CONDITIONS OF USE

Welcome to RewireNeuro.com. Rewire Neuroscience LLC and/or its affiliates ("Rewire") provide website features and other products and services to you when you visit or shop at RewireNeuro.com, use Rewire Neuroscience products or services, use Rewire Neuroscience applications for mobile, or use software provided by Rewire Neuroscience in connection with any of the foregoing (collectively, "Rewire Services"). Rewire Neuroscience provides the Rewire Services subject to the following conditions.

BY USING REWIRE SERVICES, YOU AGREE TO THESE CONDITIONS PLEASE READ THEM CAREFULLY.

We offer a wide range of Rewire Services, and sometimes additional terms may apply. When you use a Rewire Service (for example, Your Profile, my.RewireNeuro.com, jabstracts.com, meetingshare.io, Rewire devices, or Rewire applications) you also will be subject to the guidelines, terms and agreements applicable to that Rewire Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our  Rewire Privacy Notice, which also governs your use of Rewire Services, to understand our practices.

SECURITY

While no online service is 100% secure, we work very hard to protect information about you against unauthorized access, use, alteration, or destruction, and take reasonable measures to do so, such as monitoring our Services for potential vulnerabilities and attacks.

ELECTRONIC COMMUNICATIONS

When you use Rewire Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Rewire Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Rewire Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Rewire Neuroscience or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Rewire Service is the exclusive property of Rewire Neuroscience and protected by U.S. and international copyright laws.

TRADEMARKS

Click here to see a non-exhaustive list of Rewire Neuroscience trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Rewire Service are trademarks or trade dress of Rewire Neuroscience in the U.S. and other countries. Rewire's trademarks and trade dress may not be used in connection with any product or service that is not Rewire's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Rewire Neuroscience. All other trademarks not owned by Rewire Neuroscience that appear in any Rewire Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Rewire Neuroscience.

PATENTS

One or more patents owned by Rewire Neuroscience apply to the Rewire Services and to the features and services accessible via the Rewire Services. Portions of the Rewire Services operate under license of one or more patents.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Rewire Neuroscience or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Rewire Services. This license does not include any resale or commercial use of any Rewire Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Rewire Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Rewire Neuroscience or its licensors, suppliers, publishers, rightsholders, or other content providers. No Rewire Service, nor any part of any Rewire Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Rewire Neuroscience. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Rewire Neuroscience without express written consent. You may not use any meta tags or any other "hidden text" utilizing Rewire Neuroscience's name or trademarks without the express written consent of Rewire Neuroscience. You may not misuse the Rewire Services. You may use the Rewire Services only as permitted by law. The licenses granted by Rewire Neuroscience terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own Rewire Neuroscience account to use certain Rewire Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You must be at least 18 years old to open a Rewire Services account or use Rewire Services. If you are under 18, you may use the Rewire Services only with involvement of a parent or guardian. Rewire Neuroscience reserves the right to refuse service, terminate accounts, terminate your rights to use Rewire Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Rewire Neuroscience reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Rewire Neuroscience a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Rewire Neuroscience and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Rewire Neuroscience for all claims resulting from content you supply. Rewire Neuroscience has the right but not the obligation to monitor and edit or remove any activity or content. Rewire Neuroscience takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All purchases of physical items from Rewire Neuroscience are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Rewire Neuroscience does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Rewire Neuroscience does not take title to the refunded item. For more information about our returns and refunds, please see our  Returns Center.<

PRODUCT DESCRIPTIONS

Rewire Neuroscience attempts to be as accurate as possible. However, Rewire Neuroscience does not warrant that product descriptions or other content of any Rewire Service is accurate, complete, reliable, current, or error-free. If a product offered by Rewire Neuroscience itself is not as described, your sole remedy is to return it in unused condition.

PRICING

"List Price" means the suggested retail price of a product. With respect to items sold by Rewire Neuroscience, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Rewire Neuroscience is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

APP PERMISSIONS

When you use apps or programs created by Rewire Neuroscience, such as Degrees of Freedom, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

SANCTIONS AND EXPORT POLICY

You may not use any Rewire Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Rewire Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Rewire Neuroscience Software), technology, and services.<

OTHER BUSINESSES

We provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Rewire Neuroscience does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

TWO YEAR LIMITED WARRANTY FOR REWIRE NEUROSCIENCE DEVICES

Rewire Neuroscience Devices Covered by this Two-Year Limited Warranty: Degrees of Freedom, Natural Log, and Rewire Neuroscience Sleep Deprivation Platform.

This Warranty for the Rewire Neuroscience Device (the "Device") is provided by the entity set forth in the table below. The provider of this warranty is sometimes referred to herein as "we."

