Please Read This Legal Document Carefully.

NeuralX, Inc.together with our affiliates, “NeuralX, inc”, “we”, or “us” provides an online fitness community and related products, services, content and features through NeuralX, inc websites, such as those for support, through mobile, desktop, or device applications (including iOS and Android applications (“Apps”)) and NeuralX, inc-controlled social media pages (including on Facebook, Instagram, Spotify and Twitter). To make these Terms easier to read, the NeuralX, inc Sites and Apps, along with the NeuralX, inc tablet interfaces and NeuralX, inc-controlled social media pages are collectively called the “NeuralX, inc Service” or “the Services”. By registering as a member or by visiting, browsing, or using the NeuralX, inc Service in any way, you (as a “user”) accept and agree to be bound by these Terms of Service (“Terms”), which forms a binding agreement between you and NeuralX, inc.

Please Read: These Terms Contain a Binding Arbitration Provision and Class Action Waiver (Section 20). Read Carefully, Including Your Right, if Applicable, to Opt Out of Arbitration. Except for Certain Types of Disputes Described in Section 20 Below, or Where Prohibited by Law, by Entering Into These Terms You Expressly Agree That Disputes Between You and Neuralx, Inc Will Be Resolved by Binding, Individual Arbitration, and You Hereby Waive Your Right to Participate in a Class Action Lawsuit or Class-⁠wide Arbitration.

If you do not wish to be bound by these Terms, you may not access or use the NeuralX, inc Service. Certain elements of the NeuralX, inc Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the NeuralX, inc Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

1 Who May Use the NeuralX, inc Service

Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to register with and use the NeuralX, inc Service. However, minors may participate provided that (a) they are at least 14 years old and (b) their parent/guardian is on site during the minor-participant’s use of NeuralX, inc while exercising at all times.

We may, in our sole discretion, refuse to offer the NeuralX, inc Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use the NeuralX, inc Service is revoked where these Terms or use of the NeuralX, inc Service is prohibited or conflicts with any applicable law, rule or regulation. Further, the NeuralX, inc Service is offered only for your personal, non-commercial use, and not for the use or benefit of any third party.

2 License to Use the NeuralX, inc Service

License. Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the NeuralX, inc Service, NeuralX, inc grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the NeuralX, inc Service for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This license includes the right to view Content (defined below) available on the NeuralX, inc Service and the right to download one copy of the application to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or NeuralX, inc.

Restrictions. Except as expressly permitted in writing by an authorized representative of NeuralX, inc, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the NeuralX, inc Service, nor will you take any measures to interfere with or damage the NeuralX, inc Service. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the NeuralX, inc Service, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by NeuralX, inc in these Terms are reserved.

3 Privacy

3.1 Scope

This Privacy Policy applies to Personal Information that is Processed by NeuralX, inc in the course of our business, including via the NeuralX, inc Site, through our, Apps, forums, social media accounts, blogs, events, and other online or offline offerings (together with any and all future online and offline offerings operated by or on behalf of NeuralX, inc, the "Services"). All individuals whose responsibilities include the Processing of Personal Information on behalf of NeuralX, inc are expected to protect that data by adherence to this Privacy Policy.

Residents of California should be aware that California law affords them certain rights regarding their Personal Information. Residents of California should review the California Privacy Notice that supplements and forms a part of this Privacy Policy. The California Privacy Notice is available at, www.NeuralX, inc.com/california-privacy-notice.

This Privacy Policy does not apply to Personal Information of NeuralX, inc employees Processed in the employment context, but employees who elect to use the Services will be treated as users in accordance with this Privacy Policy with respect to Personal Information Processed as users of our Service.

3.2 Transparency/notice—types of Personal Information We Collect and How We Use It

The types of Personal Information we may collect (directly from you or from third party sources) and our privacy practices depend on the nature of the relationship you have with NeuralX, inc and the requirements of applicable law. Some of the ways that NeuralX, inc may collect Personal Information include:

• You may provide Personal Information directly to NeuralX, inc through interacting with the Services, participating in surveys, during events, or promotions or sweepstakes, and requesting services or information.
• As you navigate the Services, certain passive information may also be collected about your visit, including through cookies and similar technologies as described below.

It is our goal to collect only that information which is relevant for the purposes of Processing. Below are the ways we collect Personal Information and how we use it.

3.3.1 Types of Personal Information We Collect

NeuralX, inc collects Personal Information from its current, prospective, and former customers, members, users, visitors, and guests (collectively "Individuals").

• Information You Provide Directly to Us. When you use the Services, contact us directly, or engage in certain activities, such as registering for an account with NeuralX, inc, purchasing NeuralX, inc products or Services from us, using our App or participating in a live event, we may ask you to provide some or all of the following types of information
• Purchases. When you choose to purchase NeuralX, inc products or Services from us including fitness equipment and accessories, apparel, live classes or subscription services offered through any device, we may collect information from you including Personal Information, such as your name, email address, mailing address, phone number, payment information, such as a credit card number and/or other related information that may be required from you to complete your purchase (such payment information, "Financial Information"). Unless we tell you otherwise at the time of your purchase or application for financing, your Financial Information is Processed by our third party processors and we do not collect, store or maintain your Financial Information. For more information on how your information is shared in these instances, please see Section 3.3.5 ("Third-Party Payment Processing") below. We will also collect a username and password in connection with any account created via the Services.
• Public User Profiles. When you use NeuralX, inc, you may be given the opportunity to create a “User Profile” and when you do so we may ask you to provide information about yourself such as a username, email address, weight, height, age, location, birthday, phone number and image or avatar. Only your email address and username are required to set up a User Profile; the rest of the information that you may provide is optional.

Once your User Profile is created, anytime you log in to participate in a class via our service, we will collect additional information and add it to your User Profile, such as the total number of classes taken, the dates you took those classes, fitness performance history (including leaderboard rank, achievements earned, total output, speed, distance and calories burned), your followers and who you are following, and, to the extent you have worn a heart rate monitor that you have connected to your fitness equipment, information about your heart rate over the course of the class and any other information that may be available from time to time.

