Terms & Conditions
Please read the following Terms carefully that govern the basis on which SWITCH ON YOUR BRAIN INTERNATIONAL, LLC (“COMPANY”, “our” or “we”) supply content, products or services listed on www.neurocycle.app (the “Website”), through our applications (the “Apps”) or via other delivery methods to you (the Website and such content, products, services and the Apps are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of COMPANY).By accessing or using the Product, you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of COMPANY. If you do not agree to any portion of these Terms, you should not access or otherwise use the Product. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Product.
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Product or through other communications. We will make an effort to update this page with any changes to these Terms and/or to the services described in these Terms and you are encouraged to review these Terms frequently because if you continue to use the Product after we have posted modified Terms on the Product, you are indicating to us that you agree to be bound by the modified Terms (the date of the most recent revision to these Terms appear at the end of these Terms).
YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRODUCT IS AT YOUR SOLE RISK. THE PRODUCT AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCT, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE PRODUCT ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE PRODUCT, THE PRODUCT, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE PRODUCT ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE PRODUCT WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. COMPANY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE PRODUCT AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT COMPANY SHALL HAVE ADEQUATE CAPACITY FOR THE PRODUCT AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
You agree to defend, indemnify and hold COMPANY and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by COMPANY, directly or indirectly, with respect to or arising in any way out of: (i) your use of the Product or any Content contained in the Product; (ii) your placement or transmission of any message, content, information, software, or other submissions through the Product; (iii) your failure to comply with these terms; (iv) your breach of your obligations under these terms; (v) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (vi) your violation of any third party right, including without limitation any copyright, property, or privacy right.
COMPANY IS A PROVIDER OF POSITIVE THINKING TRAINING IN THE HEALTH & WELLNESS SPACE. WE ARE NOT A HEALTH CARE OR MEDICAL DEVICE PROVIDER, NOR SHOULD THE PRODUCTS BE CONSIDERED MEDICAL ADVICE. COMPANY MAKES NO CLAIMS, REPRESENTATIONS OR GUARANTEES THAT THE PRODUCTS PROVIDE A THERAPEUTIC BENEFIT. YOU UNDERSTAND AND AGREE THAT THE PRODUCTS AND ANY OTHER INFORMATION YOU OBTAIN FROM COMPANY ARE NOT INTENDED, DESIGNED, OR IMPLIED TO DIAGNOSE, CURE, MITIGATE, PREVENT, TREAT OR PROVIDE THERAPY FOR ANY CONDITION OR DISEASE OR PHYSICAL OR MENTAL CONDITION, TO ASCERTAIN THE STATE OF YOUR PHYSICAL OR MENTAL HEALTH, OR TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE. THE PRODUCT IS NOT INTENDED AS A MEDICAL DEVICE OF ANY TYPE. NOT ALL ACTIVITIES DESCRIBED ON THE PRODUCTS ARE SUITABLE FOR EVERYONE. THE PRODUCT’S CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. COMPANY DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TEST, TESTING, PHYSICIAN, MEDICAL PROVIDER, INSURANCE COMPANY, PRODUCT, SERVICE PROCEDURE, OPINION, BELIEF, OR ANY OTHER INFORMATION WHICH MAY BE MENTIONED IN THE PRODUCT. PEOPLE WITH EXISTING MENTAL HEALTH CONDITIONS SHOULD SPEAK WITH THEIR HEALTH CARE PROVIDERS BEFORE USING THE PRODUCT.
CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS. By merely providing access to the Product, Company does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) Company has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Product will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Product is accurate or complete. Your use of the Product and the services offered therein are subject to federal law and the law of the State of Texas, United States, without respect to any conflict of law rules (“Applicable Law”) as further described in the “Governing Law; Exclusive Venue” section.
PRODUCT USE AND CONTENT. You may view or download Content from the Product solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Product without the express, prior, written consent of Company. At any time, we may, without further notice, make changes to the Product, to these Terms and/or to the services described in these Terms.
