Terms of Use

TERMS AND CONDITIONS

Welcome to the Neurolastic Institute website (“Website” or “Site”), owned and operated by Neurolastic LLC (the “Company”).

PLEASE READ THIS AGREEMENT CAREFULLY AS IT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COMPANY (“AGREEMENT”) AND PROVIDES CERTAIN TERMS AND CONDITIONS WHICH GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE AND THE PRODUCTS, SERVICES, MATERIALS, VIDEOS, COURSES, AND ASSESSMENT INCLUDING BUT NOT LIMITED TO THE NEUROLASTIC TRAINING PROGRAM (HEREIN, collectively “PRODUCTS AND SERVICES”) OFFERED ON THIS WEBSITE and/or by the Company. BY ACCESSING OR USING THIS WEBSITE AND/OR BY ORDERING AND/OR PURCHASING THE PRODUCTS AND SERVICES OFFERED HERE AND/OR BY CLICKING “I ACCEPT”, YOU EXPRESSLY DECLARE AND STATE THAT YOU HAVE READ, UNDERSTAND, AND AGREE AND SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

Neurolastic Training is a fall-prevention and balance training regimen independently developed by Neurolastic LLC dba Neurolastic Institute (“Neurolastic”) and is not affiliated with and/or approved by any governmental and/or medical regulatory agency. Neurolastic Training is not medical training and is not intended to treat, cure, and/or prevent any disease and/or medical condition. All persons, including but not limited to medical professionals, trainers, and/or caregivers, utilizing Neurolastic Training are hereby advised of the need to exercise their own professional judgment in the use, application, and/or delivery of care.

The Neurolastic Training system and all associated images, information, and/or data, including but not limited to this website, are the exclusive property of Neurolastic and may not be reproduced without written permission from Neurolastic. © Copyright 2022 Neurolastic LLC, all rights reserved.

By purchasing any Products and Services or registering for an account, examination, course, membership, or certification with or through this Website, you are legally bound to the following Terms and Conditions.

User Accounts

In creating an account with the Company on this Website (“Account”), you will be required to provide certain information. When establishing your Account, you expressly certify, warrant, represent, and agree that the information provided to the Company is, to the best of your knowledge, accurate and correct. Additionally, you expressly certify, warrant, represent, and agree to the following:

You are at least 18 years of age or older.
You are legally permitted to access and use this Website by the laws of your home country.
You understand that it is your responsibility to access and use this Website and the Products and Services provided by the Company only if it is legal to do so by the laws of your home country, and if in the United States of America, the federal law, state law of the state in which you reside, and/or local laws of the locality in which you reside.
You will provide complete and accurate information to the Company and to permit the Company to store and use your registration information for use in maintaining your account.
You shall not share your username and password, and any access codes and product codes provided to you by the Company and will not permit any unauthorized use of the Products and Services.
Any and all Products and Services for which you registered and/or purchased from the Company will be used solely by you and no others, and that any attestations which you are required to complete in connection with the foregoing will be completed only by you.
Purchases made under your account are nontransferable.

Fees, Payments and Refunds

Tuition for the Neurolastic Training course is $799 (“Tuition”). The Tuition is non-refundable and non-transferable. The Tuition provides for six (6) months of unlimited access to the Neurolastic Training course, tests, and an opportunity to take the certification exam.
Students will receive several tests throughout the program to help solidify their understanding. At course completion, students take a comprehensive exam. Passing scores grant the student a certificate in Neurolastic Training, a CNT. Students have six months to complete their training.

Disclaimer of Warranties

THE COMPANY’S PRODUCTS AND SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO ALL PRODUCTS AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. No oral or written statement by any Company agent, employee, or representative shall create a warranty or modify this section. Certain jurisdictions do not permit the exclusion of implied warranties, so the forgoing exclusion of implied warranties may not apply to you.
YOU EXPRESSLY AGREE THAT your use of, or your inability to use, the Company’s Products and Services is at your sole risk. The Company does not warrant for the accuracy or completeness of any information, text, graphic, links or other items contained within the Company’s Products and Services or for any errors, omissions, or any outcomes related to your use of the Company’s Products and Services. The Company takes precautions to protect itself against, but makes no warranties or representations respecting, any harm that may be caused by the transmission of a computer virus, worm or other system or network infection or attack. The Company does not guarantee that your use of the Company’s Products and Services will be error-free or uninterrupted.
YOU EXPRESSLY AGREE THAT the Company is not responsible for harm that may arise from the use or misuse of the Neurolastic Training system by you or any person to whom you provide exercise advice and/or instruction. You expressly agree to indemnify, defend with legal counsel of the Company’s choosing, and hold the Company harmless from any and all claims resulting from any exercise advice and/or instruction that you give to third-parties.

