Terms of Service

1. The Terms

1.1 Acceptance of Terms

NeuroTechR3 Inc. (“NTR3”) is the owner and operator of the NTR3 website located at https://neurotechr3.com among other websites and software owned and operated by NTR3 (the “NTR3 Platform”). This Terms of Service (the “Agreement”) governs access to and use of the NTR3 Platform. Access to and use of the NTR3 Platform is subject to Your acceptance of this Agreement. You agree to abide by all terms and conditions of this Agreement by Your accessing the NTR3 Platform and/or by Your continued use of the NTR3 Platform.

Please read the following, carefully bearing in mind that this Agreement must be read in conjunction with NTR3’s Privacy Policy.

1.2 Right to Modify Terms

NTR3 reserves the right to modify the terms of this Agreement at any time at its sole discretion and may post a notice of such changes. If and when the Agreement is modified, You will be subject to the terms of the modified Agreement, and by accessing the NTR3 Platform, You agree to the terms of modified Agreement, without further notice.

1.3 Term Definitions

1. “NTR3 Platform” means the NTR3 Platform accessible through the URL https://neurotechr3.com, among other websites owned and operated by NTR3 and any web-based platform and any software for rehabilitation accessed through its websites or directly, including all Content, Assessments, and Games.
2. “NTR3” means NeuroTechR3, Inc.
3. “Parties” means NTR3 and You, collectively.
4. “Party” means either NTR3 or You.
5. “User Profile” means a profile posted by You on the NTR3 Platform.
6. “You,” “Your,” and/or “User” means any individuals and/or entities visiting and/or otherwise accessing the NTR3 Platform for any reason; said terms may be used interchangeably.
7. “Content” means all information, data, text, software, music, sound, photographs, graphics, videos, messages, tags, Games, or other materials posted and/or otherwise displayed on, to, or at the NTR3 Platform. Content includes any updates, revisions, modifications, enhancements, or any other such changes to the Content.
8. “Game” means an individual game experience on the NTR3 Platform.
9. “Virtual Currency” means an in-game currency that can be acquired via game achievements and can be used to redeem digital goods.
10. “Personal Information” means, without limitation, any information that identifies or describes an individual, including his or her name, professional licensing information, physical description, age, gender, home address, home telephone number, or education. Personal Information also includes statements made by, or attributed to, a User.
11. “Licensor” or “Licensors” means the individuals who have licensed their online content exclusively to NTR3.
12. Website

2.1 Content Ownership

NTR3 is the owner of all NTR3 Content posted on or otherwise accessible at or via the NTR3 Platform including logos, all designs, text, graphics, pictures, videos, and information. Unless otherwise agreed in writing, You will have a limited license (without the right to sublicense) to use the Content for Your personal, non-commercial use only. Any copying, reproduction, retransmission, or republication of all, or part, of any Content found on the NTR3 Platform is expressly prohibited, unless NTR3 has expressly granted its prior written consent to so reproduce, retransmit, or republish the Content. NTR3 reserves all applicable rights in regard to the Content.

NTR3 may publish or transmit via the NTR3 Platform any Content that is owned by third parties. NTR3’s Licensors are the owners of their respective Intellectual Property found on the NTR3 Platform. Any reproduction, retransmission, or republication of all or part of any Content found on the NTR3 Platform is expressly prohibited, unless the owner of the Content has expressly granted its prior written consent to reproduce, retransmit, or republish the material.

2.2 Trademarks

Portions of the NTR3 Platform may be customized by approved enterprise customers to include use of Your logo and other trademarks for custom branding. If You choose to use such customization, You agree to grant to NTR3 a nonexclusive, nontransferable, revocable right to use and distribute Your logos and such additional or replacement buttons, logos, characters, or designs (the “Trademarks”) as NTR3 may request. You further agree to provide the Trademarks in a format required by NTR3 for any online or print promotions. NTR3 agrees to use the Trademarks solely in conjunction with the permitted forms of use under this Agreement. Use of the Trademarks does not give NTR3 any right, title, or interest in the Trademarks, other than the license rights granted herein. NTR3 may not assign, transfer, or sublicense any Trademark right granted herein without Your prior written consent.

