Legal Terms + Conditions

Terms of Use
1. Terms

By accessing this web site, you are agreeing to be bound by these support web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.

2. Use Licenses

Permission is granted by the manufacturer of Versus, Neuro Management LLC (NML), to temporarily download one copy of the materials (information or software) on Versus’ web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • – modify or copy the materials;
  • – use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • – attempt to decompile or reverse engineer any software contained on Versus’s web site;
  • – remove any copyright or other proprietary notations from the materials; or
  • – transfer the materials to another person or “mirror” the materials on any other server.
3. Disclaimer

The materials on Versus’ web site are provided “as is”. NML makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, NML does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall NML or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Versus’ Internet site, even if NML or a NML authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Versus’ web site could include technical, typographical, or photographic errors. NML does not warrant that any of the materials on its web site are accurate, complete, or current. NML may make changes to the materials contained on its web site at any time without notice. NML does not, however, make any commitment to update the materials.

6. Links

Versus has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Versus of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

Versus may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Versus’ web site shall be governed by the laws of the State of California without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.

Date Last Updated: May 25, 2018

Privacy Policy 

Neuro Management LLC (“We” “Us” or “NML”) cares about your privacy and those of others.

1. What the Privacy Policy Covers

This policy covers how NML treats personal information that NML collects and receives, including through the www.getversus.com website (the “Site”). As the NML site is only to be accessed by persons 18 years or older, we do not intend to collect any personal information from children under 13. Personal information is information about you that is personally identifiable, including your name, email address, billing address, phone number, credit card information, birth date, and other information, that is not otherwise publicly available, as defined in 42 USCS § 13925 (20). This policy does not apply to the practices of companies that NML does not own or control, or to people that NML does not employ or manage.

2. Why We Collect Personal Information

Neuro Management LLC collects your personal information because it helps us deliver a superior level of customer service. It enables us to give you convenient access to our products and services, focus on categories of greatest interest to you, process your orders, and detect and address technical issues and fraud. In addition, your personal information helps us keep you posted, at your request, on the latest product announcements, software updates, special offers, and events that you might like to hear about. Our emails to you should always contain an unsubscribe option.

3. Information Collection and Use

NML may ask for your personal information when you’re purchasing a product, registering a product, participating in a forum, discussing service issues, downloading a software update, registering for an event or participating in an online survey.

  • i. Personal Information
  • In such cases, we may collect personal information relevant to the situation, such as your name, mailing address, phone number, email address, and contact information; your credit card information and information about the products you own; and information relating to a support or service issue.
  • ii. Site Usage Information
  • NML gathers certain generic information with respect to your use of the Site, such as the frequency with which you visit the Site, the applications and the services you use, and the areas on the web site that you favor. We only use this type of data in aggregate – that is, we look at the data on a collective basis, in summary form, rather than on an individual basis. This data helps us determine the extent to which our customers use certain parts of our web site which, in turn, enables us to make it as appealing as possible.
  • We may also provide statistical information about how our customers collectively use our web site to partners, advertisers, sponsors, and other companies with which we do business, but, in no instances, shall your personal information be disclosed. We do this so they, too, can understand how often people use their areas of the site in order for them to provide you with the best possible experience. This statistical information does not contain any personally identifiable information about you or any of our users. We may use also personal information to provide products that you have requested as well as for auditing, research, and analysis to improve our products.
  • iii. Cookies
  • NML may set and access cookies on your computer. A cookie is a small text file containing a unique identification number that is transferred from a Web site to the hard drive of your computer so that the site administrator may identify your computer and passively track its activities on the website. This unique number identifies your web browser to our computer system. A cookie will not allow a website to learn any personally identifiable information (such as your real name and address) that you have not otherwise disclosed. Cookies allow us to automatically remember your web browser when you visit our site or Service.
  • The use of cookies is an industry standard, and they are currently used on most major Web sites. It is possible to adjust your Web browser preferences to alert you when a cookie is sent to your hard drive, or to refuse cookies altogether. While we do not require you to use cookies, we request that you keep in mind that certain sites and services may not function properly if you set your browser to refuse all cookies.
4. ‘Do Not Track’ Signals

Your web browser may allow you to configure the ‘Do Not Track’ feature, which indicates to the website that you do not want your activity on that site to be tracked. We do not support ‘Do Not Track’ signals at this time.

5. Retention

We may retain your personal information for as long as it is needed to fulfill the purpose for which it was collected, including complying with or enforcing legal agreements. We may also retain your Usage Data as needed for analysis to improve our existing services and features. 

6. Your Rights Under the General Data Protection Regulation (GDPR)

As a resident of the European Economic Area (EEA), you may be entitled to the data protection rights listed below. If you would like to exercise any of these rights, please contact us.

