TERMS OF USE
Last updated FEBRUARY 10, 2025
Company: Neiry LTD, 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ
Under: mindmine project
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on
behalf of an entity (“you”) and Neiry LTD ("Company", “we”, “us”, or “our”), concerning your access to
and use of the https://mindmine.one/ website as well as any other media form, media channel, mobile
website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these
Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are
hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Terms of Use from time to time. We will alert you about any changes by
updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice
of each such change. Please ensure that you check the applicable Terms every time you use our Site so that
you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of
and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the
date such revised Terms of Use are posted.
The information provided on the Site 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, those persons
who choose to access the Site from other locations do so on their own initiative and are solely responsible
for compliance with local laws, if and to the extent local laws are applicable.
INFO FOR USA USERS: The Site is not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act
(FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may
not use the Site in a way that would violate the Gramm-Leach- Bliley Act (GLBA).
The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction
in which they reside (generally under the age of 18) must have the permission of, and be directly supervised
by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read
and agree to these Terms of Use prior to you using the Site.
Project Specifics
The User agrees and undertakes to comply with the following rule arising from the specifics of the project.
To participate in the mindmine project, the User must purchase a neurodevice exclusively from the website
https://mindmine.one. Other neurodevices, including those of the Neiry or Waverocks brands, are
objectively not suitable for participation in the project, as they are not technically designed to solve the
project's tasks.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the
“Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or
controlled by us or licensed to us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws, international copyright laws, and international
conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal
use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks
may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and
to download or print a copy of any portion of the Content to which you have properly gained access solely
for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site,
the Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit will be true,
accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly
update such registration information as necessary; (3) you have the legal capacity and you agree to comply
with these Terms of Use; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in
which you reside, or if a minor, you have received parental permission to use the Site; (6) you will not
access the Site through automated or non-human means, whether through a bot, script or otherwise; (7) you
will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any
applicable law or regulation.
If you 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 the Site (or any portion
thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be
responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or
otherwise objectionable.
PRODUCTS
We make every effort to display as accurately as possible the colors, features, specifications, and details of
the products available on the Site. However, we do not guarantee that the colors, features, specifications, and
details of the products will be accurate, complete, reliable, current, or free of other errors, and your
electronic display may not accurately reflect the actual colors and details of the products. All products are
subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to
discontinue any products at any time for any reason. Prices for all products are subject to change.
PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- PayPal
- other forms named in purchase form.
You agree to provide current, complete, and accurate purchase and account information for all purchases
made via the Site. You further agree to promptly update account and payment information, including email
address, payment method, and payment card expiration date, so that we can complete your transactions and
contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may
change prices at any time.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees,
and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or
cancel quantities purchased per person, per household, or per order. These restrictions may include orders
placed by or under the same customer account, the same payment method, and/or orders that use the same
billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear
to be placed by dealers, resellers, or distributors.
RETURN/REFUNDS POLICY
You can return the Items if all the conditions are met:
1. less than 60 days have passed since the date of receipt of the Order, AND
2. you don’t feel a positive result of the training after completing 25 training sessions (Stress Resistance
course) in the Mind Tracker application.
In this case you must pay all the returning costs (delivery, postal costs, taxes, etc.). We do not pay the
returning costs under any conditions.
Return process
To return an Item, please go through the following steps:
1. Contact the Customer service by email at kpa@neiry-bci.com to obtain a Return Merchandise
Authorization (RMA) number.
2. Place the Item securely in its original packaging and include all the documents of purchase (proof of
purchase).
3. Follow the instructions.
You may also use the prepaid shipping label enclosed with your package.
Refunds
We will inspect your Item after receiving it. Then if any defects or damage are not found we will process
your return or exchange.
Please Note: The process of return/exchange can take up to sixty (60) days from the date of receiving your
Item.
Exceptions
For defective or damaged products, please contact us at the contact details below to arrange a refund or
exchange.
