IF YOU HAVE NOT REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN READ AND ACCEPT THESE TERMS OF SERVICE ON YOUR BEHALF AND TAKE FULL RESPONSIBILITY FOR COMPLIANCE WITH THESE TERMS OF SERVICE.
BY ACCESSING A CADET NM Inc. SERVICE, DOWNLOADING A CADET NM Inc. APPLICATION, OR CONTINUING TO USE THE SERVICE, YOU ACKNOWLEDGE THAT: (1) YOU ARE AT LEAST 18 YEARS OF AGE OR ANY OLDER LEGAL AGE REQUIRED TO FORM A CONTRACT IN YOUR JURISDICTION; (2) YOU HAVE THE RIGHT, AUTHORITY AND LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT; (3) YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS WITH RESPECT TO YOURSELF AND ANY MINOR CHILD AUTHORIZED BY YOU.
IF YOU OR YOUR PARENT/LEGAL GUARDIAN DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE WEBSITE NOW AND DO NOT ACCESS OR USE CADET NM Inc.’s SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF USE OF THIS SERVICE INCLUDING VISITING WWW.CADETNM.COM.
Contact us at firstname.lastname@example.org concerning anything you do not understand.
You may not use the Service for commercial purposes or in any way that is unlawful, or harms CADET or any other person or entity.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will let you know prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Although we may attempt to notify you when major changes are made to these Terms of Service, you acknowledge and agree that it is your responsibility to review this Website and these Terms of Service from time to time and to familiarize yourself with any modifications. Any modifications will be effective immediately, and will apply to disputes arising under the Terms of Service from the date of posting forward.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Our apps are intended as an educational tool only. It is not, and is not intended, for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease. While our goal is to provide you with the best services designed to improve your lives based on latest neuroscience data, there are no guaranteed benefits to using our services. However, keeping track of personal well-being, treatments, and symptoms has been shown to be helpful in improving overall health.
All of the material provided on our website (www.cadetnm.com), such as text, activities, outcomes, charts, profiles, graphics, photographs, images, advice, messages, forum postings, and any other material provided on the Site are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on our website. CADET does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by CADET, by persons appearing on the Site at the invitation of CADET, or by other members is solely at your own risk.
YOU ACKNOWLEDGE AND AGREE THAT SHOULD CADET PROVIDE THE ABILITY TO CREATE A USER ACCOUNT, YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT OR USER PROFILE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO ANY ACCOUNT OR USER PROFILE ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF CADET. CADET does not recognize the transfer of any account or user profile. Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the Terms, either in whole or in part, without the prior written consent of CADET. Any attempt to do so shall be void and of no effect.
We reserve all rights in the look and feel of our website and apps. Some parts of our website and apps are licensed under third-party open source licenses. You may not copy or adapt any portion of our code or visual design elements (including logos) without express written permission from CADET unless otherwise permitted by law.
Content. The Service contains a variety of content including, without limitation: (i) information, videos, photos, graphics, music, sounds, text, data, communications, illustrations, documentation, and other material and services that users can view on, access through, or contribute to the Service; (ii) trademarks, logos, trade names, service marks, and trade identities of CADET; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
Ownership. The Service (including past, present, and future versions) and the Content are owned or controlled by CADET and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Service is the property of CADET or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. CADET owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service. You are only permitted to use the Content as expressly authorized by CADET or the specific Content provider, and only through the functionality of the Service.
Limited License. Subject to your strict compliance with these Terms and any applicable additional terms that may be included on the Web site, CADET grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (music content), use, and play the Content (excluding source and object code, other than as made available to access and use to enable display and functionality) solely through the Service on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”). We and our licensors and certain other third parties, as the case may be, retain ownership of such Content. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, (ii) may be immediately suspended or terminated for any reason, in CADET's sole discretion, and without advance notice or liability; and (iii) does not permit you to use any Content CADET's Licensed Elements outside the functionality of the Services or on your device (e.g., you are prohibited from posting the music content provided on our apps on YouTube or any other audio/video service and may only use that audio within the Service or for your personal use).
Reservation of All Rights Not Granted As To Content and Service. These Terms and any applicable additional terms include only narrow, limited grants of rights to the Content within the functionality of the Service and to use and access the Service solely as permitted herein. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by CADET NM Inc. and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.
