PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Policy for disclosures related to the collection and use of your personal information.

MEMBER REGISTRATION

If a particular service requires you to register or if you elect to become a registered member of NeuroOptimized Learning™ (“Member”), you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. NeuroOptimized Learning™ will not be liable for any loss that you may incur as a result of someone else using your name or email address, either with or without your knowledge.

LINKS TO THIRD-PARTY WEBSITES

NeuroOptimized Learning™ may contain images of and links to third-party websites (“Linked Websites”). The Linked Websites are not under the control of NeuroOptimized Learning™, and it is not responsible for the contents of any Linked Website. NeuroOptimized Learning™ is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NeuroOptimized Learning™ of the website or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Websites. Any dealings with third parties (including advertisers) included within the website of NeuroOptimized Learning™ or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. NeuroOptimized Learning™ shall not be responsible or liable for any part of any such dealings or promotions.

USE OF NEUROOPTIMIZED LEARNING™ WEBSITE

As a condition of using the NeuroOptimized Learning™ website, you will not use it for any purpose that is unlawful or prohibited by these Terms or Rules. By way of example, and not as a limitation, you agree that when using the NeuroOptimized Learning™ website, you will not:
Use the NeuroOptimized Learning™ website in any manner that could damage, disable, overburden, or impair it, or interfere with any other party’s use and enjoyment of the website.

Attempt to gain unauthorized access to any computer system or network connected to NeuroOptimized Learning™ through hacking, mining, or any other means.

Obtain or attempt to obtain any materials or information by any means not intentionally provided through the NeuroOptimized Learning™ website.

Use the NeuroOptimized Learning™ website for surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise). Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information. Publish, post, upload, distribute, or disseminate any topic, name, material, or information that incites
discrimination, hate, or violence. Upload or otherwise make available files that contain images, photographs, software, or other material protected by intellectual property laws, including by way of example, and not as a limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.

Use any material or information, including images or photographs, made available through NeuroOptimized Learning™ in a manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

Use the materials and services displayed on the NeuroOptimized Learning™ website to write textbooks that compete with those authored by Courtland Bovee and John Thill.

Use NeuroOptimized Learning™ for any unintended purpose. Note: The NeuroOptimized Learning™ website is intended to provide materials and services to instructors who have adopted, and students who are using, a textbook authored by Courtland Bovee and John Thill.

Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other software or programs that may damage the operation of another’s computer or property, including that of NeuroOptimized Learning™.

Falsify or delete any author attributions, legal notices, other proper notices, or proprietary designations or labels indicating the origin or source of material contained in an uploaded file.

Harvest or collect personal information about others, including email addresses, without their consent.

Creating a false identity with the intent to mislead others is strictly prohibited.

NeuroOptimized Learning™ is not obligated to monitor its website. However, it reserves the right to review and remove any posted materials at its sole discretion.

NeuroOptimized Learning™ reserves the right to disclose any information deemed necessary to comply with applicable laws, regulations, legal processes, or governmental requests. It may also edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion.

CONTENT PROVIDED BY THIRD PARTIES

NeuroOptimized Learning™ does not control or endorse the content, messages, or information posted on the NeuroOptimized Learning™ website or transmitted via any NeuroOptimized Learning™ service (“Content”) and does not guarantee the accuracy, integrity, or quality of such Content.

NeuroOptimized Learning™ specifically disclaims all liability related to Content, including but not limited to errors, omissions, or any damage incurred as a result of its use.

Views expressed on the NeuroOptimized Learning™ website do not necessarily reflect those of NeuroOptimized Learning™.

Contributors to the NeuroOptimized Learning™ website may have an interest in the companies or products they discuss. Disclosure of such interests is at their discretion.

NeuroOptimized Learning™ does not guarantee the accuracy, objectivity, reliability, or completeness of any information on its website or any Linked Website.

By using the NeuroOptimized Learning™ website, you may encounter content that is offensive, indecent, or objectionable. You are responsible for evaluating and assuming all risks associated with such content.

NO RESALE OF SERVICE

You agree not to sell, resell, or commercially exploit any service provided by NeuroOptimized Learning™ or access to its website.

MATERIALS PROVIDED TO NEURO OPTIMIZED LEARNING™

NeuroOptimized Learning™ does not claim ownership of the materials you provide to NeuroOptimized Learning™ or post, upload, input, or submit for public review or for viewing by members of any public or private community (“Submission”).

By submitting your content, you grant NeuroOptimized Learning™ and its sublicensees permission to use it for operational purposes, including but not limited to copying, distributing, transmitting, publicly displaying, performing, reproducing, editing, translating, and reformatting your submission. You also grant NeuroOptimized Learning™ the right to publish your name in connection with your submission.

You will not receive compensation for the use of your submission.
NeuroOptimized Learning™ is not obligated to post or use any submission you provide and may remove any submission at its sole discretion at any time.

PRACTICES REGARDING USE AND STORAGE

NeuroOptimized Learning™ will make reasonable efforts to back up its data and restore it in case of loss or deletion. However, NeuroOptimized Learning™ is not responsible or liable for the deletion or failure to store any messages, communications, submissions, or other content maintained on or transmitted by its website.