Please Note: sale items are FINAL SALE and cannot be returned.
Questions
If you have any questions concerning our return policy, please contact us at: kpa@neiry-bci.com
Your Order Cancellation Rights
You are entitled to cancel Your Order within fourteen (14) days without giving any reason for doing so.
The deadline for canceling an Order is fourteen (14) days from one of the Receiving date, which means:
- the date when you have received the Item; OR
- the date when a third party you have appointed, who is not the carrier, takes possession of the
product delivered.
In order to exercise Your right of cancellation, You must inform Us of your decision by means of a clear
statement. You can inform us of your decision by email: kpa@neiry-bci.com
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The
Site may not be used in connection with any commercial endeavors except those that are specifically
endorsed or approved by us.
As a user of the Site, you agree not to:
▪ Systematically retrieve data or other content from the Site to create or compile, directly or indirectly,
a collection, compilation, database, or directory without written permission from us.
▪ Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account
information such as user passwords.
▪ Circumvent, disable, or otherwise interfere with security-related features of the Site, including
features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site
and/or the Content contained therein.
▪ Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
▪ Use any information obtained from the Site in order to harass, abuse, or harm another person.
▪ Make improper use of our support services or submit false reports of abuse or misconduct.
▪ Use the Site in a manner inconsistent with any applicable laws or regulations.
▪ Engage in unauthorized framing of or linking to the Site.
▪ Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters,
or interferes with the use, features, functions, operation, or maintenance of the Site.
▪ Engage in any automated use of the system, such as using scripts to send comments or messages, or
using any data mining, robots, or similar data gathering and extraction tools.
▪ Delete the copyright or other proprietary rights notice from any Content.
▪ Attempt to impersonate another user or person or use the username of another user.
▪ Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation, clear graphics interchange
formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as
“spyware” or “passive collection mechanisms” or “pcms”).
▪ Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to
the Site.
▪ Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any
portion of the Site to you.
▪ Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any
portion of the Site.
▪ Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or
other code.
▪ Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of
the software comprising or in any way making up a part of the Site.
▪ Except as may be the result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other
software.
▪ Use a buying agent or purchasing agent to make purchases on the Site.
▪ Make any unauthorized use of the Site, including collecting usernames and/or email addresses of
users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by
automated means or under false pretenses.
▪ Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for
any revenue-generating endeavor or commercial enterprise.
▪ Use the Site to advertise or offer to sell goods and services.
▪ Sell or otherwise transfer your profile.
USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on
the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments,
suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be
viewable by other users of the Site and through third-party websites. As such, any Contributions you
transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any
Contributions, you thereby represent and warrant that:
▪ The creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including
but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
▪ You are the creator and owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any
manner contemplated by the Site and these Terms of Use.
▪ You have the written consent, release, and/or permission of each and every identifiable individual
person in your Contributions to use the name or likeness of each and every such identifiable individual
person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these
Terms of Use.
▪ Your Contributions are not false, inaccurate, or misleading.
▪ Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
▪ Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous,
or otherwise objectionable (as determined by us).
▪ Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
▪ Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other
person and to promote violence against a specific person or class of people.
▪ Your Contributions do not violate any applicable law, regulation, or rule.
▪ Your Contributions do not violate the privacy or publicity rights of any third party.
▪ Your Contributions do not violate any applicable law concerning child pornography, or otherwise
intended to protect the health or well-being of minors;
▪ Your Contributions do not include any offensive comments that are connected to race, national
origin, gender, sexual preference, or physical handicap.
▪ Your Contributions do not otherwise violate, or link to material that violates, any provision of these
Terms of Use, or any applicable law or regulation.
Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms of Use
and may result in, among other things, termination or suspension of your rights to use the Site and the
Marketplace Offerings.
