Terms and conditions

NeuroWarranty Inc. ("NeuroWarranty", "we","us", and "our") provides you access to its interactiveonline websites and services subject to the following Terms of Use. Please read the following Terms of Usecarefully before using this website or other services that we provide. Byaccessing or using our website or our services (other than to read this for thefirst time), you agree to these Terms of Use.

These Terms of Use (alsosometimes referred to as the "User Agreement"), together withour Privacy Policy and anyadditional terms which might apply to certain products or services, govern youruse of any of our websites, and your use of any other services we provide,including our surveys, reviews, newsletters, panels, communities or otherservices (collectively, our "Service"). Our websites include sitessuch as but not limited to www.NeuroWarranty.com and all other websites onwhich we place these Terms of Use (collectively, our "Site").

We may from time to timemodify or change the Terms of Use. Any revised version of the Terms of Use willbe posted on our Site and the revised Terms of Use will govern your future useof our Site and Service, so you should return to our Site periodically toreview these Terms of Use. If you do not agree to the revised version, you mustimmediately stop using our Site and Service.

Our Services include,among other things, delivering search results for products and services offeredby third-party Merchants. We are NOT a party to any transaction you may enterwith Merchants. If you have any questions, concerns or claims regarding aproduct or service you purchased by initiating a search using our Services,please address these to the relevant Merchant.

1.INTELLECTUAL PROPERTY
Our Site, Service andrelated content (and any derivative works or enhancements of the same)including, but not limited to, all text, illustrations, files, images,software, scripts, graphics, photos, sounds, music, videos, information,content, materials, products, services, URLs, technology, documentation andinteractive features (collectively, "Site Content") and allintellectual property rights to the same are owned by us, our licensors, orboth. Additionally, all trademarks, service marks, trade names and trade dressthat may appear on our Site or Service are owned by us, our licensors, or both.Except for the limited use rights granted in these Terms of Use, you shall notacquire any right, title or interest in our Site or Service. Any rights not expresslygranted in these Terms of Use are expressly reserved.

2.ACCESS OR USING OUR SERVICE
(a) To access or use somecontent or features of our Site or Service, you may choose to provide uscertain information, we may require you to provide certain information, orrequire that you establish an account with us through registration. Your accessto certain content or features may be limited if you are not 18 years of age orolder, or the legal age in your jurisdiction to form a legally bindingagreement, or for other reasons.

(b) Whenever you submitinformation to us, you agree to provide true, accurate and complete informationand agree to, if the option is available, promptly update the information ifthere have been changes to the information you provided.

(c) Accounts. We may alsoimpose restrictions on your ability to establish an account (e.g., age limits,restrict business entities from setting up accounts, limitations on the numberof accounts, etc.). When registering an account, you may need to select ausername ("ID") and password. You are responsible for keeping your IDand password, and other account information, confidential and are fullyresponsible for all activities that occur under your account, whether or notyou authorized such activities. You agree to notify us immediately of anybreach of security or unauthorized use of your account or ID and password bysending email to us.

3.LIMITATION, SUSPENSION OR TERMINATION
(a) We may, in our solediscretion, temporarily or permanently change, limit, suspend or terminate youraccess to our Site or Service (including any Site Content or User Content)without prior notice. We may do so based on changes to our business practices(e.g., eliminating a Service, etc.), if you violate the letter and spirit ofthese Terms of Use, or for any other lawful reason. You agree that we are notliable to you or any third party for any such action.

(b) Any limitation,suspension or termination we impose shall not alter your obligations to usunder these Terms of Use. The provisions of these Terms of Use which by theirnature should survive any such action on our part shall survive including, butnot limited to, the rights and licenses that you have granted to us in yourUser Content and provisions relating to indemnities, releases, disclaimers,limitations on liability, mandatory arbitration, no class action and all of themiscellaneous provisions in this document.

