neuromore End-User License Agreement (“EULA”) for Business Offerings
Effective Date: November 14, 2019
This EULA is a legal agreement between the end-user customer (collectively referred to herein as “you” or “your” or “End-User”), and neuromore co (“neuromore”). This EULA governs Your use of the neuromore subscription-based content, products or services listed on neuromore.com (the “Website”), through neuromore’s mobile applications (the “Apps”), or via partner websites or other delivery methods to You (the Website and such content, products, services and the Apps are collectively referred to herein as the “Services”).
BY DOWNLOADING, INSTALLING, REGISTERING OR OTHERWISE USING THE NEUROMORE SERVICES, OR CLICKING AN “I ACCEPT” OR “CONTINUE” BUTTON ASSOCIATED WITH THIS EULA, YOU (OR YOUR AUTHORIZED AGENT, IF APPLICABLE) EXPRESSLY AND EXPLICITLY ACKNOWLEDGE AND AGREE THAT THIS IS A BINDING EULA AND YOU HEREBY AGREE TO THE TERMS OF THIS EULA AND ACCEPT NEUROMORE’S OFFER TO LICENSE THE NEUROMORE SERVICES PURSUANT TO THE TERMS HEREIN. IF YOU ARE AN EMPLOYEE OR OTHER REPRESENTATIVE ENTERING INTO THIS EULA ON BEHALF OF THE END-USER, YOU HEREBY REPRESENT AND WARRANT TO NEUROMORE THAT YOU ARE (A) AUTHORIZED TO ENTER INTO THIS EULA ON BEHALF OF THE END-USER AND BIND END-USER TO THE TERMS AND CONDITIONS CONTAINED IN THIS EULA; AND (B) YOU ARE OVER THE AGE OF 18 YEARS OLD. IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS IN THIS EULA OR ARE NOT AUTHORIZED TO ENTER INTO THIS EULA ON BEHALF OF THE END-USER, DO NOT DOWNLOAD, INSTALL, REGISTER OR OTHERWISE USE THE NEUROMORE SERVICES.
neuromore reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this EULA and to impose new or additional rules, policies, terms, or conditions on Your use of the neuromore Services. neuromore will communicate changes to this EULA by posting the new version of the EULA on its website at neuromore.com or as otherwise determined by neuromore in its sole discretion, or as otherwise required by Applicable Law, at which time such updated EULA will be immediately effective. Your continued use of any neuromore Services after such notification of changes to this EULA will constitute the End-User’s acceptance of any and all such changes. neuromore makes no representations that the neuromore Services are appropriate for use in other locations outside of the United States. If you use the neuromore Services in or from locations outside the United States, you are responsible for compliance with all Applicable Laws and regulations as it relates to Your User Data. Your User Data will be stored using Amazon Web Services. Amazon’s terms and conditions will also apply to those cloud services. 1.0 DEFINITIONS.
“Applicable Law” shall mean all applicable laws, regulations, ordinances, rules, codes and orders of governmental authorities having jurisdiction over neuromore and End-User. “neuromore Users” means you and/or those employees or contractors of End-User who are using the neuromore Services.
“Device” means any computer, tablet, smartphone, or other electronic device used to access and use the neuromore Services.
“Subscription Term” means the period of time for which neuromore has committed to provide, and End-User has committed to pay for, the neuromore Services, either monthly or annual. “Third Party Product” means any non-neuromore-branded products and services, including open source Software.
“User Data” means all content and materials backed up, stored, indexed, or otherwise transmitted by End-User using the neuromore Service.
“Usage Data” means any and all aggregated and anonymized information reflecting the access or use of the neuromore Service by or on behalf of neuromore Users, including, but not limited to, visit-, session-, or stream-data and any statistical or other analysis, information or data based on or derived from any of the foregoing. 2.0 PRIVACY.
