Effective date: December 14, 2020
Please note that due to COVID-19 shelter-in-place and related restrictions, we are currently operating entirely remotely. We will update our terms with a physical address when safely able to do so
Table of Contents
- What are the basics of my participation in the Programs?
- Step 1: Review These Terms and Determine Whether You Want to Participate in the Programs
- Step 2: Complete the Email Registration
- Step 3: Receive Updates on NuroLux Programs
- Will these Terms ever change?
- What if I want to stop participating in the Program?
- What else do I need to know?
- Personal Data
- Categories of Personal Data We Collect
- Categories of Sources of Personal Data
- Our Commercial or Business Purposes for Collecting Personal Data
- How We Share Your Personal Data
- Tracking Tools, Advertising and Opt-Out
- Data Security and Retention
- Personal Data of Children
- Health Insurance Portability & Accountability Act
- State Law Privacy Rights
- Contact Information
These Terms are a binding contract between you and NuroLux (“NuroLux,” “we” and “us”). Your participation in the Program in any way means that you agree to all of these Terms, and these Terms will remain in effect while you participate in the Programs. These Terms include the provisions in this document as well as any other relevant policies. Your use of or participation in the Programs may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in our Program, you agree to also comply with these Additional Terms.
What are the basics of my participation in the Programs?
Step 1: Review These Terms and Determine Whether You Want to Participate in the Programs
Please read these Terms carefully. They cover important information about the Programs. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR PARTICIPATION IN THE PROGRAMS IS SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT PARTICIPATE IN THE PROGRAMS IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Step 2: Complete the Email Registration for Updates
Once you confirm you would like more information on the Programs and have reviewed these Terms carefully, complete our email registration, which asks for contact information (including your first name, last name, zip code and email address).
Step 3: Receive Updates on NuroLux Programs
After you fill out and submit the email registration, we will provide you with updates
You represent and warrant that you are an individual of legal age to form a binding contract.
You will only participate in the Programs for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your participation in the Programs is prohibited by applicable laws, then you aren’t authorized to participate in the Programs. We can’t and won’t be responsible for your participation in the Programs in a way that breaks the law.
No Medical, Psychological or Clinical Advice, Treatment or Services; Not for Emergencies
NuroLux does not offer medical, psychological, or clinical advice, treatment or diagnoses, or engage in the practice of medicine or psychology. Our Programs are not intended to be a substitute for professional medical, psychological or clinical advice, diagnosis, or treatment and are offered for informational and coaching purposes only. The Programs are not intended to be, and must not be taken to be, the practice of medicine, nursing, psychology, pharmacy or other healthcare advice by NuroLux.
Reliance on any information provided by NuroLux or in connection with the Programs is solely at your own risk. You are solely responsible for any decisions or actions you take based on the information and materials available through the Programs.
Health care providers and patients should always obtain applicable diagnostic information from appropriate trusted sources. Healthcare providers should never withhold professional medical advice or delay in providing it because of something they have read in connection with our Programs.
THE PROGRAMS SHOULD NEVER BE USED AS A SUBSTITUTE FOR EMERGENCY CARE. IF YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, ARE THINKING ABOUT SUICIDE OR TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, YOU SHOULD SEEK EMERGENCY TREATMENT AT THE NEAREST EMERGENCY ROOM OR DIAL 911.
Will these Terms ever change?
We are constantly trying to improve our Programs, so these Terms may need to change along with our Programs. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at www.nurolux.com, send you an email, and/or notify you by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to participate in the Programs. If you participate in the Programs in any way after a change to the Terms is effective, that means you agree to all of the changes.
What if I want to stop participating in the Programs?
NuroLux is also free to terminate (or suspend access to) your participating in the Programs for any reason in our discretion, including your breach of these Terms. Nurolux has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
What else do I need to know?
Warranty Disclaimer. Nurolux and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (NuroLux and all such parties together, the “NuroLux Parties”) make no representations or warranties concerning the Programs, and the Nurolux Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Programs or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Programs. The NuroLux Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Programs. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Programs are provided “AS-IS” and without any warranty of any kind from the Nurolux Parties or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE PROGRAMS ARE PROVIDED BY SCA ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE SCA PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE OR ACCURACY OF RESULTS, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without NuroLux’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with NuroLux and limits the manner in which you can seek relief from NuroLux. Both you and NuroLux acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, NuroLux officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
- Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in San Diego County, California or any United States county where you live or work . The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
- Costs of Arbitration. The parties will agree to share Arbitration costs. Each party is responsible for its own attorney’s fees. SCA may seek its attorney’s fees and costs in arbitration if the arbitrator determines that your claim is frivolous.
