Terms of Service

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT OUT. PLEASE REVIEW THE DISPUTE RESOLUTION PROVISIONS BELOW, WHICH ALSO DESCRIBE YOUR RIGHT TO OPT OUT.

IMPORTANT – PLEASE READ THESE TERMS OF USE AND CONDITIONS OF SALE CAREFULLY BEFORE ACCESSING, USING, OR PLACING AN ORDER. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND CLASS ACTION WAIVER AND MANDATORY ARBITRATION PROVISIONS (SEE SECTIONS 13, 14, AND 21, RESPECTIVELY).

OVERVIEW

This website is operated by Neuventra. Throughout the site, the terms “we”, “us” and “our” refer to Neuventra. Neuventra offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including additional terms and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before accessing or using our website. If you do not agree to all the terms and conditions, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the current store are subject to these Terms. You can review the most current version at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of or access to the website following any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide the e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or you are the age of majority and have given us consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including copyright laws). You must not transmit any worms, viruses, or destructive code. A breach of any Terms will result in immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
Your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform to connecting network or device requirements. Credit card information is always encrypted during transfer.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission. Headings are for convenience only and do not limit these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information on this site is not accurate, complete, or current. Material is provided for general information only and should not be the sole basis for decisions. Historical information may not be current and is for reference only. We may modify site contents at any time but have no obligation to update information. You agree it is your responsibility to monitor changes.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part of it) without notice at any time. We are not liable for any modification, price change, suspension, or discontinuance.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online and may have limited quantities. Returns or exchanges are subject to our Return Policy.

We strive to display colors and images accurately but cannot guarantee your monitor’s display is accurate. We may limit sales of products or Services to any person, region, or jurisdiction on a case-by-case basis; limit quantities; and discontinue products at any time. All descriptions and pricing are subject to change without notice. We do not warrant that the quality of products, services, or information will meet your expectations, or that errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We may refuse any order. We may limit or cancel quantities purchased per person, per household, or per order, including orders using the same account, credit card, or billing/shipping address. If we change or cancel an order, we may attempt to notify you via email or billing phone/address.

You agree to provide current, complete, and accurate purchase and account information, and promptly update details (including email and payment info) so we can complete transactions and contact you as needed. See our Return Policy for more detail.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools “as is” and “as available” without warranties or endorsements. We have no liability arising from your use of optional tools. Any use is at your own risk and subject to the third-party provider’s terms. Future features/services will also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services may include materials from third parties. Third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating content or accuracy and we do not warrant and will not be liable for third-party materials or websites. Review third-party policies before engaging in any transaction. Direct complaints or questions to the third party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send submissions (e.g., contest entries, ideas, proposals, plans, or other materials, collectively “comments”), you agree we may edit, copy, publish, distribute, translate, and otherwise use any comments in any medium without restriction and without obligation to maintain confidentiality, pay compensation, or respond.

We may monitor, edit, or remove content we determine unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms.

You agree your comments will not violate any right of any third party and will not contain unlawful, abusive, or obscene material, or any malware. You may not use a false email, pretend to be someone else, or mislead us or third parties. You are solely responsible for your comments.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy (see our website).

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or Service that contains typographical errors or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct errors, and to change or cancel orders if any information is inaccurate at any time without prior notice (including after an order is submitted).

We undertake no obligation to update information, except as required by law. Any specified update or refresh date should not be taken to indicate all information has been modified.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions, you are prohibited from using the site or its content: (a) for unlawful purposes; (b) to solicit unlawful acts; (c) to violate regulations, rules, laws, or ordinances; (d) to infringe intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload viruses or malicious code; (h) to collect or track personal information; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for obscene or immoral purposes; or (k) to interfere with security features. We may terminate your use for violating any prohibited use.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that use of our Service will be uninterrupted, timely, secure, or error-free, or that results will be accurate or reliable. We may remove the Service for indefinite periods or cancel at any time without notice.

You expressly agree that your use of the Service is at your sole risk. The Service and all products delivered through the Service are provided “as is” and “as available,” without any warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Neuventra, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including lost profits, revenue, savings, data, replacement costs, or similar damages, whether based in contract, tort, strict liability, or otherwise, arising from your use of the Service or any products, or for any other claim related in any way to your use of the Service or any product, including errors or omissions in any content, even if advised of the possibility. Some jurisdictions do not allow exclusion or limitation of liability for consequential or incidental damages; in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Neuventra and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or third-party rights.