Subject to this EULA, and your payment of any applicable subscription fees, neuromore grants you a limited, non-exclusive, non-transferable, revocable, limited license to use the Services during the Subscription Term solely for its internal business purposes. The Services contain or embody copyright material, proprietary material or other intellectual property of neuromore or its licensors. All right, title and ownership in the Services remain with neuromore or its licensors, as applicable. The rights to download and use the Services are licensed to you and are not being sold to you, and you have no rights in it other than to use it in accordance with this EULA. To the extent you provide any suggestions, comments or other feedback related to the Services (“Feedback”), you hereby grant neuromore a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable license to use, adapt, copy, communicate, reproduce, modify, display, exploit, publish, redistribute, broadcast, transmit, create derivative works from and incorporate in other works such Feedback or subject matter thereof in any way and without limitation. You agree that you will not and you will not assist or permit any third party to:
Copy, download, distribute, republish, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, decompile, or disassemble and Services in any way, or create derivative works of the Services; Use the Services or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever; Rent, lease, loan, make available to the public, sell or distribute the Services in whole or in part; Tamper with the Services or circumvent any technology used by neuromore or its licensors to protect any content accessible through the Services; Use the Website or the other Services for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Website and the other Services. Circumvent any territorial restrictions applied to the Services; or Use the Services in a way that violates this EULA.
4.0 ORDERING. 4.1 BECOMING A MEMBER.
You may sign up as a neuromore registered user of the Website free of charge (a “Member”). To become a Member, you need to go to the relevant section of the Website or the App, where you will be asked to submit certain corporate information related to End-User. You also may be asked to submit other information related to neuromore Users. You are responsible for maintaining the confidentiality of the user ids and passwords of your neuromore Users and for restricting access to your Devices to further help protect such information. As a neuromore Member, you will receive access to certain sections, features, and functions of the Website that are not available to non-members. To enjoy neuromore via your smartphone or other Device, your Devices must satisfy certain system requirements. These requirements can be found on the neuromore Website and the Google, Apple and Amazon App marketplaces. 4.2 SUBSCRIPTIONS.
(a) neuromore Members holders may access the Services in two ways:
(i) Free Base Subscription: a free-of-charge service, which gives limited access to selected content.
(ii) Paid Subscription: a subscription fee-based service that gives neuromore Users access to paid content during the period of the Subscription Term.
(b) neuromore will offer you the opportunity to subscribe to either the monthly or annual subscription fee, as applicable.
(c) You agree to promptly notify neuromore of any changes to the payment method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
(d) Our obligation to provide a Service commences when neuromore takes receipt of your order, and neuromore confirms your purchase to you by email. neuromore shall confirm your order and assign you with an email to confirm your access to the subscription purchased. Please quote the order number in all subsequent correspondence with neuromore. All prices are in US Dollars. You agree not to hold neuromore responsible for banking charges incurred due to payments on your account. If payment is not received by neuromore from the Payment Method you provided, you agree to pay all amounts due upon demand by neuromore. You agree that you are not permitted to resell any Services purchased through neuromore for commercial purposes.
BY ACCEPTING THESE TERMS AND USING NEUROMORE SERVICES, YOU EXPRESSLY AUTHORIZE NEUROMORE TO BILL AND COLLECT PAYMENT FROM YOU BY ANY PAYMENT METHOD YOU REGISTER WITH NEUROMORE INCLUDING, BUT NOT LIMITED TO, YOUR CREDIT CARD, BANK ACCOUNT, OR ONLINE PAYMENT SYSTEM SUCH AS STRIPE. YOU CONSENT TO NEUROMORE PROVIDING SUCH PAYMENT INFORMATION TO ITS THIRD PARTY PAYMENT PROCESSOR FOR THE SOLE PURPOSE OF PROCESSING YOUR PURCHASES. 4.3 CHANGING FEES.
neuromore may at any time and from time to time, in its sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services. neuromore will notify you by email approximately 30 calendar days in advance of any such change. Any price changes will take effect after the expiry of the then-current Subscription Term (i.e., the term that you have already paid for). 4.4 CANCELLATION BY YOU.
You may cancel a subscription at any time. Cancellation is effective at the end of the applicable Subscription Term. You will not receive a refund if you cancel midway through a Subscription Term. Please make any such cancellation through your account settings.