You acknowledge that your User Profile information may be personal to you, and by creating an account and providing such information through the use of our Services, you allow others, including NeuralX, inc, to identify you and therefore you may not be anonymous. Information included in your User Profile, including any achievements, milestones, streaks or badges earned via the Services may be displayed in-app during classes. Other registered NeuralX, inc users may be able to view your User Profile, including your fitness performance history (as described above), and your NeuralX, inc leaderboard name. They may also be able to see your indicated location and age (if you have provided it) and contact or follow you through the Services if you opt-in to those things. You have the option to set your profile to “Private,” which means that only members who you approve as followers can see your profile and fitness performance history, and you can remove other users from your followers.

• Voice and Likeness. We may capture your visual image, likeness and voice recording (e.g., via photographs and/or video) if you participate in a class via our App and/or call our member support or inside sales teams. We may record and store member support and sales calls to train support and sales agents to help resolve member questions, for quality purposes and as required by law. Additionally, NeuralX, inc fitness equipment and the NeuralX, inc App may contain a camera, microphone and voice control features.
• Other User Information. NeuralX, inc may also collect other information from you as a result of your use of the Services, such as attendance history, purchase history, fitness and health related information. We may associate this information with other Personal Information that you have provided in order to improve and provide the Services and as otherwise described in this Privacy Policy.
• Communications with Us. We may collect Personal Information from you such as your email address, phone number or mailing address, when you choose to request information about our Services, visit a retail location, register to receive NeuralX, inc communications over email or text messaging, participate in promotions, or loyalty programs that we may offer from time to time, request to receive member or technical support or otherwise communicate with us.
• Surveys and Reviews. From time to time, we (or third parties acting on our behalf) may contact you to participate in research, surveys or beta testing or to provide reviews and testimonials. If you decide to participate, you may be asked to provide certain information, which may include Personal Information. All information collected from your participation in our research, surveys, reviews or testimonial process, or beta testing is provided by you voluntarily. We may use such information to improve our products, our Site and/or Services, and in any manner consistent with this Privacy Policy.
• Posting on the NeuralX, inc or Third Party Services. NeuralX, inc may offer publicly accessible blogs, social media pages, product review pages, private messages, video chat or community forums. You should be aware that, when you disclose information about yourself on NeuralX, inc’s blogs, social media pages, product review pages, private messages, community forums, and within video chat sessions, NeuralX, inc will collect the information you provide in such submissions, including any Personal Information. If you choose to submit content, including reviews, to any public area of the Services or on any public sites operated by third parties, such content will be considered “public” and will not be subject to the privacy protections provided in this Privacy Policy.
• Registration for Sweepstakes or Contests. Occasionally, NeuralX, inc may run sweepstakes and contests. We ask those who enter sweepstakes or contests to provide contact information (e.g., a phone number or an email address). If you participate in a sweepstakes or contest, your contact information may be used to reach you about the sweepstakes or contest, and, to the extent permitted by law, for other promotional, marketing and business purposes. In compliance with the laws of your jurisdiction, as a participant you may have the opportunity to opt-out of any communications that are not related to awarding prizes.
• Location Information. Based on your interaction with the Services, the type of device you use to access the Services, and your device’s connectivity, we may collect location-based information including your Internet protocol (IP) address, GPS location, longitude/latitude, city, county, zip code and region, and your location and your smart device’s proximity to “beacons,” Bluetooth networks and/or other proximity systems. We may use this type of information to enhance your user experience (such as using location information for the purposes of displaying the geographic distribution of NeuralX, inc workouts on a heat map), to better understand your interaction with our products and services in any retail locations, or to enable you to track your outdoor fitness activities. Unless you provide us with your consent to do otherwise, this information will only be used by us and our third party service providers to provide you with the Services you request or in an aggregated and anonymized format that does not identify you. If you no longer wish to have this location information collected and used by us, you may opt-out by disabling the location and Bluetooth features in the operating system of your device.
• Automatic Data Collection. We may collect certain information automatically through our Services or other methods of web analysis, such as your IP address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences. For more information on Automatic Data Collection, please see Section 3.3.
• Information Submitted Via Services. You agree that NeuralX, inc is free to use the content of any communications submitted by you via the Services, including any ideas, inventions, concepts, techniques, or know-how disclosed as part of that content, for any purpose including developing, manufacturing and/or marketing goods or Services. NeuralX, inc will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first send notice to you that the materials or other information you submit to a particular part of the Services will be published or otherwise used with your name on it; or (c) we are required to do so by law.
• Information from Other Sources. We may receive information about you from other sources, including through third party services and organizations, to supplement information provided by you. For example, if you access our Services through a third party application, such as the Apple App Store or Google Play App Store (together with any similar applications, “App Stores”) or social media sites such as Facebook, we may collect information about you from that third party application that you have made public via your privacy settings. Information we collect through App Stores or social media accounts may include your name, your social media site user identification number, your user name, location, gender, birth date, email, profile picture and your social media contacts. This supplemental information allows us to verify information that you have provided to NeuralX, inc and to enhance our ability to provide you with information about our business, products and Services.

