathway.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
Disclaimer of Warranty
The Company does not screen, edit, modify or censor any Content delivered to it or this Site by third parties (including employer listings, candidate resumes or educational materials) and no endorsement, representation or warranty is made by the Company with respect to any Content posted on or through this Site. Content on this Site is presented as a service and any information contained in the Content or on this Site is not educational, professional or medical advice.
The Company has no control over the actual hiring discussions or other aspects of any transaction between employers and candidates and makes no representation regarding, and has no liability arising from, the safety, legality, longevity, quality or environment of jobs offered, the actions of any candidates or employers in the interview and decision-making process (including, without limitation, inappropriate comments, harassment, discrimination, physical violence, or any other illegal activity). Nor does the Company review or endorse any part of the resumes provided to it, the truth or accuracy of any employment listings, the ability of employers to offer opportunities described in their listings or the ability of candidates to fill such opportunities.
By using this Site, you acknowledge that there are inherent risks, including without limitation the risk of violence, personal injury or other physical harm, when transacting business with persons unknown to you. You also acknowledge that the Company does not verify the identity of any individuals posting information on this Site and that they may not be who they purport to be or may otherwise be acting under false pretense. Content may also be inaccurate, harmful, offensive or in violation of policies set forth in these Terms of Use. It may also be deceptively labeled.
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER THE COMPANY NOR ITS AFFILIATES, SUBSIDIARIES OR DESIGNEES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS AND DISTRIBUTORS, DESIGNERS, CONTRACTORS, SPONSORS, LICENSORS, PREDECESSORS IN INTEREST, SUCCESSORS, ASSIGNS, OR THE LIKE (COLLECTIVELY, "ASSOCIATES") WARRANTS THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER THE COMPANY NOR ITS ASSOCIATES WARRANTS THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED DIRECTLY OR INDIRECLTY THROUGH THIS SITE. THE COMPANY AND ITS ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY THE COMPANY OR ITS ASSOCIATES SHALL CREATE A WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS ASSOCIATES BE LIABLE OR RESPONSIBLE FOR, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE COMPANY AND ITS ASSOCIATES FOR, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THIS SITE, YOUR USE OF THIS SITE, OR THE CONTENT ON THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS ASSOCIATES BE LIABLE OR RESPONSIBLE FOR, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE COMPANY AND ITS ASSOCIATES FOR, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE COMPANY'S OR ITS ASSOCIATES' PRODUCTS OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS OR WAIVERS OF LIABILITY, THESE WAIVERS MAY NOT APPLY TO YOU OR MAY NOT FULLY APPLY TO YOU; IN SUCH EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE THAT THE COMPANY'S AND ITS ASSOCIATES' aggregate liability for any and all causes of action asserted with respect to its provision of this Site and ALL PRODUCTS OR SERVICES OBTAINED BY YOU thereon (under any and all theories whatsoever) shall not exceed $100.
BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY. SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
THE COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE COMPANY and its ASSOCIATES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You may have additional rights under certain laws which do not allow or limit the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms of Use that directly conflict with such laws may not apply to you or may not fully apply to you.
Disputes and Arbitration
If there is a dispute that needs to be resolved, this section outlines what is expected of both of us.
a. You Agree to Provide the Company an Opportunity Informally to Resolve Your Dispute. Before you may pursue or participate in a dispute (or raise such dispute as a defense) in any court or arbitration against the Company or its Associates for any claims, including claims related in any way to the Company's services, these Terms of Use, privacy, advertising, or the Company's or its associates' communications with you, you must first send a written description of your claim to: Neuro Pathway LLC, 2307 North Carroll Avenue, Unit 4, Dallas, Texas 75204 Attention: Zachary Mandler, and you must allow the Company a reasonable opportunity to resolve your dispute. Your written notice must describe the problem in reasonable detail, and identify or enclose all relevant documents and information. You and the Company agree to negotiate in good faith with each other to try to resolve your claim. If you and the Company do not reach a resolution of your dispute within 60 days after the Company receives your written notice of claim, you may pursue your claim in arbitration or, solely to the extent specifically provided below, in court of competent jurisdiction.
b. Arbitration. Except as provided in this subsection (b), you and the Company agree to arbitrate all disputes between the parties in Dallas, Texas. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to extremely limited review by courts. Arbitrators can award damages and relief, similar to a court of competent jurisdiction. This arbitration agreement covers any dispute arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, regardless of when the facts underlying such dispute occurred or allegedly occurred. For purposes of this arbitration provision, references to "the Company" "we" and "us" includes our respective affiliates.