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE PUBLISHED RATE, UNLESS YOU CANCEL BEFORE THE START OF THE NEXT SUBSCRIPTION RENEWAL DATE. YOU MAY CANCEL YOUR SUBSCRIPTION BY EMAILING US AT CONTACT@NEUROMORE.COM. UNLESS YOU LOG INTO YOUR ACCOUNT TO DESIGNATE OTHERWISE, SUCH RENEWAL WILL ALWAYS BE FOR THE LENGTH OF YOUR PRIOR SUBSCRIPTION TERM. AT THE TIME OF RENEWAL, THE PAYMENT METHOD YOU HAVE DESIGNATED TO BE CHARGED FOR THE SUBSCRIPTION OF THE NEUROMORE SERVICES WILL AUTOMATICALLY BE CHARGED THE THEN-CURRENT FEES FOR THE APPLICABLE SUBSCRIPTION. 4.5 CANCELLATION BY US.
neuromore may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under this EULA. Such termination or suspension may be immediate and without notice. A breach of this EULA includes, without limitation, the unauthorized copying or download of neuromore’s audio or video content from the Website or the App. neuromore may terminate your use of the Services if at any time, the Services cease to be offered by neuromore, or if neuromore ceases operations. neuromore will make every effort to notify you of such a change in advance. neuromore may, suspend or terminate any or all Services to some or all of the members: (i) following a possible or actual security breach or cyber-attack on neuromore; (ii) in order to protect neuromore’s network; (iii) if required by a governmental entity or law enforcement agency; (iv) if a Member is using a Device that is defective or illegal; (v) upon the termination or expiration of a subscription term; or (v) as otherwise allowed under this EULA. 4.6 YOUR USER DATA AND USAGE DATA.
Cancellation of your purchased Services, whether by you or neuromore, will not result in immediate deletion of your Usage Data. To request the deletion of your Usage Data from neuromore’s servers, send a written request to email@example.com. Your User Data will be stored using Amazon Web Services and will be handled and deleted in accordance with the policies and procedures of Amazon. 4.7 REFUNDS.
UNLESS OTHERWISE PROVIDED HEREIN, PERMITTED BY NEUROMORE’S PAYMENT PROCESSOR, OR REQUIRED BY APPLICABLE LAW, ALL FEES ARE NON-CANCELABLE AND NON-REFUNDABLE. 4.8 SERVICE DISRUPTIONS.
Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Services. neuromore will restore the Services as soon as it reasonably can. In the event that the Services are unavailable, neuromore’s usual order and cancellation deadlines apply; please notify neuromore of changes to your order via email to firstname.lastname@example.org. 5.0 INTELLECTUAL PROPERTY. 5.1 COPYRIGHT.
All materials (including software and content whether downloaded or not) contained on the Website or the other Services are owned by neuromore (or neuromore’s affiliates and/or third-party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in this EULA, and any other relevant terms and conditions provided to you without neuromore’s prior written permission. You acknowledge and agree that certain materials on the Website and in the other Services are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within this EULA against you. Audio or video content from the neuromore App not explicitly indicated as downloadable may not be downloaded or copied from the Website or the other Services or any Device. 5.2 TRADEMARKS.
“neuromore”, the neuromore logo and all other neuromore product or service marks are trademarks of neuromore. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on the Website or the other Services are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. 5.3 OPEN SOURCE CONTENT.
The neuromore Services may contain components subject to the terms and conditions of open source software licenses. 6.0 MEDICAL DISCLAIMER.
6.1 neuromore is a provider of online and mobile subscriptions for educational content in the health and wellness space. NEUROMORE IS NOT A MEDICAL DEVICE, NOR DO WE PROVIDE MEDICAL ADVICE. While there is third party evidence that meditation can assist in the prevention and recovery process for an array of illnesses as well as in improving an array of performance and relationship issues, neuromore makes no claims or guarantees that this will be the case by using the Services. Any neuromore Users experiencing medical issues or needing medical advice should consult their doctor.
6.2 Any health information and links on the Services, whether provided by neuromore or by contract from outside providers, is provided simply for your convenience.