CONTRIBUTION LICENSE
You and Site agree that we may access, store, process, and use any information and personal data that you
provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such
feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions provided by you
in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree
to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your
Contributions.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other
information regarding the Site or the Marketplace Offerings ("Submissions") provided by you to us are
non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any
lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby
waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are
original with you or that you have the right to submit such Submissions. You agree there shall be no
recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in
your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites
("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software, and other content or items belonging to or originating from third
parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for
any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through,
or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any
Third-PartyContent does not imply approval or endorsement thereof by us. If you decide to leave the Site
and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk,
and you should be aware these Terms of Use no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any website to which you navigate from the Site
or relating to any applications you use or install from the Site. Any purchases you make through Third-Party
Websites will be through other websites and from other companies, and we take no responsibility
whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third- Party
Websites and you shall hold us harmless from any harm caused by your purchase of such products or
services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you
relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2)
take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of
Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that
are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a
manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the
Marketplace Offerings.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING
ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR
SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF
THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE
MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE
OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU
POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a
new account under your name, a fake or borrowed name, or the name of any third party, even if you may be
acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive
redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at
our sole discretion without notice. However, we have no obligation to update any information on our Site.
We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at
any time. We will not be liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance related to the Site,
resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without
notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused
by your inability to access or use the Site or the Marketplace Offerings during any downtime or
discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to
obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections,
updates, or releases in connection therewith.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may
relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update
the information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR
USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON- INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT
OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH
THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT
AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO
OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12)
MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING .
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or
demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties
set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to
intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you
connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of
any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of
the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of
data, you are solely responsible for all data that you transmit or that relates to any activity you have
undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any
such data, and you hereby waive any right of action against us arising from any such loss or corruption of
such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You
consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the Site, 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, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SITE. 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 delivery or retention of non-electronic records, or to payments or the granting of credits by any
means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site
constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any
right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These
Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure
to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these
Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is
deemed severable from these Terms of Use and does not affect the validity and enforceability of any
remaining provisions.
Contact us
If you have any questions about this Privacy Policy, You can contact us:
By email: kpa@neiry-bci.com
Company: Neiry LTD, 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ
Under: mindmine project
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on
behalf of an entity (“you”) and Neiry LTD ("Company", “we”, “us”, or “our”), concerning your access to
and use of the https://mindmine.one/ website as well as any other media form, media channel, mobile
website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these
Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are
hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Terms of Use from time to time. We will alert you about any changes by
updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice
of each such change. Please ensure that you check the applicable Terms every time you use our Site so that
you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of
and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the
date such revised Terms of Use are posted.
The information provided on the Site 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, those persons
who choose to access the Site from other locations do so on their own initiative and are solely responsible
for compliance with local laws, if and to the extent local laws are applicable.
INFO FOR USA USERS: The Site is not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act
(FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may
not use the Site in a way that would violate the Gramm-Leach- Bliley Act (GLBA).
The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction
in which they reside (generally under the age of 18) must have the permission of, and be directly supervised
by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read
and agree to these Terms of Use prior to you using the Site.
Project Specifics
The User agrees and undertakes to comply with the following rule arising from the specifics of the project.
To participate in the mindmine project, the User must purchase a neurodevice exclusively from the website
https://mindmine.one. Other neurodevices, including those of the Neiry or Waverocks brands, are
objectively not suitable for participation in the project, as they are not technically designed to solve the
project's tasks.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the
“Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or
controlled by us or licensed to us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws, international copyright laws, and international
conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal
use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks
may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and
to download or print a copy of any portion of the Content to which you have properly gained access solely
for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site,
the Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit will be true,
accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly
update such registration information as necessary; (3) you have the legal capacity and you agree to comply
with these Terms of Use; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in
which you reside, or if a minor, you have received parental permission to use the Site; (6) you will not
access the Site through automated or non-human means, whether through a bot, script or otherwise; (7) you
will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any
applicable law or regulation.
If you 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 the Site (or any portion
thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be
responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or
otherwise objectionable.
