NEUROGUIDES
TERMS AND CONDITIONS
Last updated July 12, 2024
As used in our terms, conditions, and notices, “NeuroGuides, LLC,” “NeuroGuides,” “our,” “us” and “we” refers to NeuroGuides, LLC.
Our website, myneuroguide.com, referred to as “myneuroguide.com” or “the Website,” is owned by NeuroGuides, LLC. The website contains written, image and video content, training materials, printables, services or other materials (collectively, “Our Web Properties and Services”) made available on the Website and managed by us on our social media (Facebook, Twitter, Instagram, LinkedIn and other community or interactive sites). Our Web Properties and Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your download or use of any of Our Web Properties or Services constitutes your agreement to all such terms, conditions, and notices.
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PLEASE READ THESE TERMS, CONDITIONS, AND DISCLAIMERS BEFORE USING OUR WEB PROPERTIES AND SERVICES.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and NeuroGuides, LLC, concerning your access to and use of Our Web Properties and Services. You agree that by accessing Our Web Properties and Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OUR WEB PROPERTIES AND SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
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Other sites linking to Our Web Properties and Services are not endorsed by us, and we are not responsible for their content. The content of other sites that are linked from our Website or Web Properties and Services is the responsibility of the owner or maintainer of the linked site, and we do not sponsor or endorse the linked site. Please contact admin@myneuroguide.com with any questions you have regarding whether we are the owner or provider of a linking site or of a linked site.
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Supplemental terms and conditions or notices that may be posted on the Web Properties and Services are hereby expressly incorporated herein by reference. We reserve the right, at our sole discretion, to modify, make changes to, add or remove portions of these terms, conditions and notices at any time and for any reason. We will alert you to such changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each change. It is your responsibility to periodically review these Legal Terms to remain informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Web Properties and Services after the date such revised Legal Terms are posted.
We recommend that you print a copy of these Legal Terms for your records.
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TERMS OF USE
Our Web Properties and Services are intended to be used for general educational guidance and instructional purposes only and do not constitute legal, medical, or therapeutic advice. Unless otherwise specified, Our Web Properties and Services are for your personal and noncommercial use.
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The information provided when using Our Web Properties and Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, users who choose to access Our Web Properties and Services from other locations do so on their own initiative and are solely responsible for compliance with local laws and regulations.
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The content on Our Web Properties, including videos, training materials, or other information or materials, shall not be construed as an offer to represent you. Use, purchase, receipt of, or access to, the information on Our Web Properties does not create a professional-client relationship between you and NeuroGuides, LLC.
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INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
We are the owner or licenser or all intellectual property rights in Our Web Properties and Services, including all website designs, audio, video, text, original illustrations, charts, and graphics in the Web Properties and Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
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Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and globally. The Content and Marks are provided in or through the Web Properties and Services “AS IS” for your personal, non-commercial use or internal business purpose only.
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You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from Our Web Properties and Services.
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You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download, and print hard copy portions of the material from the different areas of Our Web Properties solely for your own noncommercial use. Any other use of materials in Our Web Properties and Services, including but not limited to the modification, reproduction, distribution, republication, display, or transmission of the content of Our Web Properties and Services, without our prior written permission is strictly prohibited.
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Any breach of these Intellectual Property Rights will constitute a breach of our Legal Terms and your right to use our Services will terminate immediately.
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Your Submissions
Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Web Properties and Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through Our Web Properties and Services.
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Submissions: By directly sending us (via blog comments, emails, form submissions, or file sharing) any question, comment, suggestion, idea, feedback, or other information about Our Web Properties and Services (collectively, “Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
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You are responsible for the contents of submissions you post or upload: By sending us Submissions through any part of Our Web Properties or Services you:
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Confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not pose, send, email, publish, upload, or transmit any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening, sexually explicit, or deliberately false, inaccurate, deceitful, or misleading;
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To the extent permitted by applicable law, waive any and all moral rights to any such Submission;
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Warrant that any such Submissions are original to you or that you have the necessary rights and permissions to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
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Warrant and represent that your Submissions do not include confidential information
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may incur due to your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
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USER REPRESENTATIONS
By accessing and using Our Web Properties and Services, you represent and warrant that:
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You have the legal capacity and agree to comply with these Legal Terms;
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You are not a minor in the jurisdiction in which you reside and/or are accessing Our Web Properties and Services;
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You will not access Our Web Properties or Services through automated or non-human means (through a bot, script, or otherwise);
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You will not repeatedly post or “spam” comment sections, blog posts, message boards, or any other area of Our Web Properties and Services;
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You will not misrepresent yourself, your profession, or your expertise in your interactions with NeuroGuides or other Users of Our Web Properties and Services;
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You will not use Our Web Properties and Services for any illegal or unauthorized purpose; and
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Your use of Our Web Properties and Services will not violate any applicable law or regulation
If you misrepresent yourself or provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Services.