3.3.2 How Neuralx, Inc Uses Your Information

• To Provide Products, Services or Information Requested. NeuralX, inc may use information about you to fulfill requests for products, Services or information, including information about potential or future services, including to:
• Generally manage Individual information and accounts;
• Respond to questions, comments, and other requests;
• Provide access to certain areas, functionalities, and features of NeuralX, inc’s Services;
• Assist with monitoring your performance, fitness and health related statistics and usage trends;
• Personalize exercise and activity goals for you based on your settings and your historical exercise or activity data;
• Communicate with you about logistical matters, including product deliveries and product servicing visits;
• Provide services to you;
• Review and contact you to answer requests for member support or technical support; and
• Allow you to register for classes and events.
• Administrative Purposes. NeuralX, inc may use Personal Information about you for its administrative purposes, including to:
• Measure interest in NeuralX, inc’s Services;
• Develop new products and Services;
• Ensure quality control;
• Verify Individual identity;
• Communicate about Individual accounts and activities on NeuralX, inc’s Services and systems, and, in NeuralX, inc’s discretion, changes to any NeuralX, inc policy;
• Send emails or text messages to the email address or telephone number you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, delivery updates, or system maintenance;
• Process payment(s) for products or services purchased;
• Process applications and transactions;
• Prevent potentially prohibited or illegal activities;
• Maintain and administer our Services; and
• Enforce our Terms.
• Marketing NeuralX, inc Products and Services. NeuralX, inc may use Personal Information to provide you with materials about offers, products and Services that may be of interest, including new content or services. NeuralX, inc may provide you with these materials by phone, postal mail, text or email, as permitted by applicable law. Such uses include:
• To tailor content, advertisements and offers;
• To notify you about offers, products and services that may be of interest to you or about which you have previously expressed an interest;
• To provide Services to you;
• For other purposes disclosed at the time that Individuals provide Personal Information; or
• Otherwise with your consent. You may contact us at any time to opt-out of the use of your Personal Information for marketing purposes, as further described in Section 5 below.

You may contact us at any time to opt-out of the use of your Personal Information for marketing purposes, as further described in Section 6 below.

• Research and Development. NeuralX, inc may use Personal Information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us improve our existing products and Services or develop new products and Services. From time to time, NeuralX, inc may perform research (online and offline) via surveys. We may engage third party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our Services, various types of communications, advertising campaigns and/or promotional activities. If an Individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous Individual and aggregate data for research and analysis purposes.
• Direct Mail, Email and Outbound Telemarketing. Individuals who provide us with Personal Information, or whose Personal Information we obtain from third parties, may, as permitted by law, receive periodic emails, newsletters, mailings, text messages or phone calls from us with information on NeuralX, inc’s or our business partners’ products and services or upcoming special offers/events that we believe may be of interest. We offer the option to decline these communications at no cost to the Individual by following the instructions in Section 5 below.
• Services via Apps and other Devices. From time to time, NeuralX, inc may provide Services that are specifically designed to be compatible and used on third party devices, such as mobile phones, smart TVs, and tablets. NeuralX, inc will collect certain information that your device sends when you use such Services, like a device identifier, user settings, location information, carrier and the operating system of your device. These versions of NeuralX, inc’s Services may require that users log in with an account. In such cases, information about use of these versions of the Services may be associated with accounts. In addition, NeuralX, inc may enable you to download an application, widget or other tool that can be used on mobile, tablet or other devices. Some of these tools may store information on your devices. These tools may transmit Personal Information to NeuralX, inc to enable you to access accounts and to enable NeuralX, inc to track use of these tools. Some of these tools may enable users to export reports and other information from the tool. NeuralX, inc may use personal or non-identifiable information transmitted to NeuralX, inc to enhance these tools, to develop new tools, for quality improvement and as otherwise described in this Privacy Policy or in other notices NeuralX, inc provides.
• Anonymous and Aggregated Information Use. NeuralX, inc may use Personal Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access NeuralX, inc’s Services or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. Anonymized or aggregated information is not Personal Information, and NeuralX, inc may use such information in a number of ways, including research, internal analysis, analytics and any other legally permissible purposes. We may share this information within NeuralX, inc and with third parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.
• Sharing Content with Friends or Colleagues. NeuralX, inc’s Services may offer various tools and functionalities. For example, NeuralX, inc may allow you to provide information about your friends through our referral services, such as "Refer a Friend." Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Email addresses that you provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be used by NeuralX, inc for any other purpose.
• Other Uses. NeuralX, inc may use Personal Information for which we have a legitimate interest, such as fraud protection or compliance with legal obligations, or any other purpose disclosed to you at the time you provide Personal Information or with your consent.

3.3.3 Cookies, Pixel Tags/web Beacons, Analytics Information, and Interest-based Advertising

We, as well as third parties that provide content, advertising or other functionality on our Services, may use cookies, pixel tags, local storage and other technologies ("Technologies") to automatically collect information through the Services. We use Technologies that are essentially small data files placed on your computer, tablet, mobile phone or other devices that allow us to record certain pieces of information whenever you visit or interact with our website, services, applications, messaging and tools, and to recognize you across devices.

• Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work properly.
• Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
• Social Media Widgets. The Site includes social media features such as links to Facebook, Instagram, Twitter, YouTube and LinkedIn (that might include widgets, such as, the share this button or other interactive mini-programs). These features may collect your IP address, which page you are visiting on the Site and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on the Site. Your interactions with these features are governed by the privacy policy of the company providing it.
• Analytics. We may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Services and to develop website content. This analytics data is not tied to any Personal Information. For more information about Google Analytics, please visit www.google.com/policies/
  privacy/partners/. You can opt-out of Google’s collection and Processing of data generated by your use of the Services by going to http://tools.google.com/dlpage
  /gaoptout.

Our uses of such Technologies fall into the following general categories:

• Operationally Necessary. We may use Technologies that are necessary to the operation of our Site, Services, applications, and tools. This includes Technologies that allow you access to our Site, Services, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity and improve security; or that allow you to make use of functions such as shopping carts, saved search or similar functions;
• Performance Related. We may use Technologies to assess the performance of our Site, applications, Services and tools, including as part of our analytic practices to help us understand how our visitors use our Site, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our website content, applications, services or tools;
• Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Sites, Services, applications or tools. This may include identifying you when you sign into our Sites or keeping track of your specified preferences, interests or past items viewed so that we may enhance the presentation of content on our Sites;
• Advertising or Targeting Related. We may use first-party or third party cookies and web beacons to deliver content, including ads relevant to your interests, on our Sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement.

If you would like to opt-out of the Technologies we employ on our Sites, Services, applications or tools, you may do so by blocking, deleting or disabling them as your browser or device permits. See Section 5 for additional opt-out options. Please note that blocking, deleting, or disabling these Technologies will affect the functionality of our Sites, Services, applications and tools, and may prevent you from being able to access certain features.