PRODUCTS
We make every effort to display as accurately as possible the colors, features, specifications, and details of
the products available on the Site. However, we do not guarantee that the colors, features, specifications, and
details of the products will be accurate, complete, reliable, current, or free of other errors, and your
electronic display may not accurately reflect the actual colors and details of the products. All products are
subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to
discontinue any products at any time for any reason. Prices for all products are subject to change.
PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- PayPal
- other forms named in purchase form.
You agree to provide current, complete, and accurate purchase and account information for all purchases
made via the Site. You further agree to promptly update account and payment information, including email
address, payment method, and payment card expiration date, so that we can complete your transactions and
contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may
change prices at any time.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees,
and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or
cancel quantities purchased per person, per household, or per order. These restrictions may include orders
placed by or under the same customer account, the same payment method, and/or orders that use the same
billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear
to be placed by dealers, resellers, or distributors.
RETURN/REFUNDS POLICY
You can return the Items if all the conditions are met:
1. less than 60 days have passed since the date of receipt of the Order, AND
2. you don’t feel a positive result of the training after completing 25 training sessions (Stress Resistance
course) in the Mind Tracker application.
In this case you must pay all the returning costs (delivery, postal costs, taxes, etc.). We do not pay the
returning costs under any conditions.
Return process
To return an Item, please go through the following steps:
1. Contact the Customer service by email at kpa@neiry-bci.com to obtain a Return Merchandise
Authorization (RMA) number.
2. Place the Item securely in its original packaging and include all the documents of purchase (proof of
purchase).
3. Follow the instructions.
You may also use the prepaid shipping label enclosed with your package.
Refunds
We will inspect your Item after receiving it. Then if any defects or damage are not found we will process
your return or exchange.
Please Note: The process of return/exchange can take up to sixty (60) days from the date of receiving your
Item.
Exceptions
For defective or damaged products, please contact us at the contact details below to arrange a refund or
exchange.
Please Note: sale items are FINAL SALE and cannot be returned.
Questions
If you have any questions concerning our return policy, please contact us at: kpa@neiry-bci.com
Your Order Cancellation Rights
You are entitled to cancel Your Order within fourteen (14) days without giving any reason for doing so.
The deadline for canceling an Order is fourteen (14) days from one of the Receiving date, which means:
- the date when you have received the Item; OR
- the date when a third party you have appointed, who is not the carrier, takes possession of the
product delivered.
In order to exercise Your right of cancellation, You must inform Us of your decision by means of a clear
statement. You can inform us of your decision by email: kpa@neiry-bci.com
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The
Site may not be used in connection with any commercial endeavors except those that are specifically
endorsed or approved by us.
As a user of the Site, you agree not to:
▪ Systematically retrieve data or other content from the Site to create or compile, directly or indirectly,
a collection, compilation, database, or directory without written permission from us.
▪ Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account
information such as user passwords.
▪ Circumvent, disable, or otherwise interfere with security-related features of the Site, including
features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site
and/or the Content contained therein.
▪ Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
▪ Use any information obtained from the Site in order to harass, abuse, or harm another person.
▪ Make improper use of our support services or submit false reports of abuse or misconduct.
▪ Use the Site in a manner inconsistent with any applicable laws or regulations.
▪ Engage in unauthorized framing of or linking to the Site.
▪ Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters,
or interferes with the use, features, functions, operation, or maintenance of the Site.
▪ Engage in any automated use of the system, such as using scripts to send comments or messages, or
using any data mining, robots, or similar data gathering and extraction tools.
▪ Delete the copyright or other proprietary rights notice from any Content.
▪ Attempt to impersonate another user or person or use the username of another user.
▪ Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation, clear graphics interchange
formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as
“spyware” or “passive collection mechanisms” or “pcms”).
▪ Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to
the Site.
▪ Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any
portion of the Site to you.
▪ Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any
portion of the Site.
▪ Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or
other code.
▪ Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of
the software comprising or in any way making up a part of the Site.
▪ Except as may be the result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other
software.