2.3 Copyright Complaints

If You believe that any Content on the NTR3 Platform infringes upon any copyright which You own or control, You or Your designee, acting as a “Complaining Party,” may send a notification of such claimed infringement to NTR3 to info@neurotechr3.com. Please include a description of the work that is allegedly being infringed, and where on the NTR3 Platform the work may be found.

2.4 Content Availability

2.4.1 Individual License

After purchasing a License, You will have access to the License for a period specified in the purchase agreement. After such term, Your access to the License will end. To regain access to the License, You will have to repurchase the License.

2.4.2 Subscription

After purchasing a subscription, You will have access to the Content for a period specified in the purchase agreement. After such term, Your access to the Content will end. You will have to renew Your subscription to continue Your access to the Content.

2.5 Termination

NTR3 reserves the right to terminate, block, or restrict Your access to or use of the NTR3 Platform for any breach or violation of any term(s) of this Agreement, solely at the discretion of NTR3.

2.6 Equipment

You are responsible for obtaining and maintaining all computer hardware, camera, and software needed to access and use the NTR3 Platform.

2.7 Internet Speed

We recommend Cable, Broadband Internet, or a company LAN on a T1 or higher to take full advantage of the high-quality video and multimedia that the NTR3 Platform offers. For a full list of technical requirements please see https://www.neurotechr3.com.

3. User Accounts

3.1 User Responsibility

The NTR3 Platform includes the option of allowing a User to create a “User Profile.” Users are wholly responsible for User Content posted, displayed, transmitted, or otherwise made available on or via User Profiles. You are also wholly responsible for ensuring that Your use of the NTR3 Platform is compliant with the laws and regulations of any applicable jurisdiction.

3.2 Accounts and Passwords

In consideration of Your use of the NTR3 Platform, You acknowledge that You are of legal age and have legal capacity to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to provide accurate, current, and complete information concerning You when providing information to, signing up with, registering for use of, or otherwise providing information to the NTR3 Platform and maintain and promptly update the Registration Data to keep it true, current, and complete. If You provide any information that is untrue, inaccurate, not current, or incomplete, or if NTR3 has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, NTR3 has the right to suspend or terminate Your access to the NTR3 Platform and to refuse any and all current or future use of the NTR3 Platform, or any portion thereof.

You must have Your own password to access the NTR3 Platform. If you are purchasing the NTR3 platform on behalf of someone else for their use each user must have their own User Name and Password. You are not permitted to provide others access to the NTR3 Platform using Your User Name and Password or another authorized User Name and Password. In the event that NTR3 discovers Password sharing, we reserve the right to terminate or block Your access to the NTR3 Platform. You are responsible for all use of Your password(s).

The NTR3 Platform uses multi-factor authentication (MFA). You will be required to provide information to allow MFA to verify your identity.

3.3 Linking to NTR3

1. NTR3 invites Users to link to our site. Linking to NTR3 must not improperly connote an affiliation with or an endorsement by NTR3, or otherwise interfere with the operation of the NTR3 Platform. Any links should open in a new browser window.
2. You must not place NTR3 Platform pages in a “frame” within Your own website without explicit prior written permission from NTR3.
3. Although the NTR3 Platform may include links providing direct access to other Internet sites, NTR3 assumes no responsibility for the Content or information contained on such other sites and does not exert any editorial or other control over those other sites. NTR3 provides no warranties and explicitly disclaims any liability for any Content or other information provided on other sites.
4. Disclaimers

4.1 Generally

Except as expressly set forth herein, the content of the NTR3 Platform (including all NTR3 intellectual property, text, materials, software, functions, services, and information made available herein or accessed by means hereof) are provided as is, without warranties of any kind, either express or implied, including without limitation warranties of suitability for a particular purpose. NTR3 does not warrant or guarantee uninterrupted access to the NTR3 Platform, or any site linked to the NTR3 Platform, and reserves the right to discontinue Content or to change the expiration date at any time.