6.3 ANY ADVICE OR OTHER MATERIALS ON THE SERVICES ARE INTENDED FOR GENERAL INFORMATION PURPOSES ONLY. THEY ARE NOT INTENDED TO BE RELIED UPON AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE BASED ON YOUR PERSONAL CIRCUMSTANCES. NEUROMORE IS NOT LIABLE OR RESPONSIBLE FOR ANY ACTIONS TAKEN DUE TO YOUR NEUROMORE USERS HAVING READ OR BEEN TOLD ABOUT SUCH ADVICE OR OTHER MATERIALS. IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY LAW, NEUROMORE GIVES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PURPOSE OF THE ADVICE, OTHER MATERIALS AND INFORMATION PUBLISHED ON THE SERVICES. 7.0 DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE.
neuromore is committed to complying with copyright and related laws, and neuromore requires all neuromore Users of the Services to comply with these laws. Accordingly, neuromore Users may not store any material or content on, or disseminate any material or content over, the Services in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. neuromore Users may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is neuromore’s policy to terminate privileges of any user who infringes the copyright rights of others upon receipt of proper notification to neuromore by the copyright owner or the copyright owner’s legal agent. If you feel that a posted message is objectionable or infringing, neuromore encourages you to contact neuromore immediately. Upon neuromore’s receipt of a proper notice of claimed infringement under the DMCA, neuromore will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below. If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide neuromore’s designated agent with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; A description of the copyrighted work or other intellectual property that you claim has been infringed; A description of where the material that you claim is infringing is located on the Services; Your address, telephone number, and email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our designated agent for notice of claims of copyright infringement can be reached as follows: By Mail: neuromore co 382 NE 191st St #2633 Miami, Florida 33179-3899 United States of America By E-Mail: email@example.com Subject line: DMCA 8.0 GENERAL TERMS AND CONDITIONS. 8.1 ASSIGNMENT BY US.
neuromore may transfer its rights and obligations under this EULA to any company, firm or person at any time. You may not transfer your rights or obligations under this EULA to anyone else. These Terms are personal to End-User and no third party is entitled to benefit under this EULA except as set out here. 8.2 INDEMNITY BY YOU.
You agree to defend, indemnify and hold neuromore and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Services, your placement or transmission of any message, content, information, software, or other submissions through the Services, or your breach or violation of the law or of this EULA. neuromore reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with neuromore’s defense of such claim. 8.3 WARRANTIES AND LIMITATIONS.
(a) THE SERVICES AND THEIR CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND NEUROMORE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO IT, EXPRESS OR IMPLIED, AS TO THE TIMELINESS, ACCURACY, COMPLETENESS OR CURRENCY OF THE SERVICES OR THEIR CONTENT. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED BY NEUROMORE. NEUROMORE DOES NOT WARRANT THAT THE NEUROMORE SERVICES OR ASSOCIATED DOCUMENTATION WILL MEET YOUR REQUIREMENTS, WILL BE COMPATIBLE WITH YOUR DEVICES, OR THAT THE OPERATION OF THE NEUROMORE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF NEUROMORE SERVICES IS WITH YOU. NEUROMORE MAKES NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF CONTENT AND INFORMATION POSTED ON THE SERVICES WILL NOT INFRINGE RIGHTS OF THIRD PARTIES.
(b) Third-Party Products may carry a limited warranty from the third-party publisher, provider or original manufacturer of such Third Party Products. To the extent required or allowed, neuromore will pass through to End-User manufacturer warranties related to such Third Party Products, if any. Notwithstanding the foregoing, End-User acknowledges that neuromore is not responsible for the fulfillment of any Third Party Product warranty or for problems attributable to use of Third Party Products. ALL THIRD PARTY PRODUCTS ARE PROVIDED BY NEUROMORE ON AN “AS IS” BASIS.
(c) End-User represents and warrants that (a) End-User shall use the neuromore Services only for lawful purposes, and will comply with all Applicable Laws; (b) End-User shall use the neuromore Services only for its internal business needs and for no other commercial or third party uses; and (c) End-User’s access to and collection, use, relocation, storage, disclosure and disposition of User Data shall comply with all Applicable laws, including without limitation, all privacy and data security laws.
(d) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded. 8.4 APPLICABLE LAW.
Your use of the Services is governed by the terms and conditions this EULA and shall be construed and enforced in accordance with the laws of the State of Delaware, United States. End-User agrees that any action will be commenced exclusively in a state or federal court situated within the state of Delaware, and End-User irrevocably submits to the jurisdiction and venue of any such court for such purpose. If Your organization is subject to laws that prohibit End-User from agreeing to the foregoing governing law and/or venue provisions, then (i) the terms of such provisions of this EULA shall be deemed to be modified to reflect the governing law and/or venue required by Applicable Law; and (ii) End-User must, within thirty days of the commencement of its Subscription Term, notify neuromore (directed to firstname.lastname@example.org) to identify the Applicable Laws that apply to End-User and the resulting modifications to the governing law and/or venue provisions of this EULA. 8.5 NO WAIVER.