▪ Use a buying agent or purchasing agent to make purchases on the Site.
▪ Make any unauthorized use of the Site, including collecting usernames and/or email addresses of
users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by
automated means or under false pretenses.
▪ Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for
any revenue-generating endeavor or commercial enterprise.
▪ Use the Site to advertise or offer to sell goods and services.
▪ Sell or otherwise transfer your profile.
USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on
the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments,
suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be
viewable by other users of the Site and through third-party websites. As such, any Contributions you
transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any
Contributions, you thereby represent and warrant that:
▪ The creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including
but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
▪ You are the creator and owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any
manner contemplated by the Site and these Terms of Use.
▪ You have the written consent, release, and/or permission of each and every identifiable individual
person in your Contributions to use the name or likeness of each and every such identifiable individual
person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these
Terms of Use.
▪ Your Contributions are not false, inaccurate, or misleading.
▪ Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
▪ Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous,
or otherwise objectionable (as determined by us).
▪ Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
▪ Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other
person and to promote violence against a specific person or class of people.
▪ Your Contributions do not violate any applicable law, regulation, or rule.
▪ Your Contributions do not violate the privacy or publicity rights of any third party.
▪ Your Contributions do not violate any applicable law concerning child pornography, or otherwise
intended to protect the health or well-being of minors;
▪ Your Contributions do not include any offensive comments that are connected to race, national
origin, gender, sexual preference, or physical handicap.
▪ Your Contributions do not otherwise violate, or link to material that violates, any provision of these
Terms of Use, or any applicable law or regulation.
Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms of Use
and may result in, among other things, termination or suspension of your rights to use the Site and the
Marketplace Offerings.
CONTRIBUTION LICENSE
You and Site agree that we may access, store, process, and use any information and personal data that you
provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such
feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions provided by you
in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree
to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your
Contributions.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other
information regarding the Site or the Marketplace Offerings ("Submissions") provided by you to us are
non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any
lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby
waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are
original with you or that you have the right to submit such Submissions. You agree there shall be no
recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in
your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites
("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software, and other content or items belonging to or originating from third
parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for
any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through,
or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any
Third-PartyContent does not imply approval or endorsement thereof by us. If you decide to leave the Site
and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk,
and you should be aware these Terms of Use no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any website to which you navigate from the Site
or relating to any applications you use or install from the Site. Any purchases you make through Third-Party
Websites will be through other websites and from other companies, and we take no responsibility
whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third- Party
Websites and you shall hold us harmless from any harm caused by your purchase of such products or
services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you
relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2)
take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of
Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that
are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a
manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the
Marketplace Offerings.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING
ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR
SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF
THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE
MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE
OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU
POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a
new account under your name, a fake or borrowed name, or the name of any third party, even if you may be
acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive
redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at
our sole discretion without notice. However, we have no obligation to update any information on our Site.
We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at
any time. We will not be liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance related to the Site,
resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without
notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused
by your inability to access or use the Site or the Marketplace Offerings during any downtime or
discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to
obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections,
updates, or releases in connection therewith.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may
relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update
the information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR
USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON- INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT
OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH
THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT
AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO
OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12)
MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING .
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or
demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties
set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to
intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you
connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of
any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of
the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of
data, you are solely responsible for all data that you transmit or that relates to any activity you have
undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any
such data, and you hereby waive any right of action against us arising from any such loss or corruption of
such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You
consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the Site, 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, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SITE. 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 delivery or retention of non-electronic records, or to payments or the granting of credits by any
means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site
constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any
right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These
Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure
to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these
Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is
deemed severable from these Terms of Use and does not affect the validity and enforceability of any
remaining provisions.
Contact us
If you have any questions about this Privacy Policy, You can contact us:
By email: kpa@neiry-bci.com
By visiting our website, you agree to our Privacy Policy, Terms Of Use and Data Usage Consent.