NeuroOptimized Learning™ reserves the right to archive any content or mark accounts as “inactive” if they remain unused for an extended period.

LIABILITY DISCLAIMER

You agree to indemnify, defend, and hold harmless NeuroOptimized Learning™, its affiliates, subsidiaries, officers, employees, agents, and partners from any claims or demands, including reasonable attorneys’ fees, made by any third party arising from your actions or omissions. This includes but is not limited to claims related to your use of NeuroOptimized Learning™, your submissions, your transmission of information via NeuroOptimized Learning™, or your violation of these Terms or any Rules.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOUR USE OF NEUROOPTIMIZED LEARNING™ IS AT YOUR SOLE RISK.
THE SERVICES OF NEUROOPTIMIZED LEARNING™ ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEUROOPTIMIZED LEARNING™ ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE YOUR COMMUNICATIONS OR PERSONALIZATION SETTINGS.

YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE NEUROOPTIMIZED LEARNING™ WEBSITE.

NEUROOPTIMIZED LEARNING™ EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SPECIFICALLY, NEUROOPTIMIZED LEARNING™ MAKES NO WARRANTY THAT:
NEUROOPTIMIZED LEARNING™ WILL MEET YOUR REQUIREMENTS.

YOUR ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU OBTAIN WILL MEET YOUR EXPECTATIONS.

ANY ERRORS ON THE WEBSITE WILL BE CORRECTED.

WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE NEUROOPTIMIZED LEARNING™ WEBSITE.

OPERATION MAY BE SUBJECT TO FACTORS OUTSIDE OUR CONTROL.

SCHEDULED, PREVENTATIVE, AND EMERGENCY MAINTENANCE MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE.

THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY WITHOUT LIMITATION TO ANY DAMAGES OR INJURY CAUSED BY PERFORMANCE FAILURE, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, COMMUNICATION FAILURES, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS, ALTERATION, OR USE OF ANY ASSET, WHETHER ARISING FROM BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY INVOLVING NEUROOPTIMIZED LEARNING™.

YOU SPECIFICALLY AGREE THAT NEUROOPTIMIZED LEARNING™ SHALL NOT BE RESPONSIBLE FOR:

UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE SENDING OR RECEIVING OF ANY MATERIAL OR DATA (OR FAILURE TO SEND OR RECEIVE SUCH DATA), OR ANY TRANSACTIONS CONDUCTED THROUGH NEUROOPTIMIZED LEARNING™.

YOU SPECIFICALLY AGREE THAT NEUROOPTIMIZED LEARNING™ IS NOT RESPONSIBLE OR LIABLE FOR:

ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, OR ANY CONTENT SENT THROUGH OR INCLUDED IN ITS SERVICES BY NEUROOPTIMIZED LEARNING™ OR ANY THIRD PARTY.

IN NO EVENT SHALL NEUROOPTIMIZED LEARNING™ OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, DATA, OR PROFITS. THIS APPLIES TO DAMAGES ARISING FROM: THE USE OR PERFORMANCE OF THE NEUROOPTIMIZED LEARNING™ WEBSITE, DELAYS OR INABILITY TO USE NEUROOPTIMIZED LEARNING™ SERVICES, THE PROVISION OR FAILURE TO PROVIDE SERVICES, ANY CONTENT, PRODUCTS, OR SERVICES OBTAINED THROUGH NEUROOPTIMIZED LEARNING™, OR ANY OTHER USE OF NEUROOPTIMIZED LEARNING™ SERVICES.

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY INVOLVED, INCLUDING CONTRACT, TORT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF NEUROOPTIMIZED LEARNING™ OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; THEREFORE, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH NEUROOPTIMIZED LEARNING™ SERVICES OR ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING NEUROOPTIMIZED LEARNING™ SERVICES.

TERMINATION/ACCESS RESTRICTION

NeuroOptimized Learning™ reserves the right, at its sole discretion, to terminate your account and/or access to its website or services, in whole or in part, at any time without notice. NeuroOptimized Learning™ shall not be liable to you or any third party for terminating your account or access to its services.

GENERAL

These Terms are governed by the laws of the State of Nevada, United States of America. You irrevocably consent to the exclusive jurisdiction and venue of the courts in Carson City, Nevada, U.S.A., for all disputes arising from or related to your use of the NeuroOptimized Learning™ website.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and NeuroOptimized Learning™ as a result of these Terms or your use of its services.

These Terms are subject to existing laws and legal processes. Nothing in these Terms limits NeuroOptimized Learning™’s right to comply with governmental, court, or law enforcement requests regarding your use of its services or any information collected in connection with such use.

If any part of these Terms is found to be invalid or unenforceable under applicable law, including but not limited to the warranty disclaimers and liability limitations above, it shall be replaced with a valid provision that best reflects the original intent. The remainder of these Terms shall remain in effect.

These Terms and the Rules constitute the entire agreement between you and NeuroOptimized Learning™ regarding its services. They supersede all prior or contemporaneou communications and proposals, whether electronic, oral, or written.

A printed version of these Terms and any electronically provided notice shall be admissible in judicial or administrative proceedings related to these Terms, under the same conditions as other business documents originally maintained in printed form.