Virtual Currency can only be redeemed within the NTR3 Platform where you acquired them. We may at any time in our sole discretion change or remove any digital item which can be acquired using virtual currency as well as change the amount of virtual currency required to acquire a particular item. Virtual currency does not have any monetary value and are not your own private property. Any virtual currency does not constitute a real-world balance or reflect any monetary value in real-world currency. Virtual currency cannot be transferred to other accounts and/or users.  NTR3 reserves the right to change, modify, suspend, or discontinue virtual currency without notice or liability.

Information collected may be subject to Health Insurance and Portability and Accountability Act (HIPAA). Information regarding the restrictions and uses of such information please refer to our Privacy Policy.

Under no circumstances will NTR3 be liable in any way for any content, including without limitation any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the NTR3 Platform, and NTR3 makes no guarantees that the content will be accurate, current, or error-free.

You assume full responsibility and risk of loss resulting from use of the NTR3 Platform and any information on the NTR3 Platform. NTR3 makes no guarantees about the suitability of any information and its services for any purpose whatsoever. NTR3 may provide programs with activities related to Your condition that You can perform at home. As there is a risk of injury with any activity, use caution when performing such activity. IF YOU EXPERIENCE PAIN OR DISCOMFORT, IMMEDIATELY DISCONTINUE THE ACTIVITIES AND CONTACT YOUR CLINICIAN OR PHYSICIAN. BY VOLUNTARILY UNDERTAKING ANY ACTIVITY IN A PROGRAM PROVIDED BY NTR3, YOU AGREE THAT YOU ASSUME THE RISK OF ANY RESULTING INJURY. NTR3 will not be liable for any direct, indirect, consequential, special, exemplary, or other damages or losses that may result.

5. Limitation of Liability

In no event shall NTR3, its members, officers, affiliates, agents, licensors, employees, or internet service provider(s) (collectively, “representatives”) be liable to You or to any third party for any direct, indirect, incidental, special, or consequential damages whatsoever, including without limitation lost revenue, lost or damaged data, or other commercial or economic loss, whether based in contract, tort (including negligence), or any other theory of liability. The foregoing limitation shall apply even if NTR3 or its representatives have been advised or should have known of the possibility of such damage. NTR3’s total liability in any event is limited to the amount, if any, actually paid for use of the NTR3 Platform, and You hereby release NTR3 and its representatives from any and all obligations, liabilities, and claims in excess of this limitation.

6. Billing

6.1 Payment Method

You may purchase a subscription and/or individual Game Content. Upon registration for a subscription, You expressly agree that NTR3 is authorized to charge You for the services provided, as well as any other charges You may incur in connection with Your use of the Service to the Payment Method You provided during registration. Not all Content is available to subscribers. Should You choose to buy an individual Game, You expressly agree that NTR3 is authorized to charge You for each specific Game You purchase. You are not required to pay a membership fee to purchase an individual Game. A valid credit card is required to subscribe to the Service or to purchase an individual game. NTR3 bills You through a secure online account for use of the Service. Your complete billing information is not stored on NTR3’s servers. For Your protection, our secure payment gateway partner, Authorize.net, stores Your billing information.

6.2 Payment Amounts

6.2.1 One-Time Fee

There is a one-time set-up fee for the NTR3 Platform. Please refer to the One-Time Fee page in your Customer Account page for descriptions for set-up pricing. This is a non-refundable fee.

NTR3 may offer to waive the one-time set-up fee during a Trial Period. By creating a User account, You accept the Free Trial Offer and consent to NTR3’s use of Your account information in accordance with NTR3’s Privacy Policy.

