TERMS OF SERVICE
Last Updated: 05/18/2021
These Terms of Service (“Terms”) constitute a binding written agreement between Neuropeak Pro, LLC (“Neuropeak”, “we”, “us” or “our”) and you. Please read these Terms carefully. These Terms govern your access or use of the Neuropeakpro.com website (the “Website”) and any other applications, tools, content, products, and services (collectively, the “Service”) made available by Neuropeak, or its representatives, affiliates, officers and directors. Your access to and use of the Service is conditioned upon your acceptance of all terms, conditions, policies and notices stated in these Terms. By accessing or using the Service, you agree to be bound by the Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to all the Terms, then you may not access the Website or use the Service.
PLEASE READ: THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION AGREEMENT, REQUIRING ANY DISPUTE BETWEEN YOU AND US, EXCEPT FOR SMALL CLAIMS, TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND REQUIRING YOU TO WAIVE JURY TRIALS, CLASS ACTIONS, AND OTHER COURT PROCEEDINGS OF ANY KIND. BY ENTERING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND EXPRESSLY AGREE TO THE MANDATORY ARBITRATION PROVISION.
INFORMED CONSENT FOR NEUROPEAK PRO SERVICE
Welcome to Neuropeak Pro. Our team has designed a comprehensive training program utilizing Biofeedback, Neurofeedback and other techniques to assist our clients in achieving peak performance. These Terms outlines the Service we will be providing to you and gives you the opportunity to consent to the Terms. You must agree to these Terms prior to Service being provided.
BIOFEEDBACK, NEUROFEEDBACK AND OTHER SERVICE:
Biofeedback and Neurofeedback are non-invasive processes that use auditory, visual, and other feedback to support a client in balancing their autonomic nervous system (ANS) and shifting their brainwave activity into more balanced patterns. Our goal is to improve focus, mood, memory, and overall performance. When you work with us on biofeedback you will use a Bluetooth sensor that connects to a mobile app and provides data on heart rate variability. We will also train you to use breathing techniques that promote balance within the ANS and help improve your performance. If your program includes neurofeedback, an EEG sensor will be placed at a key point on the head during your sessions. The sensor will send information to an app regarding electrical activity at the sensor site, which is translated into information about brain activity. Feedback will be given to you via a smartphone application or a computer we provide you, depending on the service package you select.
This Service will be provided remotely. We use electronic information and communication technologies to deliver Service to an individual when he or she is located at a different site than the professional. You will first meet either in-person or remotely with one of our professionals, who will do an initial review based on an interview and other information you have provided. During the first meeting, you will also be trained on how to use the equipment we will provide. Note that your state does not license neurofeedback or biofeedback technicians.
The subconscious feedback to your brain will be delivered to us via the app as you engage in a series of activities. All of your data is then stored and displayed within the app, which allows the professional you are working with to review and track your progress. At certain intervals during the course of your program you will meet with a team member to review progress. This process will continue until you meet your goals.
BINDING ARBITRATION & CLASS ACTION WAIVER
MANDATORY BINDING ARBITRATION
BY AGREEING TO THESE TERMS, YOU AGREE THAT ALL DISPUTES, CLAIMS, OR CAUSES OF ACTION ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF (COLLECTIVELY, “DISPUTES”), WILL BE RESOLVED THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AND NOT IN A COURT OF LAW IN ANY JURISDICTION, AND NOT IN A CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION OR PROCEEDING, AS FURTHER SET FORTH BELOW.
You and Neuropeak agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
CLASS ACTION WAIVER
YOU ACKNOWLEDGE AND AGREE THAT YOU AND NEUROPEAK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND NEUROPEAK AGREE IN WRITING, ANY ARBITRATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THIS PARAGRAPH IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ENTIRETY OF THE ARBITRATION AGREEMENT SET FORTH IN THIS SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY, AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES ON A CLASS BASIS.
Notwithstanding the parties’ agreement to resolve all Disputes through arbitration, you and Neuropeak each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyright rights, trade secrets, patents or other intellectual property rights.
You can choose to reject this Arbitration Agreement by sending us a written opt-out notice (“Opt-Out Notice”) within 30 days following the date you first agree to these Terms, by email at [email protected] or by mail at Neuropeak Pro LLC, 201 Monroe Ave NW, Ste 400, Grand Rapids, Mi 49503. If mailed, the Opt-Out Notice must be post-marked no later than 30 days following the date you first agree to these Terms. To be effective, the Opt-Out Notice must contain your name, address, and signature. If you opt-out of the Arbitration Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may enter with Neuropeak.
RULES, PROCEDURES & GOVERNING LAW
The arbitration will be administered by AAA under its Consumer Arbitration Rules and any supplementary rules then in effect (the “AAA Rules”), except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling the AAA at (800) 778-7879. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. Notwithstanding any choice of law or other provision in the Terms, you and Neuropeak agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement of proceedings pursuant thereto. It is the intent of the parties that the AAA Rules and FAA shall preempt all state laws to the fullest extent permitted by law. If the AAA Rules and FAA are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of Michigan, without regard to its choice or conflict of law provisions.