4.ACCEPTABLE USE
(a) Our Site and Service(including, without limitation, Site Content and User Content) are provided foryour information and personal, non-commercial use only. When using our Site orService, you agree to comply with these Terms of Use, and all applicablefederal, state and local laws. (b) Except as expressly permitted by theseTerms of Use, you may not: - use our Site or Service in an unlawful orfraudulent manner or for such purposes, to collect personally identifiableinformation, or to impersonate other users;

- modify our copyright/trademark or other proprietaryrights notices, or interfere with the security-related features of our Site orService (e.g., those that prevent or restrict copying Site Content);

- use our Site or Service in any way to manipulate ordistort, or undermine the integrity and accuracy of, any reviews and ratings,or take any action to interfere with, damage, disrupt any part of our Site orService;

- use our Site or Service to send, knowingly receive,upload/post, download, any material which does not comply with our contentstandards;

- use our Site or Service to transmit or facilitate thetransmission of any unsolicited or unauthorized advertising or promotionalmaterial;

- use our Site or Service to transmit any data, orupload to our Site or Service any data, that contains viruses, Trojan horses,worms, time-bombs, keystroke loggers, spyware, adware or any other harmfulprograms or similar computer code designed to adversely affect the operation ofany computer software or hardware;

- decompile, reverse engineer or disassemble any portionof our Site or Service;

- use any robot, spider, other automatic device ormanual process to monitor or copy our web pages or the content contained ourSite or Service, or use network-monitoring software to determine architectureof or extract usage data from our Site or Service; or

- engage in any conduct that restricts or inhibits anyother user from using or enjoying our Site or Service. (c) You agree to fullycooperate with us to investigate any suspected or actual activity that is inbreach of these Terms of Use.

5. USER CONTENT
(a) We may now or in the future permit you to post,upload, transmit through or otherwise provide through our Site or Service(collectively, "submit") messages, text, illustrations, files,images, graphics, photos, comments, sounds, music, videos, information (e.g.,your name, e-mail address, etc.) and other content (collectively "UserContent"). For example, any comment, rating or review of a product or a merchantthat you post through our Site or Service is your User Content.

(b) Standards: You agree not to submit any User Content protected bycopyright, trademark, patent, trade secret, moral right, or other intellectualproperty or proprietary right without the express permission of the owner ofthe respective right. You are solely liable for any damage resulting from yourfailure to obtain such permission or from any other harm resulting from yourUser Content. Furthermore, you represent and warrant that your User Content: -will be, in the context of reviews and ratings, based upon an actual shoppingexperience with the relevant merchant or third party, accurate (where facts arestated), reflect opinions genuinely held by you, and comply with all applicablelaws;

- will be truthful, non-misleading and non-deceptive;

- will not contain any material which is tortious (e.g.,defames or invades the privacy of any person, etc.), obscene, offensive,hateful or inflammatory;

- will not promote sexually explicit material orviolence, or promote discrimination based on race, sex, religion, nationality,disability, sexual orientation or age;

- does not breach any legal duty you owe to a thirdparty, such as a contractual duty or a duty of confidence;

- will not be threatening, abuse or invade another'sprivacy, or provided with an intent to harass, upset or embarrass any otherperson;

- will not be provided with an intent to impersonate anyperson, to misrepresent your identity or affiliation with any person, or tofalsely give the impression that your User Content comes from someone else; or

- will not advocate, promote or assist any unlawful act(e.g., criminal acts, copyright infringement, computer misuse, etc.).

(c) We may monitor, edit or remove any User Content for violationof the letter or spirit of these terms, or for any other lawful reason.However, we have no obligation to look for, edit or remove (except for removalof content pursuant to Section 15) any User Content for any reason including,without limitation, violation of these terms.

(d) Grantof Rights & Use: We do notclaim ownership to your User Content. However, by submitting User Content, youautomatically grant, or warrant that the owner has expressly granted, to us aworldwide, royalty-free, perpetual, irrevocable, non-exclusive, fullysublicensable and transferable right and license to use, reproduce, distribute,create derivative works based upon (e.g., translations, etc.), publiclydisplay/perform, transmit and publish the User Content (in whole or in part) aswe, in our sole discretion, deem appropriate in connection with our businessand operations. Notwithstanding the foregoing, you waive any and all claims youmay now or later have in any jurisdiction to so-called "moral rights"or rights of "droit moral" with respect to the User Content.