Not Medical, Legal, or Other Professional Advice

The Company, its licensors and contributors are not engaged in rendering medical, legal, and/or other professional advice of services and the content of the Company’s Products and Services or its Website and marketing materials are not intended to take the place of such advice. If such advice or other expert assistance is required, the service of a competent professional should be sought.
The Company does not endorse, sponsor or guarantee any of the information of others, including advertisers, providers or partners, that may be accessible or made available on its Website or in its marketing materials or posted by any users who are not officers, directors, employees, representatives or agents of the Company.
The information provided within the Website and/or by the Neurolastic Training system is not a substitute for professional advice of a medical physician or other qualified health care professional and does not constitute a diagnosis or professional treatment recommendation. Always seek the advice of a medical physician or other qualified health care professional with any questions or concerns regarding medical symptoms or conditions. Never disregard professional medical advice or delay in seeking it because of something you have heard, seen, and/or read on the Website and/or within the Neurolastic Training system. If you think you or someone you are taking care of, such as your client, student, or trainee, has a medical or psychiatric emergency, call 911 or go to the nearest hospital.
Neurolastic Training involves different levels of physical activity and exertion. Any person to whom you provide advice or instruction shall be advised by you to seek and obtain the opinion of a medical professional or other qualified health care professional prior to participating in Neurolastic Training. Although the Company takes substantial efforts to minimize risk, there is still the possibility of physical injury, and in very extreme cases, death. In participating any Neurolastic Training as provided in the Products and Services, you agree to waive any claim, and will not hold the Company responsible for any injury or, in extreme cases, death to you and/or third-parties.
Neurolastic Training program is a program intended to improve balance, walking, and strengthening and is not a form of medical treatment and the Company makes no claims that Neurolastic Training cures or improves any disease or illness. The Company and the creators of Neurolastic Training make no claims that any part of the Neurolastic Training treats, cures, or improves any disease or illness.

Not Physical Therapy Training

The Company does not provide, will not provide, and/or does not intend to provide physical therapy training and/or services through the Company’s Products and Services. The Company’s Products and Services are not intended to be, are not to be construed as, and are not offered to you as education or instruction in providing physical therapy or to become a physical therapist.

The Company’s Products and Services are not intended to be, are not to be construed as, and are not offered as providing physical therapy services.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors be liable for any direct, indirect, special, incidental, punitive, or consequential damages, including but not limited to, lost profits, loss of data, or business disruption, arising out of or in connection with this Agreement or your access and use, or inability to access and use, the Company’s Website and/or the Products and Services, including but not limited to, any errors or omissions in any materials or any loss or damage of any kind, regardless if advised or not advised of the possibility of such loss or damage, also including but not limited to any conduct or content of other users or third parties, including but not limited to any defamatory, offensive, or illegal conduct of other users or third parties. Certain jurisdictions do not permit the exclusion of consequential or incidental damages, and in such jurisdictions, the Company’s liability shall be limited to the extent permitted by applicable law.
In no event shall the Company's total liability to you for all damages arising out of this Agreement, the Company’s Website, and/or the Products and Services exceed the amount of the cost of the Neurolastic Training program ($799). The foregoing limitations will apply even if the above stated remedy fails its essential purpose.
As a participant and/or user of the Company’s Products and Services, you are required to carry your own liability insurance, and agree and certify that you are insured with the proper type of insurance through a duly licensed and registered insurance carrier. The Neurolastic Training program does not include and the Company does not provide insurance coverage to users of the Company’s Products and Services.
The Company does not guarantee the safety, effectiveness, and useability of the Products and Services, including but not limited to the Neurolastic Training program. You expressly agree to assume all risks and liabilities in your own professional practice and/or business, including but not limited to any training, educating, and/or instructing of any person to whom you provide exercise advice or instruction, such as your students, clients, and/or trainees.
The Company’s Products and Services are not a replacement for your own professional, clinical, and/or medical judgment or professional training, including but not limited to any training, educating, and/or instructing of any person to whom you provide exercise advice or instruction, such as your students, clients, and/or trainees. You are solely responsible for the choosing, implementing, and instructing of any and all activities to any person to whom you provide exercise advice or instruction, including but not limited to students, clients, and/or trainees, and the effectiveness of such activities.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR LOST PROFITS, OR ANY OTHER SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT and/or the Company’s Products and Services, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Sections of Neurolastic Training Program

No one section of the Company’s Neurolastic Training Program is intended or construed to stand alone and is only separated for the purpose of ease of use and learning, and to allow faster downloading and viewing of the videos and materials. You are required to view all videos and materials in totality. There are specific safety instructions that must be viewed in its entirety to safely and effectively implement Neurolastic Training.

Par-Q & You Form

You agree to require any person to whom you provide exercise advice or instruction, such as your students, clients, and/or trainees, to use the “Par-Q & You” form prior to providing or delivering any Neurolastic Training or any related care.