3.3.4 Third-party Websites, Social Media Platforms, and Software Development Kits

The Service may contain links to other websites and other websites may reference or link to the NeuralX, inc Site or other Services. These other domains and websites are not controlled by us, and NeuralX, inc does not endorse or make any representations about third party websites or social media platforms. We encourage you to read the privacy policies of each and every website and application with which you interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting other websites or applications is at your own risk.

NeuralX, inc’s Services may include publicly accessible blogs, community forums, message boards, private messaging or video chat features. The Services may also contain links and interactive features with various social media or music platforms (e.g., widgets). If you already use these platforms, their cookies may be set on your device when using the Services. You should be aware that Personal Information that you voluntarily include and transmit online in a publicly accessible blog, video chat session, social media platform or otherwise online, or that you share in an open forum, may be viewed and used by others without any restrictions. We are unable to control such uses of your information when you interact with a third party platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.

We use third party software development kits (“SDKs”), such as the Fitbit, Apple HealthKit and Strava SDKs, as part of the functionality of our Services, and NeuralX, inc fitness equipment may contain wireless data transfer capabilities such as near field communication (or NFC) to facilitate pairing to devices using these SDKs and other wearable devices. We may also enable you to link your NeuralX, inc account to certain health-related applications. If you choose to link your NeuralX, inc account with such applications, you can decide to share the health information we collect about you while you use the Services, including but not limited to your heart rate, calories, cycling, walking and running distances, time spent meditating, and the list of your NeuralX, inc workouts taken with such applications. If you decide to do so, you may also be able to transfer other personal information, such as your gender, date of birth, heart rate, height, weight and walking and running distances, from the health related applications to NeuralX, inc. If you make this election, this information may be used by NeuralX, inc to update your NeuralX, inc User Profile and track your metrics in NeuralX, inc classes. You may opt-out of tracking at any time by configuring your privacy settings on such applications. We do not share information that we collect from SDKs or other health-related applications with third parties for their advertising or marketing purposes. Your interactions with SDKs or other health applications are governed by the privacy policy of the company providing the service.

3.3.5 Third-party Payment Processing

When you make purchases through the Services, we Process your payments through a third party application, such as an App Store or, in the case of online or in-person purchases via a Third-Party payment processor. In these instances, the third party application may collect certain Financial Information from you to Process a payment on behalf of NeuralX, inc, including your name, email address, address and other billing information in which case the use and storage of your Financial Information is governed by the third party app’s terms, conditions and privacy policies. If you apply for or otherwise take part in a financing offer through one of our financing partners, you will be asked to provide information (which may include Financial Information) to that financing partner, either directly or through the Services. The use of that information by the financing partner will be subject to the financing partner’s terms, conditions and privacy policies. Our treatment of any Financial Information that we may Process on your behalf, or that we receive from our financing partners or payment processors, is subject to this Privacy Policy. For more information on our use of Third-Party payment processors and financing partners, including the name(s) of the entities that we partner with, please email privacy@NeuralX, inc.com.

3.4 Onward Transfer—neuralx, Inc May Disclose Your Information

3.4.1 Information We Share

We may share your information as described in this Privacy Policy (e.g., with our third party service providers; to comply with legal obligations; to enhance the Services, to protect and defend our rights and property) or with your permission.

• We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers. The types of service providers to whom we entrust Personal Information include service providers for: (i) provision of IT, analytics and related services; (ii) provision of information and services you have requested; (iii) payment processing; (iv) customer service activities such as deliveries and member support; and (v) in connection with the provision of the Services. NeuralX, inc's policy is to execute appropriate contracts with the service providers that prohibit them from using or sharing Personal Information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements, and this Privacy Policy.
• Business Partners. NeuralX, inc may share Personal Information with our business partners and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested. NeuralX, inc may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with NeuralX, inc.
• Displaying to Other Users. The content you post to the Services may be displayed on the Services. Other users of the Services may be able to see some information about you, such as your name if you submit a review or provide a testimonial to our Site. We are not responsible for the privacy practices of the other users who view and use posted information.
• Marketing – Interest-Based Advertising and Third-Party Marketing. NeuralX, inc may allow third party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities on our Sites (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected Personal Information (such as demographic information and past purchase history) we have collected with third party advertising partners. These advertising partners may use this information (and similar information collected from other companies) for purposes of delivering targeted advertisements to you when you visit non-NeuralX, inc related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising”. We may allow access to other data collected by the Site to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer that we do not share your Personal Information with third party advertising partners, you may opt-out of such sharing at no cost by following the instructions in Section 5 below.
• Disclosures to Protect Us or Others (e.g., as Required by Law and Similar Disclosures). We may access, preserve and disclose your Personal Information, other account information and content if we believe doing so is required or appropriate: (i) to comply with law enforcement or national security requests and legal process, such as, a court order or subpoena; (ii) to respond to your requests; (iii) to protect yours, ours or others’ rights, property or safety; (iv) to enforce NeuralX, inc policies or contracts; (v) to collect amounts owed to NeuralX, inc; (vi) to comply with records retention policies; (vii) when we believe access, preservation, or disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (viii) if we, in good faith, believe that access, preservation, or disclosure is otherwise necessary or advisable.

In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order to allow them to identify users in connection with their investigation of the unauthorized activities.

• Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, receivership, sale of company assets or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. In such event, NeuralX, inc will endeavor to direct the transferee to use Personal Information in a manner that is consistent with the Privacy Policy in effect at the time such Personal Information was collected.

3.4.2 International Data Transfers

You agree that all Personal Information collected via or by NeuralX, inc may be transferred, Processed and stored anywhere in the world, including but not limited to, the United States, Canada, the European Union, in the cloud, on our servers, on the servers of our affiliates or on the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities as described above. By providing information to NeuralX, inc, you explicitly consent to the storage of your Personal Information in these locations.