- By submitting User Content, you also grant us theright, but not the obligation, to use your biographical or other informationabout you including, without limitation, all or some of your name, alias,nickname and geographical location (e.g., "Mark W. - Columbus, OH","Julie B. - Wyoming", etc.), in connection with broadcast, print,online, or other use or publication of your User Content consistent with thelicense granted in the previous paragraph.

- Without limiting the rights granted in the foregoingparagraphs, and for avoidance of doubt, we reserve the right to displayadvertisements in connection with your User Content, to use your User Contentfor advertising and promotional purposes, and provide third-parties your UserContent. You acknowledge and agree that your User Content may be included onthe websites and advertising networks of our distribution partners andthird-party service providers (including their downstream users).

6.RELIANCE ON SITE INFORMATION
(a) Information available through our Site or Service isfor educational, entertainment and promotional purposes only. While we makeefforts to ensure that information provided by us is accurate, we do notrepresent or warrant that any User Content or Site Content is accurate,complete or current. In all instances, it is your responsibility to evaluatethe accuracy, timeliness, completeness, or usefulness of Site Content, UserContent, and other information and opinions expressed through our Site orService. For instance, ratings and reviews may be informative to some but arenot provided as a guarantee or prediction of the level of performance you mayexperience with the applicable product, service, merchant or other third party.You are solely responsible for any actions or decisions you take based onmaterials and information available through our Site and Service, and shouldcarry out your own research and investigation as appropriate.

(b) If there is a dispute between you and anyoneaccessing our Site or Service, or you and any third party in connection withour Site or Service, you understand and agree that we are under no obligationto become involved. In such instances, you hereby release NeuroWarranty and itsofficers, directors, employees, parents, partners, successors, agents,affiliates, subsidiaries and their related companies from claims, demands anddamages of every kind or nature arising out of, relating to or in any wayconnected with such dispute.

7.ONLINE MERCHANTS AND THIRD PARTIES
(a) Your dealings with online merchants or other thirdparties via our Site or Service, including third party websites accessed vialinks on our Site, are solely between you and that third party. As such, whenyou engage in a transaction with a third party or access a third party'swebsite, you do so under their terms and policies, not ours. Complaints,questions and claims related to transactions with any third party should bedirected to that third party.

(b) WE MAKE NO WARRANTIES REGARDING AND SHALL NOT BELIABLE OR RESPONSIBLE TO YOU (WHETHER IN CONTRACT, TORT OR OTHERWISE) FOR YOURUSE OF, THE QUALITY OR LATE DELIVERY OF THE GOODS OR SERVICES FROM ANY THIRDPARTY OR FOR HONORING (OR TO CAUSE ANY MERCHANT TO HONOR) ANY ERRONEOUSINFORMATION REGARDING THE PRICE, DESCRIPTION AND AVAILABILITY OF, OR ANYDISCOUNTS, OFFERS, PROMOTIONS AND COUPONS RELATING TO ANY PRODUCT OR SERVICEOFFERINGS PROMOTED OR AVAILABLE THROUGH OUR SITE OR SERVICE.

8.LIMITS ON OUR LIABILITY
(a) UNDER NO CIRCUMSTANCES SHALL NeuroWarranty OR ITSOFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS,DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES OR THEIR RELATED COMPANIES BELIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES(EVEN IF NeuroWarranty HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR SITE, SERVICE ORTHESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SITE ORSERVICE INCLUDING, WITHOUT LIMITATION, NeuroWarranty CONTENT IS TO STOP USINGOUR SITE AND SERVICE. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGESINCURRED BY REASON OF SERVICES OR PRODUCTS, INFORMATION, ADVICE, INFORMATION ORADVERTISING RECEIVED THROUGH OR IN CONNECTION WITH OUR SITE OR SERVICE OR ANYLINKS PROVIDED VIA EITHER. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENTPERMITTED BY LAW.