In addition, the Company may seek injunctive relief in any court with respect to any violation of a patent, trademark, service mark, copyright, trade secret, and/or other intellectual property rights of the Company or of any third party. YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION if: (a) your claim qualifies for small claims court in a location where jurisdiction and venue over you and the Company is proper, in which case you may initiate proceedings in small claims court; or (b) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN THIRTY (30) DAYS FROM THE DATE YOU FIRST ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THIS SITE (THE "OPT-OUT DEADLINE"). You may only opt out of these arbitration procedures by providing written notice of such election to us prior to the Opt-Out Deadline at either of the following addresses:
Neuro Pathway LLC
2307 North Carroll Avenue, Unit 4
Dallas, Texas 75204
Attention: Zachary Mandler, CEO
Email: Hello@NeuroPathway.com
Either you or the Company may start an arbitration proceeding by sending to the other, by certified mail, a letter requesting arbitration ("Demand"). If you start the arbitration, you must send the Demand to Neuro Pathway LLC, 2307 North Carroll Avenue, Unit 4, Dallas, Texas 75204 Attention: Zachary Mandler, The Demand must (i) describe the nature and basis of the claim or dispute and (ii) set forth the relief sought. The American Arbitration Association's ("AAA") Commercial Arbitration Rules (collectively, the "AAA Rules"), as modified by these Terms of Use, will govern the arbitration. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written opinion sufficient to explain the essential findings and conclusions on which the decision is based.
Upon you or the Company filing a Demand, the AAA rules will govern the payment of all filing, administration, and arbitrator fees. All issues are for the arbitrator to decide, except those issues relating to the scope and enforceability of the arbitration provision are for a court to decide. Unless the Company and you agree otherwise in writing, any arbitration hearings will take place in Dallas, Texas.
One arbitrator, who is selected under the AAA Rules and who has expertise in consumer disputes, will conduct the arbitration. If no arbitrator possessing such expertise is available, then the arbitration will be conducted by a single arbitrator who is selected in accordance with the AAA Rules. The decisions of the arbitrator will be binding and conclusive on all parties. Judgment upon any award of the arbitrator may be entered by any court of competent jurisdiction. This provision will be specifically enforceable in any court of competent jurisdiction. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS' FEES).
You or the Company must bring any claim arising out of or related to these Terms of Use or our relationship within one (1) year after the claim arises, or the claim will be permanently barred. To the extent the law applicable under subsection (c) of these Terms of Use makes this limitations period unenforceable with respect to any claim(s), then the statutes of limitations of the state whose laws govern these Terms of Use under subsection (c) shall apply.
YOU AND THE COMPANY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION. NEITHER YOU NOR THE COMPANY SHALL BE A MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING, AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.
IF YOU TIMELY OPT OUT OF THE ARBITRATION PROVISION IN THE MANNER DESCRIBED ABOVE, THEN THE WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS ACTION WILL NOT APPLY TO YOU. THE COMPANY DOES NOT CONSENT TO CLASS ARBITRATION; ACCORDINGLY, IF A COURT REFUSES TO ENFORCE THIS SUBSECTION (b), THEN THE AGREEMENT TO ARBITRATE SHALL BE UNENFORCEABLE AS TO YOU. WHETHER A CLAIM PROCEEDS IN COURT OR IN ARBITRATION, YOU AND THE COMPANY HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.
c. Governing Law. These Terms of Use, and any disputes arising between you and the Company related in any way to these Terms of Use or the Company's services, including but not limited to disputes over billing, service, privacy, advertising, or the Company's or its associates' communications with you, whether based on contract, tort, statute, or common law, will be governed by the laws of the State of Texas, without regard to choice of law principles.
Indemnification
You agree to defend, indemnify, and hold the Company and its affiliates, and their respective directors, managers, officers, employees, agents, successors, and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of this Site, your violation of these Terms of Use or your posting or transmission of any materials on or through this Site. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defense of such claims.
No Waiver
If we do not enforce our rights under these Terms of Use in one instance, that does not mean we will not or cannot enforce those rights in any other instance.
Severability
If any provision of these Terms of Use is determined by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.
Entire Agreement
These Terms of Use constitute the entire agreement between you and the Company and governs the terms and conditions of your use of this Site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use this Site. You cannot assign your rights under these Terms of Use without our written agreement. Given the scope of the Company's services, it may need to adopt supplemental terms and conditions for certain specific additional services. Any such supplemental terms and conditions will be available in connection with the associated additional services, and will be automatically incorporated into your agreement with the Company if you use those services. In the event of any conflict or contradiction between any term or provision of these Terms of Use and any term or provision of any such supplemental terms and conditions, the terms and provisions of such supplemental terms and conditions will control and prevail with respect to your use of such additional services.
