Terms and Conditions
Agreement between User and https://www.neu.fit
Welcome to NeuFit’s website at www.neu.fit (the “Site”). The site is comprised of various web pages operated by Neurological Fitness Equipment and Education LLC and Neurological Fitness and Recovery Facilities LLC (collectively, “NeuFit”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (collectively, the “Terms”). As an individual visiting this Site (a “User”), your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Information Contained on the Site
The Site is an informational, educational, and marketing web site for NeuFit. The web site is intended to educate people on the types of products and services that NeuFit provides. These include services to promote recovery from injury, training for increased fitness, and also education on the use of NeuFit’s methods to other practitioners who want to offer these types of services in their own businesses. From time to time, NeuFit may also share material that is meant to provide education on various health-related topics. NeuFit provides no warranty or guarantee about the accuracy of this information, or it’s safety for individual readers. Each User should follow the advice and guidance of his or her licensed health care provider before trying anything shared on this web site. NeuFit’s products may only be used in accordance with the relevant regulations and requirements, including any requirements related to prescription use or the supervision of a licensed practitioner.
Visiting NeuFit or sending emails to NeuFit constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
NeuFit does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use NeuFit only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
NeuFit may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of NeuFit and NeuFit is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NeuFit is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NeuFit of the site or any association with its operators.
Certain services made available via NeuFit are delivered by third party sites and organizations. By using any product, service or functionality originating from the NeuFit domain, you hereby acknowledge and consent that NeuFit may share such information and data with any third party with whom NeuFit has a contractual relationship to provide the requested product, service or functionality on behalf of NeuFit users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to NeuFit that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of NeuFit or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. NeuFit content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of NeuFit and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of NeuFit or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by NeuFit from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the NeuFit content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless NeuFit, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. NeuFit reserves the right, at its own discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NeuFit in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in Austin, Texas and using the laws of the State of Texas. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and NeuFit agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NEUFIT MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AND THESE TERMS AT ANY TIME.
NEUFIT MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NEUFIT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NeuFit reserves the right, in its sole discretion, to terminate a user’s access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and NeuFit as a result of the Terms contained in this agreement or use of the Site. NeuFit’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of NeuFit’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by NeuFit with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Unless otherwise specified herein, these Terms constitutes the entire agreement between the user and NeuFit with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NeuFit with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
NeuFit reserves the right, in its sole discretion, to change the Terms under which NeuFit is offered. The most current version of the Terms will supersede all previous versions. NeuFit encourages you to periodically review the Terms to stay informed of our updates.
NeuFit welcomes your questions or comments regarding the Terms:
2501 S. Capital of Texas Hwy
Austin, Texas 78746
Email Address: [email protected]
Telephone number: (512) 225-6909
Effective as of January 1, 2021