(b) REGARDLESS OF ANY INFORMATION YOU HAVE RECEIVED TOTHE CONTRARY, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY OR THAT OF OUR OFFICERS,DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTIONPARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED $100. YOUAGREE THAT THIS IS A FAIR LIMITATION BASED UPON THE MANNER AND COST BY WHICHOUR SITE OR SERVICE ARE PROVIDED TO YOU, AND TAKING INTO ACCOUNT YOUR ABILITYTO USE ALTERNATIVE RESOURCES PROVIDING INFORMATION SIMILAR TO THAT OF OUR SITEOR SERVICE. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF,RELATED TO, OR IN ANY WAY CONNECTED WITH OUR SITE, SERVICE OR THESE TERMS OFUSE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. CAUSESOF ACTION BROUGHT OUTSIDE THIS TIME PERIOD ARE WAIVED.

(c) In some jurisdictions limitations of liability arenot permitted and, therefore, some of the above limits may not apply in allinstances.

9.DISCLAIMER OF WARRANTIES
(a) TO THE FULL EXTENT PERMITTED BY LAW, NeuroWarranty'SSERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE)INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ITS SERVICES AREPROVIDED BY NeuroWarranty ON AN "AS IS" AND "AS AVAILABLE"BASIS AND ARE NOT WARRANTED TO BE, AMONG OTHER THINGS, FREE OF COMPUTERVIRUSUS. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITE AND SERVICE IS AT YOUROWN RISK. NeuroWarranty MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SITE OR THE INFORMATION,CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON ITSSITE OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ITS SERVICES.

(b) Certain state laws do not allow limitations onimplied warranties. If these laws apply to you, some or all of the abovedisclaimers, exclusions or limitations may not apply to you, and you might haveadditional rights.

10.INDEMNIFICATION
You agree to indemnify and hold harmless NeuroWarrantyand its officers, directors, employees, parents, partners, successors, agents,distribution partners, affiliates, subsidiaries and their related companiesfrom and against any and all claims, liabilities, losses, damages, obligations,costs and expenses (including reasonable attorneys' fees and costs) arising outof or related to: (i) your access to or use of our Site or Service; (ii) yourUser Content; (iii) any actual or alleged violation or breach by you of theseTerms of Use; (iv) any actual or alleged breach of any representation, warrantyor covenant that you have made to us; or (v) your acts or omissions. You agreeto cooperate fully with us in the defense of any claim that is the subject ofyour obligations hereunder.

11.DISPUTE RESOLUTION AND MANDATORY ARBITRATION
(a) We each agree to first contact each other with anydisputes and provide a written description of the problem, all relevantdocuments/information and the proposed resolution. You agree to contact us withdisputes by contacting us at the address provided in these Terms of Use. Wewill contact you based on the contact information you have provided us. Noticeto NeuroWarranty must be sent to: NeuroWarranty Inc, 650 Chynoweth Ave, SanJose, CA 95131

(b) If after 45 days the parties are unable to resolveany dispute raised under the previous provision, the dispute may be submittedto arbitration consistent with this Section. The parties understand that theywould have had a right or opportunity to litigate disputes through a court andto have a judge or jury decide their case, but they choose to have any disputesresolved through arbitration.

(c) We each agree that any claim or dispute between us,and any claim by either of us against any agent, employee, successor, or assignof the other, including, to the full extent permitted by applicable law, thirdparties who are not signatories to this agreement, whether related to thisagreement or otherwise, including past, present, and future claims anddisputes, and including any dispute as to the validity or applicability of thisarbitration clause, shall be resolved by binding arbitration administered bythe JAMS under its rules and procedures in effect when the claim is filed. Therules and procedures and other information, including information on fees, maybe obtained from JAMS' website (www.jamsadr.com) or by calling JAMS at949-224-1810.

(d) We are entering into this arbitration agreement inconnection with a transaction involving interstate commerce. Accordingly, thisarbitration agreement and any proceedings thereunder shall be governed by theFederal Arbitration Act ("FAA"), 9 U.S.C. 1-16. Any award by thearbitrator(s) may be entered as a judgment in any court having jurisdiction.

(e) Exception to Arbitrate. Either of us may bringqualifying claims in small claims court. Further, pursuant to Section 13 below,we each agree that any arbitration will be solely between you and Elations, notas part of a classwide claim (i.e., not brought on behalf of or together withanother individual's claim). If for any reason any court or arbitrator holdsthat this restriction is unconscionable or unenforceable, then our agreement toarbitrate doesn't apply and the classwide dispute must be brought in court.