- Small Claims Court; Infringement. Either you or SCA may assert claims, if they qualify, in small claims court in San Diego County, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
- Waiver of Jury Trial. YOU AND SCA WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and SCA are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and SCA over whether to vacate or enforce an arbitration award, YOU AND SCA WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor SCA is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
- Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following email address: email@example.com received within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) your email address and/or telephone number, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
- Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or NuroLux to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and NuroLux agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, San Diego County, California, or the federal district in which that county falls.
- Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with NuroLux.
Miscellaneous. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and NuroLux agree that these Terms are the complete and exclusive statement of the mutual understanding between you and NuroLux, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of NuroLux, and you do not have any authority of any kind to bind NuroLux in any respect whatsoever.
Except as expressly set forth in the section above regarding the arbitration agreement, you and NuroLux agree there are no third-party beneficiaries intended under these Terms.
Categories of Personal Data We Collect
This chart details the categories of Personal Data that we collect:
|Category of Personal Data||Examples of Personal Data We Collect||Categories of Third Parties With Whom We Share this Personal Data:|
|Profile or Contact Data||· First and last name
· Phone number
· Unique identifiers such as passwords
|· Service Providers
|Payment Data||· Payment card type
· Last 4 digits of payment card
· Billing address, phone number, and email
|· Service Providers|
|Commercial Data||· Consumer profiles||· Service Providers
|Device/IP Data||· IP address
|· Service Providers
· Advertising Partners
· Analytics Partners
|Web Analytics||· Web page interactions
· Referring webpage/source through which you accessed the Program
· Non-identifiable request IDs
· Statistics associated with the interaction between device or browser and the Programs
|· Service Providers
· Advertising Partners
· Analytics Partners
|Social Network Data||· IP address||· Service Providers
|Consumer Demographic Data||· Age / date of birth
· Zip code
|· Service Providers
|Professional or Employment-Related Data||· Resume
· Job title
· Job history
· Performance evaluations
|· Service Providers
|Geolocation Data||· IP-address-based location information||· Service Providers
|Health Data||· Medical conditions and Autism Spectrum Disorder diagnosis
· Medical insurance information
· Autism service providers
· Autism medical professionals
|· Service Providers
|Inferences Drawn From Other Personal Data Collected||· Profiles reflecting user attributes
· Profiles reflecting user behavior
|· Service Providers
· Advertising Partners
|Other Identifying Information that You Voluntarily Choose to Provide||· Identifying information you disclose to us during phone calls or in emails or letters you send us||· Service Providers
Categories of Sources of Personal Data
We collect Personal Data about you and your impacted child(ren) from the following categories of sources:
- When you provide such information directly to us.
- When you use our interactive tools and participate in the Programs.
- When you voluntarily provide information in free-form text boxes through the Programs or through responses to surveys or questionnaires.
- When you send us an email or otherwise contact us.
- When you use or participate in the Programs and such information is collected automatically.
- Through Cookies (defined in the “Tracking Tools, Advertising and Opt-Out” section below).
- If you use a location-enabled browser, we may receive information about your location.
- Public Records
- From the government or other sources, including public social media profiles.
- Third Parties
- We may use analytics providers to analyze how you interact and engage with the Programs, or third parties may help us provide you with customer support.
- We may use vendors to obtain information to generate leads and create user profiles.
- Advertising Partners
- We receive information about you from some of our vendors who assist us with marketing or promotional services related to how you interact with our websites, applications, products, Programs, advertisements or communications.
- When you provide such information directly to us.
Our Commercial or Business Purposes for Collecting Personal Data
- Providing, Customizing and Improving the Programs
- Providing you with the products, services or information you request.
- Meeting or fulfilling the reason you provided the information to us.
- Providing support and assistance for the Programs.
- Improving the Programs, including testing, research, internal analytics and product development.
- Personalizing the Programs, website content and communications based on your preferences.