If neuromore delays exercising or fails to exercise or enforce any right available to neuromore under this EULA, such delay or failure does not constitute a waiver of that right or any other rights under this EULA. 8.6 FORCE MAJEURE.
neuromore will not be liable to you for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by neuromore to comply with this EULA, where such lack, unavailability or failure arises from any cause beyond neuromore’s reasonable control. 8.7 INTERPRETATION.
In this EULA, unless the context requires otherwise: i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa. 8.8 WRITTEN COMMUNICATIONS.
Applicable Laws require that some of the information or communications neuromore sends to you should be in writing. When using the Services, you accept that communication with neuromore will be mainly electronic. neuromore will contact you by e-mail or provide you with information by posting notices on the Services. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that neuromore provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. 8.9 NOTICES.
Except as otherwise noted in this EULA, all notices given by you to neuromore must be given to neuromore at email@example.com. neuromore may give notice to you at the e-mail address you provide to neuromore when you register. Notice will be deemed received and properly served immediately when posted on the Services or when an e-mail is sent. In proving the service of any notice, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee. 8.10 SEVERABILITY.
If any court or competent authority decides that any of the provisions of this EULA are invalid, unlawful or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law. 8.11 ENTIRE AGREEMENT.
These Terms and any document expressly referred to in them constitute the whole agreement between neuromore and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between End-User relating to their subject matter. End-User and neuromore acknowledges that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this EULA or the documents referred to in them. 8.12 THIRD PARTY RIGHTS.
A person who is not party to this EULA will not, subject to section 7 (DMCA), have any rights under or in connection with this EULA. 8.13 ALLOCATION OF RISK.
End-User acknowledges and agrees that neuromore has set its prices and entered into this EULA and permitted End-User’s subscription to the neuromore Services in reliance upon the disclaimers of warranty and the limitations of liability in this EULA, that the same reflect an allocation of risk between neuromore and End-User (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between neuromore and End-User. If End-User is subject to Applicable Laws that prohibit End-User from indemnifying neuromore as set forth herein or prohibit End-User from entering into the risk allocation arrangement set forth herein, then (a) the terms of such provisions of this EULA shall apply to End-User only to the fullest extent permitted by Applicable Law, it being understood that End-User and neuromore each wish to enforce the provisions of this EULA to the maximum extent permitted by Applicable Law; and (b) End-User must, within thirty (30) days of the commencement of the Subscription Term, notify neuromore via email (directed to firstname.lastname@example.org) to specifically identify the Applicable Laws that apply to End-User and the resulting modifications to the risk allocation and indemnification provisions of this EULA as a result of the application of such Applicable Laws. 8.14 NEUROMORE LIABILITY.
IN NO EVENT SHALL NEUROMORE OR ITS AFFILIATES, SUPPLIERS, CLIENTS, OR LICENSORS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE TO END-USER FOR ANY LOST PROFITS, LOST SAVINGS, LOST USER DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF USER DATA, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF CAPITAL OR FOR ANY OTHER DIRECT, 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 SERVICES OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SERVICES, OR ANY ERRORS, VIRUSES OR BUGS CONTAINED IN THE SERVICES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any neuromore User on or through the Services. In no event shall the total aggregate liability of the protected entities 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 this EULA of use or your use of the Services exceed, in the aggregate, the amount, if any, paid by you to neuromore for your use of the Services during the previous Subscription Term. 8.15 EXPORT COMPLIANCE.
End-User may not use or otherwise export or re-export the neuromore Services except as authorized by United States law and the Applicable Laws of the jurisdiction in which the neuromore Services were obtained. In particular, but without limitation, the neuromore Services may not be exported or re-exported (i) into any U.S. embargoed countries, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the neuromore Services, End-User represents and warrants that End-User is not located in any such country or on any such list. End-User also agrees that it will not use these products for any purposes prohibited by United States law. 8.16 ENGLISH LANGUAGE CONTROLS.
This EULA was prepared in the English language. 8.17 QUESTIONS.
Any questions regarding this EULA should be directed to email@example.com.
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