COMPANY’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE PRODUCT AND/OR ANY SERVICE OR CONTENT PROVIDED IN CONNECTION WITH THE PRODUCT SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH COMPANY. EXCEPT FOR THE ACTUAL CHARGES PAID BY YOU, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE PRODUCT AND/OR ANY SERVICE OR CONTENT PROVIDED IN CONNECTION WITH THE PRODUCT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PRODUCT AND/OR ANY SERVICE OR CONTENT PROVIDED IN CONNECTION WITH THE PRODUCT INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PRODUCT AND/OR ANY SERVICE OR CONTENT PROVIDED IN CONNECTION WITH THE PRODUCT, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCT AND/OR ANY SERVICE OR CONTENT PROVIDED IN CONNECTION WITH THE PRODUCT, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE PRODUCT AND/OR ANY SERVICE OR CONTENT PROVIDED IN CONNECTION WITH THE PRODUCT BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW EVERY EXCLUSION OR LIMITATION OF LIABILITY, IN SUCH STATES OR JURISDICTIONS COMPANY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
RIGHTS IN PRODUCTS GRANTED BY COMPANY.
(i) Subject to your compliance with these Terms, and your payment of applicable subscription fees, Company grants you a limited non-exclusive, non-transferable, non-sublicenseable, revocable license to stream, download and make personal non-commercial use of the Product. Company reserves all rights in and to the Product not expressly granted to you under these Terms. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Product; (ii) distribute, transfer, sublicense, lease, lend or rent the Product to any third party; (iii) reverse engineer, decompile or disassemble the Product; (iv) make the functionality of the Product available to multiple users through any means; or (v) use the Product in any way that violates these Terms.
(ii) The Product contains or embodies copyrighted material, proprietary material or other intellectual property of Company or its licensors. All right, title and ownership in the Product remains with Company or its licensors, as applicable. The rights to download and use the Product are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with the Terms.
Should you choose to participate in a webinar on our website or app the following additional terms and conditions apply:
- You hereby grant to Company the nonexclusive royalty free worldwide right to use, display, disseminate, edit, reproduce, print, publish and make any other use of your name, image, likeness, voice, persona, signature, and biographical material (collectively, the "Identity"), in any media now known or hereafter created in connection with advertising, marketing, exploiting, presenting and promoting the Company and the webcast and the exploitation of all rights pertaining thereto as provided herein (hereinafter referred to as the “Rights”) in perpetuity.
- Company may apply for and maintain any copyright and trademark registrations and other intellectual property registrations or issuances with respect to the Rights and any renewals or extensions thereof. You hereby irrevocably designate and appoint Company and Company's employees, agents, representatives, affiliates, licensees, designees, successors and assigns ("Company's Representatives") as your agent and attorney-in-fact to act for and on your behalf and to execute and file all such documents consistent herewith that Company is unable to obtain your signature on and to do all other lawfully permitted acts necessary to carry out the provisions of this Agreement.
- You waive, discharge and release Company and Company's Representatives from any and all claims; (i) of infringement of any right of yours in, to or respecting the Company Intellectual Property and (ii) arising from Company or Company's Representatives' use of your Identity or another exploitation of the Rights in any manner contemplated or set forth herein including, without limitation, any claims based on your moral rights in the Company Intellectual Property or for inspection, approval, damages for libel, intellectual property infringement or violation of Participant's rights of privacy or publicity. You acknowledge and agree that you shall have no right of approval or consultation with respect Company's exercise of any Rights granted or assigned to it hereunder and nothing in this Agreement shall obligate Company to exercise any of its Rights.
The trademarks, service marks and logos used and displayed on the Product are COMPANY’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. COMPANY is the copyright owner or authorized licensee, where applicable, of all text, video, graphics and other creative material contained on the Product. All trademarks and service marks of COMPANY that may be referred to on the Product are the property of COMPANY. Other parties’ trademarks and service marks that may be referred to on the Product are the property of their respective owners. Nothing on the Product should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of COMPANY’s trademarks, service marks or copyrights without COMPANY’s prior written permission. COMPANY aggressively enforces its intellectual property rights. Neither the name of COMPANY nor any of COMPANY’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Product or otherwise, without COMPANY’s prior written permission, except that a third party that desires to link to the Product and that complies with the requirements of these terms may use the name “SWITCH” in or as part of that URL link. If you believe that any Content on the Product violates any intellectual property right of yours, please contact COMPANY at the address, email address or telephone number set forth at the bottom of these terms. You agree and acknowledge that the Product and all of the above described materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these terms, and any other relevant terms and conditions provided to you without COMPANY’s express prior written consent.