3.5 Opt-out (Right to Object to Processing)

3.5.1 GENERAL

You have the right to object to and opt-out of certain uses and disclosures of your Personal Information. Where you have consented to NeuralX, inc’s Processing of your Personal Information or Sensitive Personal Information, you may withdraw that consent at any time and opt-out to further Processing by contacting privacy@NeuralX, inc.com. Even if you opt-out, we may still collect and use non-Personal Information regarding your activities on our Service and/or information from the advertisements on third party websites for non-interest based advertising purposes, such as, to determine the effectiveness of the advertisements.

3.5.2 Email, Text and Telephone Communications

You can unsubscribe from email, text and phone communications at any time. To stop receiving our promotional emails, follow the unsubscribe instructions in the email messages you receive from us or contact us as described in Section 11. To opt-out of receiving text messages, follow the opt-out instructions in the text messages that you receive from us. We will process your request within a reasonable time after receipt, in accordance with applicable laws. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding NeuralX, inc and our Services and, to the extent permitted by law, you will not be able to opt-out of those communications (e.g., communications regarding updates to our Terms or this Privacy Policy).

We maintain "do-not-call" and "do-not-mail" lists as mandated by law. We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists within 60 days after receipt, or such shorter time as may be required by law.

3.5.3 Mobile Devices

NeuralX, inc may occasionally send you push notifications through our Apps with updates, achievements and other notices that may be of interest to you. You may at any time opt-out from receiving these types of communications by changing the settings on your device. NeuralX, inc may also collect location-based information if you use our Apps. You may opt-out of this collection by changing the settings on your device.

3.5.4 "Do Not Track"

Do Not Track ("DNT") is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

3.5.5 Cookies and Interest-based Advertising

As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt-out of certain mobile advertisements via their device settings.

The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/
managing/opt_out.asp, www.youronlinechoices.eu/ or www.youradchoices.ca/, and www.aboutads.info/choices/. You can also choose not to be included in Google Analytics here.

To be clear, whether you are using our opt-out or an online industry opt-out, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt-out on each device. Advertisements on third party websites that contain the AdChoices link, and that link to this Privacy Policy, may have been directed to you based on anonymous, non-Personal Information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt-out of the advertising partners’ use of this information for interest-based advertising purposes.

3.6 Rights of Access, Rectification, Erasure, and Restriction

Where permitted by applicable law, you may inquire as to whether NeuralX, inc is Processing Personal Information about you, request access to Personal Information, and ask that we correct, amend or delete your Personal Information where it is inaccurate or has been Processed in violation of your rights under data privacy laws that apply in the country where you live. Where otherwise permitted by applicable law, you may send an e-mail to privacy@NeuralX, inc.com or use any of the methods set out in this Privacy Policy to request access to, receive (port), seek rectification, or request erasure of Personal Information held about you by NeuralX, inc. Please include your full name, email address associated with your account and a detailed description of your data request. Such requests will be processed in accordance with local laws.

Although NeuralX, inc makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which NeuralX, inc is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary. If NeuralX, inc determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, NeuralX, inc will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.

3.7 Data Retention

NeuralX, inc retains the Personal Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws. When we are no longer required to retain your Personal Information as described above, we will destroy, erase, or de-identify it in accordance with our data retention policies and applicable law. Legal requirements, however, may require us to retain some or all of the Personal Information we hold for a period of time that is longer than that for which we might otherwise hold it.

3.8 Security of Your Information

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. We maintain commercially reasonable administrative, technical and physical safeguards (which vary depending on the sensitivity of the Personal Information) designed to protect against unauthorized use, disclosure or access of Personal Information. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.

By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing.

3.9 Non-u.s. Users

By using the Services, you consent to NeuralX, inc’s transfer of your data to the United States. By choosing to visit the Site, use the Services, or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will, to the extent permitted by law, be governed by the laws of the State of New York, without regard to principles of conflicts of law. Any disputes arising in connection with this Privacy Policy will be handled in accordance with the dispute resolution provisions in the Terms.

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and to the Processing of your data globally. By providing your Personal Information, you consent to any transfer and Processing in accordance with this Privacy Policy.

3.10 Children’s Privacy

Our Services are not directed to children under the age of 13. In addition, you are not permitted to use our Services if you do not meet the minimum age requirement applicable to our Services in your jurisdiction. We do not knowingly collect Personal Information from children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at privacy@NeuralX, inc.com. If we learn that we have collected Personal Information of a child under the age of 13 (or under the age of 16 in certain jurisdictions, such as EU member countries) we will take steps to delete such information from our files as soon as possible and terminate the child’s account unless we receive verifiable parental consent.

3.11 Redress/compliance and Accountability

If you have any questions about our privacy practices, this Privacy Policy, or how to submit a complaint with the appropriate authority, please contact NeuralX, inc by email at privacy@NeuralX, inc.com. We will address your concerns and attempt to resolve any privacy issues in a timely manner.

3.12 Changes to Our Privacy Policy and Practices

This Privacy Policy may change from time to time. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you use the Services after the updated Privacy Policy is posted on the Services (as reflected in the above Effective Date). If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Services.

• Revisions to the Privacy Policy. We may revise this Privacy Policy in our sole discretion, so please review it periodically. If you continue to visit the Site and use the Services after such changes have been made, you thereby provide your consent to the changes.
• Posting of Revised Privacy Policy. If there are any material changes to this Privacy Policy, NeuralX, inc will notify you by email or as otherwise required by applicable law. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective immediately when it is posted (or upon notice if applicable). If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically.
• New Uses of Personal Information. Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt-out. Where consent of the Individual for the Processing of Personal Information is required by law or contract, NeuralX, inc will endeavor to comply with the law or contract.

3.13 Definitions

The following capitalized terms have the meanings set forth below.