By use of the Service you acknowledge, agree and otherwise consent not to engage in, permit another person or entity to engage, or otherwise be related to or a part of the following restricted activities: (i) market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Website, Service or Content in any way inconsistent with the rights of use provided by CADET NM Inc. herein; (ii) remove any applicable, relevant identification, copyright, trademark or other notices relating to the intellectual property or other property of CADET NM Inc.; (iii) attempt to access source or object code of the Website or Service, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specifically prohibit said restrictive language; (iv) amend, change, modify (including the creation of any derivative or other works) the Service; (v) create code, software or other program that incorporates any elements of the Service; (vi) attempt to hack into, compromise or otherwise access the object or source code of the Service for any purposes, personal or commercial; or (vii) interrupt or attempt to interrupt the operation of the Service in any way.
Our apps may be installed on any device that you own or that is in your possession and control, subject to the “Usage Rules” that are set forth in 3rd party App Store Terms of Service. By downloading ours apps, you are agreeing that you will use the download only to run the app on a device you own or control, and as authorized by this Agreement.
If the Service permits you to use CADET or third-party Content on the Service, you will not own that Content, but have the limited license to use the Content solely as permitted by the functionality of the Service. You will not be able to distribute, post, use or otherwise exploit CADET provided content outside of the Service (e.g., you can't post the music downloaded on your device by our app on YouTube or Vimeo).
6.1. Publish, post, upload, transmit, distribute, disseminate or otherwise make available through the Service any:
6.2. Defame, abuse, harass, stalk, threaten, bully or otherwise violate the legal rights of others.
6.3. Violate any applicable laws or regulations, or promote or encourage any illegal activity.
6.4. Impersonate another user or create a false identity, including but not limited to identities falsely indicating that the user is another user, a celebrity or other well-known person, or a CADET representative.
6.5. Gain or attempt to gain unauthorized access to the Service, Website, to other users' account or profile information, or to computer systems and/or networks connected to the Service or Website.
6.6. Make false reports through the Service or to CADET's administrators.
6.7. Take any action that imposes or may impose (as determined by CADET NM Inc. in its sole discretion) an unreasonable or disproportionately large load on CADET NM Inc.’s (or its Affiliates' or third party providers') infrastructure.
6.8. Engage in fraudulent transactions.
6.9. Establish more than one account to participate in Service.
6.10. Use the service for any form of wagering or gambling.
You agree to pay all fees or charges incurred by you or any child authorized by you, including applicable taxes, in accordance with these Terms of Service and the billing terms that are in effect at the time that the fee or charge becomes payable. You acknowledge that CADET may utilize certain third-party providers to collect or otherwise process any such fees and charges. Any additional, separate charges or obligations you directly incur with said third-party are your responsibility. CADET MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY INFORMATION, GOODS AND/OR SERVICES PROVIDED BY ANY THIRD-PARTY. Unless otherwise indicated, all prices are in United States Dollars and do not include Internet service provider, telephone, and other connection charges.
The Service may link you to other websites or otherwise include references to information, materials and/or services provided by other parties. These other websites and parties are not under CADET's control, and you acknowledge that CADET is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor is CADET NM responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either expressed or implied.
CADET will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act.
If you believe in good faith that materials hosted by CADET infringe your copyright, you (or your agent) may send us a written notification pursuant to the DMCA, by providing our DMCA Agent with the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)) and requesting that the material be removed or access to it blocked:
You acknowledge that if you fail to comply with all of the requirements of this Section 9.1, your DMCA notice will not be valid.
You must submit any notification of an alleged copyright infringement to CADET's DMCA Agent by fax, mail, or email as set forth below:
CADET NM Inc., ATTN: Copyright Agent
732 Camino de Lucia Corrales,
Email: email@example.com with the subject line “Copyright Policy – DMCA Notification.” Please note that you may be liable for damages, including court costs and attorneys' fees, if you materially misrepresent that materials on the Service are infringing a copyright.
Neither CADET nor its Affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sub licensees, agents or subcontractors (collectively, the “CADET Parties”) warrant any connection to, transmission over, features or system functionality, or results or use of, any facilities provided or failed to be provided through the Service.
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. ALL MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
CADET MAKES NO COMMITMENT TO UPDATE ITS SERVICES. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE AND SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU ACKNOWLEDGE AND AGREE THAT THE CADETPARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT THROUGH THE SERVICE OR ANY RELATED PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CADET IS TO STOP USING THE SERVICE, AND TO DELETE ANY DOWNLOADED APPLICATION(S). IN NO CASE SHALL ANY LIABILITY OF THE CADET PARTIES TO YOU EXCEED THE AMOUNT, IF ANY, THAT YOU PAID FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL THE CADET PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE OR DATA, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THE CADET PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Residents of California are entitled to the following specific consumer rights information: You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
If you are a New Jersey resident, the above disclaimer and limitation of liability do not limit or waive your rights under New Jersey law. Furthermore, these provisions are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. CADET reserves all rights, defenses and permissible limitations under New Jersey law.