A party who wishes to start arbitration must submit a written Demand for Arbitration to the AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. You can contact the AAA for more information on how to commence an arbitration proceeding at www.adr.org or (800) 778-7879.
For claims under $10,000, you may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. If your claim is at or above $10,000, your right to a hearing will be determined by the AAA Rules.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s applicable rules. We will reimburse those fees for claims totaling less than $10,000, unless the arbitrator finds your Dispute frivolous. If Neuropeak prevails in arbitration, it will pay all of its attorneys’ fees and costs and will not seek to recover them from you.
CHANGES TO ARBITRATION AGREEMENT OR CLASS ACTION WAIVER
Notwithstanding the provisions of this Binding Arbitration & Class Action Waiver Section of these Terms, if Neuropeak changes any of the terms of this Binding Arbitration & Class Action Waiver Section 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 a written notice of such rejection within 30 days of the of the date such change became effective, as indicated in the “Last Updated” date above. This written notice must be provided either by email [email protected] or by mail to Neuropeak Pro LLC, 201 Monroe Ave NW, Ste 400, Grand Rapids, Mi 49503. In order to be effective, the notice must include your full name, address, and signature, and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Neuropeak in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
See the return policy here.
THIRD-PARTY LINKS & TOOLS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
ERRORS, INACCURACIES & OMISSONS
Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website, its content, or the Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service, the Website, or any related website for engaging in any of the prohibited uses.
Our Service is not designed or intended to diagnose, assess, or treat emotional, physical or mental health problems. For example, our Service is not designed or intended to treat, cure, or prevent depression, obsessive-compulsive disorder, schizophrenia, bipolar disorder or any other clinically diagnosable medical condition. If you are thinking about harming yourself or others, you are suffering a mental-health emergency that requires immediate care, or you are concerned about some other person harming themselves or others, immediately contact your local authorities using 911.
If necessary, you should not delay in obtaining in-person care from your doctor or other qualified healthcare professional. You should not disregard, ignore, or fail to follow the directions of your doctor or other qualified healthcare professional as a result of any information or advice you may receive while engaging in Neuropeak Service. You should not change the dosages or stop taking any medications prescribed to you by a licensed healthcare provider without first talking to your healthcare provider.
WAIVER AND RELEASE
I forever waive, release, and discharge any claims, causes of actions, demands, or rights I may have, now or in the future, against Neuropeak Pro, LLC, and any of its affiliates, insurers, employees, contractors, and agents for claimed personal physical or mental injuries or consequential damages that may be sustained by me as a result of participating in this experience with Neuropeak. I acknowledge that I understand and agree that, upon signing this document, Neuropeak and its affiliates, insurers, employee, contractors, and agents will be released from any potential liability.
A breach or violation of any of the Terms will result in an immediate termination of your Service.
We reserve the right to refuse service to anyone for any reason at any time. We reserve the right, but are not obligated, to limit the sales of our products or Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Service that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us. Neuropeak does not grant you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the content on or transmitted through the Website or Service.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Neuropeak is committed to providing all clients with exceptional service. When a client cancels without giving enough notice, they prevent another client from being seen. Please contact Neuropeak Pro at least 24 hours in advance of your scheduled appointment to notify us of any changes or cancellations.
I acknowledge that I am responsible for payment in full. I understand and agree that I am financially responsible to make prompt payment in full on any balances including monthly program installments or monthly subscription costs. I understand there will be a $25 fee for returned checks.
Delinquent accounts will be reported to a collection agency following Neuropeak’s normal collection procedures to resolve any outstanding balances. You agree to reimburse us collection fees of any collection agency, which may be based on a percentage at a maximum of 25% of the debt, and all costs and expenses, including reasonable attorney’s fees, we incur in such collection efforts. Please inform Neuropeak if you know your payment will be late in arriving or if you require payment arrangements. Delinquent accounts will have access to the neurofeedback platform suspended until the account becomes current.
Neuropeak complies with applicable Federal and state laws and does not discriminate against clients based upon race, ethnicity, color, gender, creed, ancestry, lawful occupation, marital status, health status, place of residence, national origin, religion, age, sexual orientation, gender identification, mental or physical disability or any other grounds prohibited by law.
I have read and understand the above disclosures about the Service offered and the team members’ experience and training, including, but not limited to, the fact that team members are not professionally licensed providers and that the Service is not, nor is it intended to be, provided for any purpose related to diagnosing, treating, curing, or preventing any clinically diagnosable condition. I understand the nature of the Service to be provided. I understand and consent to Neuropeak providing Service to me remotely. I understand it is my responsibility to maintain a relationship with a licensed healthcare provider to diagnose and treat any particular mental or physical health condition. I certify that I am 18 years of age or older or an emancipated minor and that I have read this form or it was read to me. If the Service is being provided to a minor, I certify that I have legal authority to consent on the minor’s behalf and that I have read this form or it was read to me.
I voluntarily consent to receive the Service described above. I am aware that the Service provided by Neuropeak are not clinical in nature. I understand and agree that no oral or written representations, guarantees, or warranties have been made to me by Neuropeak regarding the Service to be provided or the outcome of using the Service.
By checking this box, I am acknowledging my understanding of the principles set forth above. I agree, by checking this box, that all of the above provisions apply.