• "Agent" means any Third-Party that Processes Personal Information pursuant to the instructions of, and solely for, NeuralX, inc or to which NeuralX, inc discloses Personal Information for use on its behalf.
• "Employee" refers to any current, temporary, permanent, prospective or former employee, director, contractor, worker, or retiree of NeuralX, inc or its subsidiaries worldwide.
• "Personal Information" is any information relating to an identified or identifiable natural person ("Individual").
• "Process" or "Processing" means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
• "Sensitive Data" or "Sensitive Personal Information” is a subset of Personal Information which, due to its nature, has been classified by law or by policy as deserving additional privacy and security protections, such as certain financial or medical information, and Personal Information regarding EU residents that is classified as a “Special Category of Personal Data” under EU law, such as: (1) race or ethnic origin; (2) political opinions; (3) religious or philosophical beliefs; (4) trade union membership; (5) genetic data; (6) biometric data where Processed to uniquely identify a person; (6) health information; (7) sexual orientation or information about the Individual’s sex life; or (8) information relating to the commission of a criminal offense.
• "Third-Party" is any company, natural or legal person, public authority, agency, or body other than the Individual, NeuralX, inc or NeuralX, inc’s Agents.

4 Membership Requirements Registration

To enjoy full access to the NeuralX, inc Service, you must register as a member of the NeuralX, inc Service. You must provide complete and accurate registration information to NeuralX, inc and notify us if any of your information changes. If you fail to keep your account information up to date, we may have to suspend or terminate your Account.

Profile Information and Picture. You may not use someone else’s name, or any name, location, other public profile information or image that violates any third party rights, is against the law, or that is offensive, obscene or otherwise objectionable (in NeuralX, inc’s sole discretion).

Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the NeuralX, inc Service. If you become aware of an unauthorized access to your account, change your password and notify our Support team immediately.

05 Membership Structure and Fees

NeuralX, inc will provide information on its then-current membership requirements on the NeuralX, inc Site and/or by other means through the NeuralX, inc Service. Features and prices are subject to change.

06 Sale of Products

NeuralX, inc accepts orders for equipment, apparel or accessories that we may offer through the NeuralX, inc Site or at retail locations. Unfortunately, availability of products cannot be guaranteed. Please note that product, service and other information provided is subject to corrections and changes without notice. Graphics and diagrams are for illustrative purposes only and may not accurately reflect actual product availability. Colors, styles and other variants depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.

Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the shipping address you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products if we cancel. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the NeuralX, inc Site or to your email address after your payment has been processed.

07 Termination; Account Deletion

Term. These Terms begin on the date you first use the NeuralX, inc Service and continue as long as you have an account with us and/or continue to use the NeuralX, inc Service.

Termination. NeuralX, inc may, in NeuralX, inc’s sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted, for any lawful reason, including if NeuralX, inc determines that you have violated these Terms or that your conduct or User Content would tend to damage NeuralX, inc’s reputation or goodwill. If NeuralX, inc deletes your account, you may not re-register for or use the NeuralX, inc Service under any other user name or profile. NeuralX, inc may block your access to the NeuralX, inc Service to prevent re-⁠registration.

Effect of Termination / Account Deletion. Upon termination of these Terms all licenses granted by NeuralX, inc will terminate. The following sections survive termination: Privacy (Section 3), User Content (Section 8), Indemnification (Section 12), No Warranties (Section 15), Limitation of Liability (Section 16), Safety Warnings (Section 17), Intellectual Property (Section 18), Arbitration Requirement & Class Action Waiver (Section 20), Contracting Entities, Governing Law and Jurisdiction (Section 21), and all general provisions. In the event of account deletion for any reason, User Content may no longer be available and NeuralX, inc is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Account or it is terminated for any reason, you will lose access to all live and on-demand classes and any other Content or features provided through the NeuralX, inc Service. NeuralX, inc, in its sole discretion, may make available a very limited amount of Content or features to non-subscribers from time to time, and any use of that Content is governed by these Terms.

08 User Content

“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the NeuralX, inc Service; and (ii) ”User Content” means any content that users (including you) provide to be made available through the NeuralX, inc Service. Content includes, without limitation, User Content.

Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the NeuralX, inc Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the NeuralX, inc Service.

As between you and NeuralX, inc, you represent that you own (or have all rights necessary to grant NeuralX, inc the rights below to) all User Content that you submit to the NeuralX, inc Service, and that NeuralX, inc will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant NeuralX, inc a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the NeuralX, inc Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to NeuralX, inc or through the NeuralX, inc Service about improving or adding new features or products to the NeuralX, inc Service or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to NeuralX, inc a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the NeuralX, inc Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

09 Rights and Terms for Apps

Rights in App Granted. Subject to your compliance with these Terms, NeuralX, inc grants to you a limited non-exclusive, non-transferable, revocable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. NeuralX, inc reserves all rights in and to the App not expressly granted to you under these Terms.

Accessing App from an App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:

• These Terms are between you and NeuralX, inc, and not with the App Provider, and NeuralX, inc (not the App Provider), is solely responsible for the App.
• The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of NeuralX, inc.
• The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, NeuralX, inc will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
• The App Provider and its affiliates are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; (iii) you are not an individual, or associated with an entity, designated under the UK’s Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010); and (iv) you are not otherwise subject to or affected in any way by any national security or terrorism related rules whether applicable to you personally or to your location or other circumstances.
• You must also comply with all applicable third party terms of service when using the App.

10 General Prohibitions and NeuralX, inc’s Enforcement Rights

You agree not to do any of the following:

10.1 Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity; (vii) exploits minors or (viii) promotes illegal or harmful activities or substances;

10.2 Download and/or install any third party software and/or application on any NeuralX, inc hardware (excluding assistive technologies that are necessary for your own use of the NeuralX, inc Service, such as screen-readers) that is not expressly permitted by NeuralX, inc in writing;

10.3 Use, display, mirror or frame the NeuralX, inc Service or any individual element within the NeuralX, inc Service, NeuralX, inc’s name, any NeuralX, inc trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without NeuralX, inc’s express written consent;

10.4 Access, tamper with, or use non-public areas of the NeuralX, inc Service, NeuralX, inc’s computer systems, or the technical delivery systems of NeuralX, inc’s providers;

10.5 Attempt to probe, scan or test the vulnerability of any NeuralX, inc system or network or breach any security or authentication measures;

10.6 Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by NeuralX, inc or any of NeuralX, inc’s providers or any other third party (including another user) to protect the NeuralX, inc Service or Content;