12.GOVERNING LAW
These Terms of Use shall be construed in accordance withthe laws of the State of California without regard to its conflict of lawsrules.

13.NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TOPURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THECLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVECAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHERPROCEEDING.

14.NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TOTRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

15.COPYRIGHT INFRINGEMENT
(a) In appropriate circumstances and in our solediscretion, we may remove or disable access to material on any of our websitesor hosted on our systems that may be infringing the copyright of others.

(b) Consistent with the Digital Millennium Copyright Act("DMCA"), NeuroWarranty will respond to a notice of alleged copyrightinfringement regarding any information available on our Site or through ourService. Please note that this procedure is exclusively for notifying us thatcopyrighted material has allegedly been infringed and matters other thaninforming NeuroWarranty that copyrighted material may have been infringed willnot receive a response through this process.

(c) Pursuant to the DMCA, your infringement notificationmust include the following information:

- An electronic or physical signature of the personauthorized to act on behalf of the owner of the copyright interest;

- A description of the copyrighted work that you claimhas been infringed upon;

- A description of where the material that you claim isinfringing is located on the site, including a link or screenshot of thewebpage containing the infringing material, if applicable;

- Your address, telephone number and e-mail address;

- A statement by you that you have a good-faith beliefthat the disputed use is not authorized by the copyright owner, its agent orthe law;

- A statement by you, made under penalty of perjury,that the above information in your notice is accurate and that you are thecopyright owner or authorized to act on the copyright owner's behalf.

(d) Please send your notice of copyright infringement toNeuroWarranty's designated Copyright Agent as follows:

NeuroWarranty Inc.
650 Chynoweth Ave.
San Jose, CA 95131


16.AMENDMENT; ADDITIONAL TERMS
(a) We are constantly updating our Site and Services toprovide better options and features, or for other reasons. In certain instancesit may be necessary to update or modify our Terms of Use to reflect these andother changes (e.g., to reflect updates to our practices and policies). We alsomay, in some instances, need to provide you with operating rules or additionalterms that govern your use of parts of our Site or any Service("Additional Terms"). Accordingly, you agree that we may at any timeprovide you with Additional Terms, or update or modify these Terms of Use, asappropriate or necessary. To the extent any Additional Terms conflict withthese Terms of Use, the Additional Terms will control.

(b) Modifications to these Terms of Use or anyAdditional Terms will be effective upon: (a) notice, either by posting on ourSite or by email notification; and (b) your subsequent use of our Site orService. It is your responsibility to review the Terms of Use and the Site fromtime to time for any changes or Additional Terms. Your access and continued useof our Site or Service following any modification of these Terms of Use or theprovision of Additional Terms will signify your assent to and acceptance of thesame. If you object to any revision to the Terms of Use or to any AdditionalTerms, immediately discontinue use of our Site and Service and, if applicable,terminate your account.

17.OTHER TERMS
(a) Where we have provided you with a translation of theEnglish language version of these Terms of Use (including the Privacy Policyand any Additional Terms incorporated by reference), you agree that thetranslation is provided for your convenience only and that the English versionof these Terms of Use governs your relationship with us. The English languageversion takes precedence if there is any contradiction between the English andtranslated versions.

(b) No waiver by either of us of any breach or defaultunder these Terms of Use shall be deemed to be a waiver of any preceding orsubsequent breach or default. The section headings used in these Terms of Useare for convenience only and shall not be given any legal import.

(c) Except where specifically stated otherwise (e.g.,Section 11(e)), if any part of these Terms of Use are deemed unlawful orunenforceable for any reason, we both agree that only that part of the Terms ofUse shall be stricken and that the remaining terms in the Terms of Use shallnot be affected and shall remain in force and effect.

(d) You may not assign these Terms of Use or assign anyrights or delegate any obligations hereunder, in whole or in part, without ourprior written consent.

(e) These Terms of Use (including the Privacy Policy andany Additional Terms incorporated by reference) constitute the entireagreement, and supersede all previous written or oral agreements, between youand NeuroWarranty in connection with the Site and Service.

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