COMPANY makes no representation that content or materials in the Product are appropriate or available for use in jurisdictions outside the United States. Access to the Product from jurisdictions where such access is illegal is prohibited. If you choose to access the Product from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. COMPANY is not responsible for your violation of any law. You may not use or export the Content or materials in the Product in violation of U.S. export laws and regulations. The Product shall be deemed a passive website and service that does not give rise to personal jurisdiction over COMPANY, either specific or general, in jurisdictions other than the place of Applicable Law. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
You agree that the Product and these terms shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the State of Texas without regard to its conflict of law principles. To the extent the you or COMPANY are permitted under these terms to initiate litigation in a court, you agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts of the State of Texas
TERMINATION OF SERVICE. We may terminate your User Account or right to access Subscription portions of the Product at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Product, to COMPANY, to the business of the Product’s Internet service provider, or to other information providers.
Your Consent To This Agreement
By accessing and using the Product, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the Product so that you will always be able to understand the terms and conditions that apply to your use of the Product. Your use of the Product following any amendment of these Terms will signify your assent to and acceptance of its revised Terms.
Dr. Leaf Messaging Terms & Conditions
You agree to receive recurring automated marketing and informational text (e.g., SMS and MMS) messages from Dr. Leaf, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. Dr. Leaf reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Dr. Leaf also reserves the right to change the short code or phone number from which messages are sent.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Dr. Leaf, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Text the keyword STOP to 80519 to cancel. After texting STOP to 80519 you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Dr. Leaf and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Dr. Leaf through any other programs you have joined until you separately unsubscribe from those programs.
MOBILE PHONE NUMBER CHANGE
In the event that you change or deactivate your mobile phone number, you agree to notify Dr. Leaf by visiting https://support.attentivemobile.com/help/
If you are experiencing any problems, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support.
This message program is a service of Dr. Leaf, located at 2140 E Southlake Blvd, Suite L #809, Southlake, Texas 76092.
- General. In the interest of resolving disputes between you and Dr. Leaf in the most expedient and cost effective manner, you and Dr. Leaf agree that any dispute arising out of or in any way related to these terms and conditions (" Terms") or your receipt of text messages from Dr. Leaf or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms, or your receipt of text messages from Dr. Leaf or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS, YOU AND Dr. Leaf ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
- Exceptions. Notwithstanding subsection (a) above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of you or Dr. Leaf to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and Dr. Leaf will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Dr. Leaf. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice; Process. If you or Dr. Leaf intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Dr. Leaf address for Notice is: 2140 E Southlake Blvd, Suite L #809, Southlake, Texas 76092, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Dr. Leaf will make good faith efforts to resolve the claim directly, but if you and Dr. Leaf do not reach an agreement to do so within 30 days after the Notice is received, you or Dr. Leaf may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Dr. Leaf must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (iii) Fees. If you commence arbitration in accordance with these Terms, Dr. Leaf will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Dr. Leaf for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Dr. Leaf agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Dr. Leaf made within 14 days of the arbitrator's ruling on the merits.
- No Class Actions. YOU AND Dr. Leaf AGREE THAT EACH 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, unless both you and Dr. Leaf agree otherwise in a signed writing, 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.
- Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Terms, if Dr. Leaf makes any future change to this arbitration provision, other than a change to Dr. Leaf’s address for Notice, you may reject the change by sending us written notice within 30 days of the change , in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Dr. Leaf.
- Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of Paragraph 5 above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Terms shall remain in full force and effect.
CHANGES TO TERMS
We reserve the right to terminate or change our messaging program at any time. We also reserve the right to change these Terms at any time and such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.
If you have additional questions or comments of any kind, or if you see anything on the Product that you think is inappropriate, please let us know by email firstname.lastname@example.org or by sending your comments to:
Switch on Your Brain International, LLC
2140 E. Southlake Boulevard
Suite L #809
Southlake, TX 76092
EFFECTIVE AS OF: May 22, 2023