10.7 Bypass any territorial restrictions, including IP address-based restrictions, that may be applied to the NeuralX, inc Service;

10.8 Attempt to access, scrape or search the NeuralX, inc Service or Content or download Content from the NeuralX, inc Service, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by NeuralX, inc or other generally available third-party web browsers;

10.9 Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

10.10 Use any meta tags or other hidden text or metadata utilizing a NeuralX, inc trademark, logo URL or product name without NeuralX, inc’s express written consent;

10.11 Use the NeuralX, inc Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by NeuralX, inc;

10.12 Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the NeuralX, inc Service or Content to send altered, deceptive or false source-identifying information;

10.13 Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the NeuralX, inc Service or Content;

10.14 Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the NeuralX, inc Service;

10.15 Collect or store any personally identifiable information from the NeuralX, inc Service from other users of the NeuralX, inc Service without their express permission;

10.16 Copy, use, index, disclose or distribute any information or data obtained from the NeuralX, inc Service, whether directly or through third parties (such as search engines), without NeuralX, inc’s express written consent;

10.17 Alter, replicate, store, distribute or create derivatives from the Content available via the NeuralX, inc Service except as expressly permitted in writing by NeuralX, inc;

10.18 Impersonate or misrepresent your affiliation with any person or entity;

10.19 Access, use or exploit the NeuralX, inc Service in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with NeuralX, inc or the NeuralX, inc Service;

10.20 Violate any applicable law or regulation; or

10.21 Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the NeuralX, inc Service or Content or to review or edit any Content, we have the right to do so for the purpose of operating the NeuralX, inc Service, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the NeuralX, inc Service and NeuralX, inc’s systems. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the NeuralX, inc Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

11 Member Interactions, Dealings with Third Parties

When interacting with other NeuralX, inc members, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence or personal or business dealings with any third party found on or through the NeuralX, inc Service, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that NeuralX, inc is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.

12 Indemnification

You agree to indemnify, defend, and hold harmless NeuralX, inc and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to (i) your activities on the NeuralX, inc Service, (ii) any User Content submitted by or on behalf of you or (iii) your violation of these Terms.

13 Third Party Software and Applications

Downloading and/or installing any third party software and/or applications that are not expressly authorized by NeuralX, inc on any NeuralX, inc hardware constitutes a breach of these Terms; any such downloading or installation is done at your own risk and may void any applicable warranty or support commitments by NeuralX, inc.

14 Third Party Links and Content

There may be links on the NeuralX, inc Service that let you leave the particular NeuralX, inc Service you are accessing in order to access a linked site that is operated by a third party. NeuralX, inc neither controls nor endorses these sites, nor has NeuralX, inc reviewed or approved the content that appears on them. NeuralX, inc is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third party sites. You acknowledge and agree that NeuralX, inc is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third party sites.

15 No Warranties

NeuralX, inc reserves the right to modify the NeuralX, inc Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the NeuralX, inc Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the NeuralX, inc Service. NeuralX, inc has no obligation to screen or monitor any Content and does not guarantee that any Content available on the NeuralX, inc Service is suitable for all users or that it will continue to be available for any length of time.

NeuralX, inc provides the NeuralX, inc Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the NeuralX, inc Service at your own risk. Other than as expressly provided in writing by NeuralX, inc in connection with your purchase of a NeuralX, inc product, to the extent permitted by law, NeuralX, inc expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, NeuralX, inc makes no representations or warranties:

• That the NeuralX, inc Service is or will be permitted in your jurisdiction;
• That the NeuralX, inc Service will be uninterrupted or error-⁠free;
• Concerning any Content, including User Content;
• Concerning any third party’s use of User Content that you submit;
• That the NeuralX, inc Service will meet your personal or professional needs;
• That NeuralX, inc will continue to support any particular feature of the NeuralX, inc Service; or
• Concerning sites and resources outside of the NeuralX, inc Service, even if linked to from the NeuralX, inc Service.

To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE NeuralX, inc SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

16 Limitation of Liability

To the fullest extent permitted by law: (i) NeuralX, inc shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the NeuralX, inc Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and (ii) NeuralX, inc’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to NeuralX, inc over the 12 months preceding the date your first claim(s) arose. If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of NeuralX, inc’s limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between NeuralX, inc and you.

17 Safety Warnings

THE NeuralX, inc SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE NeuralX, inc SITE OR HEARD ON THE NeuralX, inc SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE NeuralX, inc SERVICE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.

NOTHING STATED OR POSTED ON THE NeuralX, inc SITE OR AVAILABLE THROUGH ANY NeuralX, inc SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE NeuralX, inc SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, NeuralX, inc MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE NeuralX, inc SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

In becoming a user of NeuralX, inc with the intent of using the NeuralX, inc Service, you affirm that either (A) all of the following statements are true: (i) no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician or general practitioner has been specifically consulted by you and approved of your use of the NeuralX, inc Service.

If applicable, you further affirm that (a) you are not pregnant, breastfeeding or lactating; unless (b) your physician or general practitioner has been specifically consulted and approved your use of the NeuralX, inc Service.

NeuralX, inc reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.

18 Intellectual Property Acknowledgment

You acknowledge and agree that your use of the NeuralX, inc Services and any Content contained therein is dependent upon you agreeing to and abiding by the NeuralX, inc Intellectual Property and DMCA Policy at all times. You further acknowledge that the NeuralX, inc Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All NeuralX, inc-generated content, and content provided to NeuralX, inc by its partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions and protected under other intellectual property laws worldwide; further, as between you and NeuralX, inc, NeuralX, inc own intellectual property rights in the selection, coordination, arrangement and enhancement of all content in the NeuralX, inc Service.

19 Intellectual Property Usage and Reporting Infringement

NeuralX, inc respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party’s right or other intellectual property rights. If you believe that the NeuralX, inc Service or any Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please go to the NeuralX, inc Intellectual Property and DMCA Policy for directions on how to report it to us.