- Doing fraud protection, security and debugging.
- Carrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws.
- Processing orders or other transactions; billing.
- Marketing the Programs
- Marketing the Programs,
- Showing you advertisements, including interest-based or online behavioral advertising.
- Corresponding with You
- Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about NuroLux or the Programs.
- Sending emails and other communications according to your preferences or that display content that we think will interest you.
- Meeting Legal Requirements and Enforcing Legal Terms
- Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.
- Protecting the rights, property or safety of you, NuroLux or another party.
- Enforcing any agreements with you.
- Responding to claims that any posting or other content violates third-party rights.
- Resolving disputes.
We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice.
How We Share Your Personal Data
We disclose your Personal Data to the categories of service providers and other parties listed in this section.
- Service Providers. These parties help us provide the Program on our behalf. They include:
- Hosting, technology and communication providers.
- Security and fraud prevention consultants.
- Support and customer service vendors.
- Payment processors.
- Clinics, businesses and referring physicians support individuals with Autism.
- Advertising Partners. These parties help us market the Program and provide you with other offers that may be of interest to you. They include:
- Ad networks.
- Analytics Partners. These parties provide analytics on web traffic or usage of the Programs. They include:
- Companies that track how users found or were referred to the Programs.
- Companies that track how users interact with the Programs.
We may share any Personal Data that we collect with third parties in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms” in the “Our Commercial or Business Purposes for Collecting Personal Data” section above.
All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.
Data that is Not Personal Data
We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve the Programs and promote our business, provided that we will not share such data in a manner that could identify you.
Tracking Tools, Advertising and Opt-Out
We may use the following types of Cookies:
- Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services and Programs. Disabling these Cookies may make certain features and services unavailable.
- Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services and Programs. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Retargeting/Advertising Cookies. Retargeting/Advertising Cookies collect data about your online activity and identify your interests so that we can provide advertising that we believe is relevant to you. For more information about this, please see the section below titled “Information about Interest-Based Advertisements.”
You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Program and functionalities may not work.
To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To find out more information about Cookies, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/.
Information about Interest-Based Advertisements:
We may serve advertisements, and also allow third-party ad networks, including third-party ad servers, ad agencies, ad technology vendors and research firms, to serve advertisements through the Programs. These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors (“Interest-Based Ads”). Information for Interest-Based Ads (including Personal Data) may be provided to us by you, or derived from the usage patterns of particular users on the Programs and/or services of third parties. Such information may be gathered through tracking users’ activities across time and unaffiliated properties, including when you leave the Programs. To accomplish this, we or our service providers may deliver Cookies, including a file (known as a “web beacon”) from an ad network to you through the Programs. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Web beacons allow ad networks to view, edit or set their own Cookies on your browser, just as if you had requested a web page from their site.
Through the Digital Advertising Alliance (“DAA”) and Network Advertising Initiative (“NAI”), several media and marketing associations have developed an industry self-regulatory program to give consumers a better understanding of, and greater control over, ads that are customized based a consumer’s online behavior across different websites and properties. To make choices about Interest-Based Ads from participating third parties, including to opt-out of receiving behaviorally targeted advertisements from participating organizations, please visit the DAA’s or NAI’s consumer opt-out pages, which are located at http://www.networkadvertising.org/choices/ or www.aboutads.info/choices.
Data Security and Retention
We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. Although we work to protect the security of your data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.
We retain Personal Data about you for as long as necessary to allow you to participate in the Programs. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.
Personal Data of Children
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at firstname.lastname@example.org.
Health Insurance Portability & Accountability Act
Some professionals you may interact with in connection with our Services and Programs qualify as “health care providers” under the Health Insurance Portability & Accountability Act (“Health Care Providers” and “HIPAA”, respectively). Such Health Care Providers may require you to review and acknowledge their specific HIPAA Notice of Privacy Practices; any such terms are between you and such Health Care Provider.
State Law Privacy Rights
California Resident Rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at email@example.com.
Nevada Resident Rights
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at firstname.lastname@example.org with the subject line “Nevada Do Not Sell Request” and providing us with your name. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.
If you have any questions or comments about these Terms, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at: email@example.com. Because of the COVID-19 pandemic and current shelter-in-place mandates, we will eventually update our terms and website with a physical address.