SECTION 15 – SEVERABILITY

If any provision of these Terms is unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed. The remaining provisions shall remain in full force and effect.

SECTION 16 – TERMINATION

Obligations and liabilities incurred prior to termination shall survive for all purposes. These Terms are effective unless and until terminated by you or us. You may terminate at any time by notifying us that you no longer wish to use our Services or when you cease using our site. If we believe you have failed to comply with any term, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to the date of termination; we may also deny you access to our Services.

SECTION 17 – ENTIRE AGREEMENT

These Terms and any policies or operating rules posted by us on this site constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements, communications, and proposals. Any ambiguities in interpretation shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws principles.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of or access to the website or the Service following any changes constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms should be sent to support@neuventra.com.
Mailing address: Neuventra, 125 Lanclon Way, San Francisco, CA 94105

SECTION 21 – TEXT MESSAGING TERMS

By subscribing to Neuventra text notifications, you agree to receive automated marketing text messages at the phone number you provided. Message frequency is recurring. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to opt out and HELP for support. You may receive an additional text confirming your opt-out. Opting out by methods other than these commands is not a reasonable means of opting out.

SECTION 22 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. Except where prohibited by law, any claim you may have must be resolved through final and binding confidential arbitration. You waive the right to a jury trial. You may bring claims only in your individual capacity and not as a plaintiff or class member in any class or representative proceeding. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding.

a. General
“Claim” means any dispute between you, Neuventra, or any involved third party relating to your account, your use of the website, your relationship with Neuventra, these Terms, the Privacy Policy, or your use or attempted use of the products. This arbitration provision is governed by the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1–16.

b. Exceptions
You and Neuventra may bring individual claims in small claims court within that court’s jurisdiction. The following claims must be adjudicated only in the state or federal courts located in San Francisco, California: (i) disputes relating to the infringement or validity of proprietary rights (trademarks, copyrights, trade secrets, or patents); or (ii) actions by Neuventra for injunctive or other provisional relief for breach or threatened breach of this Agreement. For matters excluded here, the parties consent to exclusive jurisdiction and venue in San Francisco, California.

c. Required Pre-Dispute Procedures
Before initiating arbitration, the parties agree to first send a written notice describing the dispute, including relevant documents and a proposed resolution. You must mail your notice to Neuventra, 125 Lanclon Way, San Francisco, CA 94105. Neuventra will contact you via your billing address or email on file. If the dispute is not resolved within 60 daysafter receipt of the notice, either party may commence arbitration.

d. Commencing Arbitration
You and Neuventra agree to commence any arbitration within 1 year after the Claim arises (including the 60-day pre-dispute period). Any arbitration commenced after 1 year is barred.

e. Location
For your convenience, arbitration may be conducted in the federal district where you reside, or by telephone or written submissions if both parties agree.

f. Organization, Rules, and the Arbitrator
Claims shall be submitted to the American Arbitration Association (AAA) before a single arbitrator under the AAA’s Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes then in effect. The arbitrator shall have exclusive authority to resolve any dispute relating to interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision, including issues of arbitrability and enforcement by or against non-signatories.

g. Fees
For your convenience, Neuventra will pay the AAA filing fee and arbitrator’s fees. Each party pays its own attorneys’, experts’, and witness fees unless applicable law allows fee-shifting.

h. Governing Law and Award
The arbitrator shall apply the substantive law of the State of California (without regard to conflicts rules) and may award any individual relief permitted by law. Any award shall be final and may be entered in any court of competent jurisdiction.

i. Enforceability
This provision survives termination of your account, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (allowing class or representative arbitration), this entire arbitration provision shall be null and void. If any other portion is unenforceable, the remainder remains in effect.

j. Amendments
Neuventra may amend this arbitration provision at any time. Should changes be material, Neuventra will provide notice and an opportunity to opt out. Continued use of the website or products after notice constitutes consent to changes.

YOUR RIGHT TO OPT OUT: You may opt out of this arbitration provision within 30 days from the date you purchase, use, or attempt to use a product purchased on or through this website (whichever occurs first) by sending a signed written notice to Neuventra, 125 Lanclon Way, San Francisco, CA 94105 identifying the product and the date of first purchase/use. If more than 30 days have passed, you are not eligible to opt out and must pursue claims through binding arbitration as set forth herein.