Intellectual Property

The Company’s Products and Services constitute intellectual property and proprietary material that is owned by the Company, its affiliates, or its licensors and is protected under intellectual property laws in the United States and other countries, which includes, but is not limited to, trademark and copyright. All rights not expressly granted to you by the Company are reserved by the Company, its affiliates, and/or its licensors. You expressly agree to use the Company’s Products and Services only as permitted under this Agreement and any terms delivered with the Company’s Products and Services.
The Products and Services made available to you by the Company are licensed, and not sold, to you, subject to the terms of this Agreement and your timely payment of any fees due and payable by you to the Company. Your license to use the Company’s Products and Services, including any updates, changes, or enhancements, is subject to your acceptance of this Agreement. You are not authorized to assign or transfer your license to use the Company’s Products and Services. The Company may withdraw and/or terminate this license at any time and for any cause.
The Company’s name, Neurolastic Institute, and acronyms, and other Company trademarks, service marks, graphics, and logos used in connection with the Company’s Products and Services, Website, and/or Youtube channel, are trademarks or registered trademarks of the Company in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Company’s Products and Services may be the trademarks of their respective owners. The Company and its licensors do not grant to you any right or license in connection with any of the foregoing trademarks, service marks, graphics, or logos.
You agree to abide by all copyright notices and restrictions contained on this Website or any website of the Company, including any and all Company Youtube channels, on the Company’s Products and Services and in accordance with this Agreement. You may not copy, distribute, enter into a database, display, perform, create derivative works, translate, or transmit any content contained in the Company’s Products or Services, and may only use it as permitted and in compliance with the terms of this Agreement.
All Company Products and Services are provided for your own personal, non-commercial use, and are not intended for redistribution or resale under this Agreement. You may not alter the text or remove any trademark or other notice displayed on the Company’s Products or Services. All rights are reserved.
The Company's logos, trademarks, and service marks (together, "Marks"), are owned by the Company. You may not use the Marks without the prior written approval of the Company.

Professional Standard of Conduct

You agree to comply with and hold yourself in the level and degree required by any and all legal requirements of your accredited, certified, licensed or credentialed profession, if applicable.
All persons that receive an accreditation or certification from the Company in relation to its Products and Services including certification in the Neurolastic Training program (“Accredited Professional”), agrees to abide by the following in practicing the accredited or certified role:

Provide optimal professional service and demonstrate excellent client care in their practice;
Conduct themselves in a manner that merits the respect of the public and other colleagues;
Treat each client with the utmost respect and dignity;
Respect the confidentiality of all client and employer information;
Practice with honesty, integrity, and lawfulness, obeying all federal, state, and local laws, regulations and professional rules;
Accept complete responsibility for their actions; and
Respect and uphold all copyright, trademark and intellectual property rights and laws.

Each Accredited Professional must not behave in a manner which undermines, harms, or disparages the reputation of the Company and its Products and Services. The Company reserves the right to suspend or revoke the accreditation or certification for any of the following reasons:

Acts of dishonesty, misrepresentation, or fraud;
Behavior that disregards the dignity, safety, or privacy of the client or anyone under the Accredited Professional’s fitness or training oversight;
Unlawful activity, particularly such activity that jeopardizes the life, safety or health of others or calls into question the Accredited Professional’s ability to practice as a competent professional;
Conduct that is discriminatory or harassing, including acts of sexual harassment;
Denial or revocation of licensure, registration, or approval by a state board or agency or membership organization with oversight responsibilities for the profession, including but not limited to grounds of gross misconduct, gross negligence of duties, misrepresentation or fraud;
Unauthorized use of the Company’s proprietary content or materials or any infringement activities with regards to any of the Company’s intellectual property rights, including its copyrighted materials, its trademarks, its trade names, including those of any of its Products and Services, whether in long name, short name or acronym form, its logos, its trade dress or its science; and
Material misrepresentation or fraud in any statement to the Company, including but not limited to, statements made to assist oneself or another candidate or professional to apply for, obtain, or retain certification or in applying for, entering into or failing to meet the obligations of a payment plan with the Company.

The Company reserves the right to suspend or revoke the accreditation or certification for any reason the Company deems unprofessional, unlawful, and/or indecent.
The Company reserves the right to report any unprofessional conduct to any concerned third-parties, including but not limited to government agencies, schools, employers, regulatory or licensing bodies, law enforcement, and/or any inquiring consumers of the Accredited Professional’s services.

Legal Compliance

You agree to comply with any and all applicable federal, state, and local laws, including but not limited to, all applicable laws in the jurisdiction in which you reside, in your access to this Website and in use of the Company’s Products and Services. You will not use the Company’s Products and Services in any way that is prohibited by and/or would violate the laws of the United States of America and/or any and all applicable federal, state, and local laws.
The Company’s Products and Services shall not be exported into any United States embargoed countries or to anyone on the United States Government's list of specially designated nationals or denied persons or entities. You warrant that you are not located in any such principality, country, and/or on any such list.