We warrant the Device against defects in materials and workmanship under ordinary consumer use for two years from the date of original retail purchase. During this warranty period, if a defect arises in the Device, and you follow the instructions for returning the Device, we will at our option, to the extent permitted by law, either (i) repair the Device using either new or refurbished parts, (ii) replace the Device with a new or refurbished Device that is equivalent to the Device to be replaced, or (iii) refund to you all or part of the purchase price of the Device. This limited warranty applies, to the extent permitted by law, to any repair, replacement part or replacement device for the remainder of the original warranty period or for ninety days, whichever period is longer. All replaced parts and Devices for which a refund is given shall become our property. This limited warranty applies only to hardware components of the Device that are not subject to accident, misuse, neglect, fire or other external causes, alterations, repair, or commercial use.

Instructions. For specific instructions about how to obtain warranty service for your Device, please contact Customer Service using the contact information on the left side of this page. In general, you will need to deliver your Device in either its original packaging or in equally protective packaging to the address specified by Customer Service. Before you deliver your Device for warranty service, it is your responsibility to remove any removable storage media and back up any data, software, or other materials you may have stored or preserved on your Device. It is possible that such storage media, data, software or other materials will be destroyed, lost or reformatted during service, and we will not be responsible for any such damage or loss.

Limitations. TO THE EXTENT PERMITTED BY LAW, THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, AND WE SPECIFICALLY DISCLAIM ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST HIDDEN OR LATENT DEFECTS. IF WE CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG A STATUTORY OR IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR UNDER ANY OTHER LEGAL THEORY. IN SOME JURISDICTIONS THE FOREGOING LIMITATION DOES NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THIS "LIMITATIONS" SECTION DOES NOT APPLY TO CUSTOMERS IN THE EUROPEAN UNION.

This limited warranty gives you specific rights. You may have additional rights under applicable law, and this limited warranty does not affect such rights.

Exclusion of Consequential Damages. IN NO EVENT SHALL THE SELLER BE LIABLE FOR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR BUSINESS, OF ANY KIND WHATSOEVER. The purchaser is responsible for determining whether The Rewire Degrees of Freedom temperature gauge satisfies the purchaser's requirements. Furthermore, the purchaser is responsible for assigning personnel who will receive temperature alerts and react to them in a timely and appropriate manner. The purchaser's personnel are responsible for verifying that gauges are setup up and configured properly.

This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE REWIRE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE REWIRE SERVICES ARE PROVIDED BY REWIRE NEUROSCIENCE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. REWIRE NEUROSCIENCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE REWIRE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE REWIRE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE REWIRE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, REWIRE NEUROSCIENCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. REWIRE NEUROSCIENCE DOES NOT WARRANT THAT THE REWIRE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE REWIRE SERVICES, REWIRE NEUROSCIENCE'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM REWIRE NEUROSCIENCE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, REWIRE NEUROSCIENCE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY REWIRE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY REWIRE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any Rewire Service, or to any products or services sold or distributed by Rewire Neuroscience or through RewireNeuroscience.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Rewire Neuroscience, LLC 4410 SW Appletree PL, Beaverton, OR 97078. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Rewire Neuroscience will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. 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.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any Rewire Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Oregon, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Rewire Neuroscience.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your use of Rewire Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

ADDITIONAL REWIRE NEUROSCIENCE SOFTWARE TERMS

The following terms ("Software Terms") apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Rewire Services (the "Rewire Software").

  1. Use of the Rewire Software. You may use Rewire Software solely for purposes of enabling you to use the Rewire Services as provided by Rewire Neuroscience, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Rewire Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Rewire Software in whole or in part. All software used in any Rewire Service is the property of Rewire Neuroscience or its software suppliers and is protected by United States and international copyright laws.
  2. Use of Third Party Services. When you use the Rewire Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering.You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Rewire Software, whether in whole or in part.
  4. Updates. We may offer automatic or manual updates to the Rewire Software at any time and without notice to you.
  5. Government End Users.
  6. Conflicts.In the event of any conflict between these Conditions of Use and any other Rewire Neuroscience or third-party terms applicable to any portion of  Rewire Software, such as open-source license terms, such other terms will control as to that portion of the Rewire Software and to the extent of the conflict.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our online  . We respond quickly to the concerns of rights owners about any alleged infringement.

If you prefer to submit a report in writing, please provide us with this information:

Rewire Neuroscience Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent

Rewire Neuroscience Legal Department

4410 SW Appletree Pl

Beaverton, OR 97078

e-mail: us@rewireneuro.com

Please note that this procedure is exclusively for notifying Rewire Neuroscience that your copyrighted material has been infringed.

Last modified: June 23, 2018

(C) 2016-2018 Rewire Neuroscience, LLC. All rights reserved.