6.2.2 Subscription Fees

Please refer to the Subscriptions page in your Customer Account page for subscription pricing. Your subscription will continue until You or NTR3 cancel it. NTR3 automatically bills Your Payment Method each year on the calendar day corresponding to the commencement of Your subscription. However, if You change Your Payment Method, this could result in changing the calendar day upon which You are billed.

NTR3 may offer a Free Subscription Trial Period. By creating a User account, You accept the Free Subscription Trial Offer and consent to NTR3’s use of Your account information in accordance with NTR3’s Privacy Policy. NTR3 reserves the right, in its sole discretion, to withdraw or modify the Free Subscription Trial Period at any time without prior notice and with no liability. At the end of the Free Subscription Trial Period, You will have to make payment of the applicable subscription fee to continue Your subscription. There is no obligation to purchase a subscription at the end of the Free Subscription Trial Period. You may only use the Free Subscription Trial Offer once.

6.3 Fee Changes

NTR3 may change the fees and charges in effect or add new fees and charges from time to time, but NTR3 will give You advance notice of these changes by email. If You would like to use a different Payment Method, or if there is a change in a Payment Method, such as Your credit card validity or expiration date, You may edit Your Payment Method information by visiting the NTR3 Platform and clicking on the “My Profile” link.

6.4 Tax Responsibility

All Fees are stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon, excluding taxes based on NTR3’s net income (collectively, “Taxes”). You shall be responsible for and bear Taxes associated with its purchase of, payment for, access to or use of NTR3. You hereby confirm that NTR3 can rely on the name and address set forth in your NTR3 registration as being the correct information for tax purposes. Obligations under this Section 6.4 (Tax Responsibility) shall survive the termination or expiration of these Terms.

7. Content Credit Policy

7.1 Interruption of Services

NTR3 is committed to providing the highest quality online experience for our Users. In the event that NTR3 experiences circumstances which render the Content unavailable to You for a significant period of time, You may extend the amount of time the Content is available to You for the amount of time the Content was unavailable.

7.2 Subscription Sales

Subscription Services are fully earned upon payment of the subscription fee. Payments are nonrefundable and there are no refunds for partially used periods.

8. Cancellation

You may cancel Your subscription at any time. If You terminate Your subscription, Your subscription will remain active until the end of Your then-current subscription period—namely, the subscription period through which You paid before Your termination. THERE WILL BE NO REFUND FOR ANY UNUSED PORTION OF YOUR SUBSCRIPTION.

9. Indemnification

You agree to indemnify and hold NTR3 and its Representatives harmless from any and all losses (including without limitation attorneys’ fees) resulting from any claims based on or relating to Your use, or the use of any individual using Your password, of the NTR3 Platform. You further agree to indemnify and hold NTR3 and its Representatives harmless from any and all losses resulting from claims of third parties, including without limitation attorneys’ fees, that result in whole or in part from violations by You, or any individual using Your password, of any of the terms of this Agreement.

10. Disputes

This Agreement shall be governed by the laws of the State of New Jersey. In the event that litigation results from or arises out of this Agreement or the performance thereof, both Parties agree to Arbitration with a single arbitrator qualified by the American Arbitration Association. The Parties agree to reimburse the prevailing Party’s reasonable attorneys’ fees, arbitration costs, and all other expenses, whether or not taxable by the arbitrator as costs, in addition to any other relief to which the prevailing Party may be entitled.

11. Miscellaneous

11.1 Assignability

This agreement is personal to You, and You may not assign this Agreement or the rights and obligations thereunder to any third party or person.

11.2 Agreement Binding on Successors

The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their permitted heirs, administrators, successors, and assigns.

11.3 Waiver

No waiver by either Party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.

11.4 Severability

If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision, and such invalid term, clause, or provision shall be deemed to be severed from the Agreement.

11.5 Survivability

The ownership and intellectual property rights and license provisions set forth in this Agreement, and any other provisions that by their sense and context the Parties intend to have survive, shall survive the termination of this Agreement and any obligations hereunder for any reason.