You agree to defend, indemnify, and hold CADET and its Affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorney's fees, that arise from (a) your use of, or activities in connection with the Service, or those of any child authorized by you; (b) any violation of these Terms of Service by you or any child authorized by you; or (c) any allegation that any content that you or any child authorized by you make available via the Service infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. CADET reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with CADET in asserting any available defenses.
CADET reserves the right to terminate (including withhold or revoke the awarding of any prizes), suspend, or change any service or feature of the Service at any time, for any reason or no reason, with or without notice to you. ADDITIONALLY, CADET MAY terminate AND/OR suspend your USE OF THE SERVICE FOR violation of these terms of service or VIOLATION OF any other policy related to SERVICE (INCLUDING THE POLICIES OF AFFILIATES ACCESSIBLE BY THE SERVICE). Without limiting the foregoing, your access to the Service may be terminated without warning if CADET believes, in its sole discretion, that you are under the age of eighteen (18) years but do not your parent's or guardian's permission to register for and/or access the Service. You agree that CADET shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, or change and YOU WILL HAVE NO FURTHER ACCESS TO THE SERVICE AND SHALL HAVE NO RIGHT TO ANY REFUND OF ANY MONIES PAID TO CADET.
The Terms of Service set forth herein continue to remain in full force and effect until such time as terminated by either party. You retain full discretion to end or terminate and discontinue use of the Service at any time, pursuant to the terms of this Terms of Service. The provisions of Sections 1 through 5, 7, 8, 10 through 20 shall survive any termination of this Terms of Service.
CADET may assign these Terms of Service, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Service without CADET's express prior written consent.
The Service (excluding any linked websites) is governed by the laws of the United States of America. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website and Service. Although the Service may be accessible worldwide, we make no representation that materials on the Service are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings. You and CADET agree that any cause of action arising out of or related to the Service shall be heard under New York law and must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
You hereby specifically acknowledge, agree and consent that you waive your right to a trial, by jury or otherwise, and that you agree that any suit, action, proceeding, dispute, controversy or claim (“Dispute”) arising out of or relating to this Terms of Service or any of the transactions contemplated herein or related to the Service or any contests or services thereon will be dealt with in accordance with the following procedures. All parties shall first attempt to negotiate all Disputes informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations shall commence following the receipt of a notice in writing by one of the parties sent to the other. CADET will send its notice to your billing address, if provided, and email you a copy to the email address you have provided to us, if any. You may send any notice to CADET to the addresses listed below.
If the Dispute is not resolved through informal negotiations the Dispute shall be finally and exclusively resolved by binding arbitration before a sole arbitrator. Such Dispute shall be arbitrated within thirty (30) days of the appointment of the arbitrator, unless the parties agree otherwise in writing. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you or in the State of California where CADET is located. For residents outside the United States, any arbitration shall be initiated in the State of California using the English language in accordance with the Commercial Arbitration Rules and Procedures of the American Arbitration Association (“AAA”) then in effect, by one arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by an arbitrator rather than a court. The prevailing party in any arbitration or other proceeding arising under these Terms of Service shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation, this section.
The parties agree that any arbitration shall be limited to the Dispute between you and CADET individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis and you agree to no class action as set forth below; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
If you have a dispute with another user of the Service, you release CADET (and CADET's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. CADET, at its sole discretion, may try to help resolve disputes between users; however it has no obligation to do so.
No Class Action Matters. YOU AND CADET AGREE THAT WITH RESPECT TO ARBITRATION DISPUTES EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. All Disputes will be heard or arbitrated only on an individual basis and will not be joined or consolidated with any other claims or arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that the restriction set forth in this Section is unconscionable or unenforceable, then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in the courts located within the State of California. Notwithstanding any other provision herein, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained in this “No Class Action Matters” section, are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
All notices to a party shall be in writing and shall be made either via email or conventional mail. The parties agree that all correspondence relating to this Agreement shall be written in the English language. Notices to CADET must be sent to the attention of Customer Service at firstname.lastname@example.org, if by email, or to CADET at the address below if by conventional mail. Notices to you may be sent to the email or mailing address supplied by you as part of your account or user profile, if any. In addition, we may broadcast notices or messages through the Service to inform you of changes to the Service or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
You may contact CADET at the following address:
CADET NM Inc.
732 Camino de Lucia Corrales,
These Terms of Service constitute the entire agreement and understanding between CADET concerning the subject matter of the Terms of Service and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s), unless otherwise agreed to in a written agreement signed by you and CADET. To the extent that anything in or associated with the Service is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.
If any part of these Terms of Service is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.
Nothing contained in these Terms of Service is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by CADET with respect to such use. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Effective Date: Jan 06, 2019