20 Arbitration Requirement & Class Action Waiver – Important – Please Review as This May Affect Your Legal Rights. Applicable to the Full Extent Permitted by Law.

20.1 Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and NeuralX, inc agree that the U.S. Federal Arbitration Act (or equivalent laws in the jurisdiction in which the NeuralX, inc entity that you have contracted with is incorporated) governs the interpretation and enforcement of these Terms and that you and NeuralX, inc are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

20.2 Exceptions and Opt-out. As limited exceptions to Section 20(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by regular mail sent to the attention of NeuralX, inc’s Legal Department at the NeuralX, inc address set out in Section 24 below within 30 days following the date you first agree to these Terms.

20.3 Initial Dispute Resolution and Notification. You agree that before initiating any Dispute or arbitration proceeding, we will attempt to negotiate an informal resolution of any dispute. To begin this process, before initiating any arbitration proceeding, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of NeuralX, inc’s Legal Department at the NeuralX, inc address set out in Section 24 below. In the Notice, you must describe the nature and basis of the Dispute and the relief you are seeking. If we are unable to resolve the Dispute within 45 days after NeuralX, inc’s receipt of the Notice, then you or NeuralX, inc may initiate arbitration proceedings as set out below.

20.4 Conducting Arbitration and Arbitration Rules. Any arbitration will be conducted by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) then in effect, except as modified by these Terms. The JAMS Rules are available at www.jamsadr.com or by calling 1-800-352-5267. A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. JAMS provides a form Demand for Arbitration at www.jamsadr.com. JAMS will appoint an arbitrator that is either (1) a retired federal or state court judge, or (2) an attorney who has been licensed to practice law in the state of New York for at least 10 years. The arbitration will be conducted by an in-person hearing, unless we both agree otherwise. If JAMS fails or declines to conduct the arbitration for any reason, we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint a different arbitration administrator.

Any arbitration hearings will take place in the county (or other municipality) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. During the arbitration, both you and NeuralX, inc may take one deposition of the opposing party, limited to 4 hours. If we cannot agree on a time and location for a deposition, the arbitrator will resolve any scheduling disputes.

20.5 Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If you assert a claim against NeuralX, inc, you will be responsible for paying a $250 consumer filing fee. NeuralX, inc will pay for all other filing, administration and arbitrator fees and expenses. If your Dispute is for less than U.S. $10,000 (including attorneys’ fees and costs) and the arbitrator, upon final disposition of the case, finds your Dispute was not frivolous, NeuralX, inc will reimburse your initial filing fee. If we prevail in arbitration, we will pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

20.6 Class Action Waiver. YOU AND NeuralX, inc AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may not consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section 20 shall be null and void.

20.7 Effect of Changes on Arbitration. Notwithstanding the provisions of Section 25 “Modification”, if NeuralX, inc changes any of the terms of this Section 20 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or the date of NeuralX, inc’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and NeuralX, inc in accordance with the terms of this Section 20 as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

20.8 Severability. With the exception of any of the provisions in Section 20(e) above, if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

21 Contracting Entities, Governing Law and Jurisdiction

Residents of the United Kingdom and Europe are contracting with NeuralX, inc UK Ltd for the NeuralX, inc Service. All other users are contracting with NeuralX, inc, Inc. unless otherwise specified in these Terms.

If your contract for the NeuralX, inc Service is with NeuralX, inc, Inc., these Terms shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. If your contract for the NeuralX, inc Service is with another NeuralX, inc entity, these terms shall be governed by the laws of the jurisdiction under which that NeuralX, inc entity is incorporated, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

Subject to the agreements in Section 20 above, (i) if your contract for the NeuralX, inc Service is with NeuralX, inc, Inc., exclusive jurisdiction for all Disputes that are not required to be arbitrated will be the state and federal courts located in New York, New York, United States of America, and you consent to the jurisdiction of those courts, and (ii) if your contract for the NeuralX, inc Service is with another NeuralX, inc entity, exclusive jurisdiction for all Disputes that are not required to be arbitrated will be the courts located in the jurisdiction under which that NeuralX, inc entity is incorporated, and you consent to the jurisdiction of those courts.

22 Interpretation; Severability; Waiver; Remedies

Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. No failure or delay by NeuralX, inc in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of NeuralX, inc. NeuralX, inc’s rights and remedies hereunder are cumulative and not exclusive.

23 Successors; Assignment; No Third Party Beneficiaries

These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without NeuralX, inc’s prior written consent. NeuralX, inc may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.

24 Notices

You consent to receive all communications including notices, agreements, disclosures, or other information from NeuralX, inc electronically. NeuralX, inc may communicate by email or by posting to the NeuralX, inc Service. For support-related inquiries, you may email Support.

Nothing in these Terms or otherwise limits NeuralX, inc’s right to object to subpoenas, claims, or other demands.

25 Modification

We may update these Terms at any time, in our sole discretion. If we do so, we’ll let you know by, at a minimum, posting the updated Terms (as indicated by a revised “Last Updated” date at the top of this page) on the NeuralX, inc Site and/or through the NeuralX, inc Service. Modifications will be effective on the date that they are posted to the NeuralX, inc Site. It’s important that you review the Terms whenever we update them before you use the NeuralX, inc Service. If you continue to use the NeuralX, inc Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 20(f) “Effect of Changes on Arbitration,” you may not use the NeuralX, inc Service anymore. Because the NeuralX, inc Service is evolving over time we may change or discontinue all or any part of the NeuralX, inc Service, at any time and without notice, at our sole discretion.

26 Entire Agreement

These Terms incorporate any other policies or procedures referenced herein that are posted to the NeuralX, inc Site from time to time:

In the event of a conflict between any policies posted on the NeuralX, inc Service and these Terms, these Terms will control. These Terms represents the entire understanding between NeuralX, inc and you regarding the NeuralX, inc Service or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

27 Force Majeure

Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.

28 Disclosures

There is no affiliation, connection, association or endorsement of the products, goods or services displayed on this page by the copyright owners, featured recording artists and authors of the sound recordings (and the musical works embodied therein) transmitted through the Feed.fm player.