TERM and Termination

This Agreement takes effect at the time you access and use this Website. The Company reserves the right at any time and without notice to deny you access to the Website or any portion thereof and to terminate your rights under this Agreement, in its sole and absolute discretion for any reason whatsoever.
The Company reserves the right to modify, suspend, remove, or disable access to any Company Products and Services at any time and without notice and in no event will the Company be liable for making any such changes.
The Company reserves the right to suspend or terminate your Account for any reason whatsoever without notice and may reestablish said Account at the discretion of the Company.
Any violation of this Agreement may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your license to use the Company’s Products and Services. If the Company reasonably suspects that you have violated this Agreement, or if you have not paid the fees that are due and payable by you to the Company, then, without notice to you, the Company may terminate this Agreement, the license to use its Products and Services, and your Account and deny you further access to the Company’s Products and Services.
Upon termination of this license to use its Products and Services, you shall cease all use of the Company’s Products and Services and remain liable for paying all amounts that may be due and payable by you to the Company.

Indemnification/Exemption

By using the Company’s Products and Services and this Website, you accept this Agreement and you agree to indemnify, defend with an attorney of the Company’s choosing, and hold the Company and its parent companies and affiliated entities, its and their respective directors, officers, employees, agents, contractors, principals, and its licensors and suppliers and their respective parent companies, affiliated entities, directors, officers, employees and agents (collectively “Indemnified Parties”) harmless in connection with any claim arising out of your breach of the terms, covenant snf/or obligation of of this Agreement, your use of the Company’s Products and Services, and/or any action taken by the Company to protect its intellectual property, including, but not limited to, suspension or termination of your access to the Company’s Products and Services.
You shall indemnify and hold harmless the Indemnified Parties for, defend with an attorney of the Company’s choosing, and pay to Indemnified Parties the Damages arising from or in connection with any claim, lawsuit, and/or legal action by a third-party resulting from and/or related to your use, training in, or providing services based upon the Company’s Products and Services, including but not limited to Neurolastic Training.
The Company shall be exempt from the duty to provide its Products and Services and any related services, including but not limited to customer support, when natural disaster, war, epidemic, and/or any other force majeure beyond the control of the Company.
The Company shall be exempt from liability in the event of damages caused by the telecommunication/internet service providers’ suspension or failure to provide normal services.
The Company shall be exempt from liability in the event of damages caused by any and all unavoidable reasons, including but not limited to, repair, replacement, maintenance, and/or construction of the Company’s facilities and/or its Website.
The Company shall be exempt from any service failures of the Website caused by reasons attributable to the user.
Under no circumstances shall the Company be responsible for any gains or losses incurred to or by you by relying upon the information contained in the Company’s Products and Services.
The Company shall not be responsible for any product, service, or financial transaction between you and other users or any third parties.

Severability and Waiver

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Governing Law and Venue

This agreement is governed, construed, interpreted, and enforced exclusively in accordance with the laws of the State of Hawaii, without regard to its principles of conflicts of law, and shall be subject to the exclusive jurisdiction of the applicable Court located within the State of Hawaii. You hereby submit to the personal jurisdiction of the State of Hawaii in relation to this agreement and any claims related thereto. If any version of the Uniform Computer Information Transactions Act is enacted as part of the law of the State of Hawaii, that statute shall not govern any aspect of this Agreement.

In the event of any dispute or claim arising out of this Agreement or the Company’s Products and Services, such dispute or claim shall be submitted to binding arbitration through the Dispute Prevention & Resolution Inc., located in the State of Hawaii, by a single arbitrator pursuant to the provisions of the Hawaii Revised Statutes, Chapter 658A, as amended (“HRS 658A”). The arbitrator shall be selected by the parties by mutual agreement or if the parties are unable to agree upon the arbitrator, the arbitrator shall be appointed by the Circuit Court Judge of the First Circuit Court, State of Hawaii, as provided in HRS 658A. The award of the arbitrator shall be final and binding subject only to confirmation, modification, correction or vacation as provided in said Chapter 658A and judgment may be entered thereon as provided in said Chapter.

Scope of Relationship

No joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or your utilization of the Website or the Company’s Products and Services.

Entire Agreement

This Agreement represents the entire agreement between you and the Company with respect to your individual use of this Website.
If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
The headings of the sections and subsections herein are inserted only for convenience and reference and shall in no way define, limit or describe the scope or intent of any provision of this Agreement.
If this Agreement is ever construed by a court of law or by a board of arbitrators, such court or board shall not construe this Agreement or any provision of this Agreement against either party as the drafter of this Agreement.

Contact Information

If you have any questions regarding this Agreement, please contact the Company at [email protected].