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PROHIBITED ACTIVITIES
You may not access or use Our Web Properties and Services for any purpose other than that for which we make our Content and Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
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As a user of Our Web Properties and Services, you agree not to:
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Systematically retrieve data or other content from Our Web Properties and Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without permission from us;
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Trick, defraud, or mislead NeuroGuides or other users, especially in any attempt to learn sensitive account information or private confidential personal information;
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Circumvent, disable, or otherwise interfere with security-related features of Our Web Properties and Services, including features that prevent or restrict the use or copying of any Content;
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Remove copyrights, Marks, or watermarks from Content;
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Disparage, tarnish, or otherwise harm, in our opinion, us and/or Our Web Properties and Services;
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Use any information obtained from Our Web Properties and Services in order to harass, abuse, or harm another person;
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Make improper use of our Web Properties and Services or submit false reports of abuse or misconduct;
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Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of All Caps and spamming;
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Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, bots, or similar data gathering and extraction tools;
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Attempt to impersonate another user, person, or employee of NeuroGuides, LLC;
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Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you;
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Attempt to bypass any measures of the Services designed to prevent or restrict access to Our Web Properties and Services, or any portion thereof; or
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Use Our Web Properties and Services as part of any effort to compete with us or otherwise use the Services or Content for any revenue-generating endeavor or commercial enterprise, including soliciting others to join or become members of any other commercial online services or other organization.
We may remove any content that we determine violates our policies or these Terms of Use. Objectionable user-submitted content should be brought to our attention by emailing admin@myneuroguide.com. We cannot and do not review all user generated content. It is possible that you may encounter user generated content which may be offensive, unlawful, deceptive, misleading or inaccurate. We do not have any liability for content or information generated by others. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS NEUROGUIDES, LLC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER NEUROGUIDES/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
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Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Website’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
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We respect the intellectual property of others, and we ask our users and visitors to do the same. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, we will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
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If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information. Please be advised that to be effective, the Notification must include ALL of the following:
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A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
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Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (providing URLs in the body of your notice is the best way to help us locate content quickly);
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Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
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A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, the copyright owner, your agent, or the law;
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A statement that the information in the notification is accurate, and under penalty of perjury, that you, as the complaining party, are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
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By Mail: NeuroGuides, LLC Attention: Legal/Infringement Notice
37201 Tanyard Drive, Mechanicsville, MD 20659
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By Email: admin@myneuroguide.com (Please include “Notice of Infringement” in the subject line.) See our Designation of Agent information on file with the U.S. Copyright Office at: http://www.copyright.gov/onlinesp/list/a_agents.html.
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PAYMENT POLICY
Payment for content purchased through our website is due in full at the time of purchase or before accessing content. You are responsible for nonpayment, even if the fee is paid by a third party. Accepted payment methods are PayPal, credit card, and debit card. We cannot accept checks. Prices are subject to change without notice.
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Payment for Advocacy or Coaching Services is governed by the policies and procedures outlined in your signed contract with NeuroGuides, LLC.
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NO WARRANTIES
Your use of Our Web Properties is at your own risk, and we are not liable for inaccuracy or errors in any material in Our Web Properties and Services. Our Web Properties and Services are provided AS IS and WITHOUT WARRANTY OF ANY KIND, either express or implied. There is NO WARRANTY of MERCHANTABILITY or FITNESS FOR PARTICULAR PURPOSE or non-infringement. We do not warrant the availability or functionality of Our Web Properties and Services or that they will operate in an error-free manner or free from viruses, worms, or other harmful code. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
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MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of Our Web Properties and Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on Our Web Properties and Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance or Our Web Properties and Services.
We cannot guarantee that Our Web Properties and Services will be available at all times, due to the possibility of hardware, software or other problems related to the Web Properties and Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to use or access Our Web Properties and Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support Our Web Properties and Services or to supply any corrections, updates, or releases in connection therewith.
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DISPUTES
Indemnity
To the fullest extent permitted by law, you are responsible for your use of Our Web Properties and Services, and you will defend and indemnify NeuroGuides, LLC and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the “NeuroGuides Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Web Properties and Services; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
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Binding Arbitration and Class Action Waiver
You and NeuroGuides, LLC agree to arbitrate all disputes between you and NeuroGuides or its affiliates, except disputes relating to the enforcement of NeuroGuides’ or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action, or other controversy between you and us concerning Our Web Properties and Services or these terms, whether in contract, tort, warranty, statute, or regulation or other legal or equitable basis. You and NeuroGuides empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms is void or voidable.
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In the event of a dispute, you or NeuroGuides must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to the address below. We will send any notice of dispute to you at the contact information we have for you. You and NeuroGuides will attempt to resolve a dispute through informal negotiation within thirty (30) days from the date the notice of dispute is sent. After thirty (30) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first. You must send any notice of the dispute to: Attention: Legal/Arbitration Notice [37201 Tanyard Drive, Mechanicsville, MD 20659].
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If a dispute is not resolved by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer-Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
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Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, NeuroGuides will pay all filing, AAA, and arbitrator’s fees and expenses.
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The seat, or legal place, of arbitration shall be Leondardtown, Maryland, United States of America.
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PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor NeuroGuides will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
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GOVERNING LAW
You agree that any action at law or in equity arising out of or relating to these Legal Terms or NeuroGuides, LLC that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in Leondardtown, Maryland, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
These terms are governed by and construed in accordance with the laws of the State of Maryland and the laws of the United States, without giving effect to any conflict of law principles.
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ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting Our Web Properties, engaging in video sessions or meetings, sending us emails, file sharing or uploading, sending electronic payment, and completing online forms constitute electronic communications and transactions. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email or as part of Our Web Properties and Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, INVOICES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLED THE US OR VIA OUR WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or deliver or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
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MISCELLANEOUS
Severability
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
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Survival
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
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Waiver
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
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CONTACT US
In order to resolve a complaint regarding Our Web Properties and Services or to receive further information regarding Our Web Properties or Services, please contact us at:
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NeuroGuides, LLC
1-240-466-1460
37201 Tanyard Dr.
Mechanicsville, MD 20659