  • i. Access
  • The right to know which personal data we have collected from you and to access it.
  • ii. Correction
  • The right to update your personal information. You can directly correct your personal information, including your first and last name, email address, and date of birth, via your Versus Dashboard, accessible at app.getversus.com. To correct any other personal information, contact us.
  • iii. Erasure
  • The right to request deletion of your personal information.
  • iv. Restriction
  • The right to request that processing of your personal information be restricted. If you would like your personal information (first and last name, Performance Protocol, avatar, and NeuroPoints) removed from the Leaderboard and Compare sections of the app, you may opt-out of the Leaderboard in the Account & Settings menu of the app. To restrict the processing of any other personal information, contact us.
  • v. Objection
  • The right to object to our processing your personal information.
  • vi. Transfer
  • The right to request that a machine-readable copy of your personal information be transferred to you or a chosen third party.
  • vii. Removal of Consent
  • The right to withdraw your consent to the processing of personal information where we were dependent on your consent to process it.
  • vi. Complaint
  • The right to complain about how we collect, process, or use your personal information. To submit a complaint, contact your local Data Protection Regulator.
7. Processing of Data Under the General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), NML may process your data for one or more of the following reasons: (1) To create or fulfill contractual obligations to you, (2) to protect our legitimate interests when they are not overridden by your rights, (3) to comply with your requests, upon your consent, or (4) to comply with the law.

8. Disclosure Exceptions

Any information given to us shall be stored and managed with our best possible care, and will not be used in any ways to which you have not consented. We will not sell, rent or exchange such personality identifiable information to any other organization or entities, unless the user is first notified and expressly agreed to.

Notwithstanding the above, we may indeed disclose personal information if required to do so in response to legal process, such as a court order or subpoena, or when such disclosure is made for establishment or exercise of legal rights or in defending against legal claim or as otherwise required by law, including pursuant to 18 USC Section 2257. And, as we mention above, we may share with aggregated statistical information about the use of NML, its services and other future services.

9. Minors

If a parent believes that his or her minor child has submitted personal information to us, he or she can contact us via e-mail or postal mail as listed below. We believe that parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from otherwise disclosing online their name, address and other personal information without parental permission.

10. Third Party Sites

Links on this website to other websites are provided as a convenience to you. Such linked sites are outside our control and responsibility and are not covered by this policy. If you use any such linked sites, you should consult the privacy policies posted on those websites. We are currently using companies to provide payment and other fulfillment services. As of the date of this privacy policy, these companies are: Stripe, WooCommerce, WordPress, MailChimp, and MixedPanel.

We may also use companies to serve advertisements on some of our pages. These companies and advertisers may place and access their cookies on your computer. Other companies’ use of their cookies is subject to their own privacy policies, not ours. We may use your information or allow companies access to your information to determine which advertisements you will see and what communications you will receive. This information may include your demographic information, geographic location, what content you access on our site, how you rate such content, language contained in your comments and other information.

Our site contains links to other Websites. We are not responsible for the privacy practices or the content of such Websites. Our site may also link to Websites that feature our trademarks and names along with trademarks and names of other companies. You should look at the privacy policy on that co-branded Website, as the co-branded Website may not be under our control.

Applications you use or download from our site may contain third party digital rights management systems (“DRMS”) which may allow for communication between your software and the third party and utilize security features (e.g., preventing distribution of or access to the applications in the event of unauthorized use). These DRMS are subject to their own license agreements and you agree that we shall not be responsible for any loss or damage of any sort relating to the use of the DRMS or your dealings with such third parties.

The applications may also contain DRMS produced by us which allow for communication between the applications you use or download and our systems and which collect information describing your computer system in order to prevent illegal or unauthorized use of the applications.

For reasons such as improving member experience and providing customized communications to our users, we may receive information about you from third party sources and our web logs and add it to the information that we have received from you. Web logs automatically record anything a web server sees, which may include e-mail addresses you enter into a form or pages viewed by a user at a particular IP address.

11. Information Sharing

We will not share your personally identifiable information with third parties, aside from entities that perform services for us, such as fulfilling orders or processing payment, that either are bound to comply with our privacy policy or have privacy policies that protect your information unless you have “opted-in” to such sharing. If you have previously opted-in to such sharing under a prior privacy policy version, you are still considered to have opted-in under this privacy policy.

As stated, and whether or not you have opted-in, we may use third parties to accept and process orders and payments for merchandise and products, including software, and such third parties may get access to your personal information for the purposes of providing services or products to you on our behalf. In addition, if you opt-out, we may share that information with third parties who send e-mails on our behalf so that they do not e-mail you.

However, we may disclose information you provide if required to do so by law or if we have a good faith belief that disclosure is necessary to (1) comply with the law or with legal process served on us; (2) protect and defend our rights or property; or (3) act in an emergency to protect someone’s safety.

We may request demographic information from you (for example, your age, education level or household income) from time to time. We will not share that information in a manner that identifies you as an individual with any other entity, unless we let you know that at the time of collection or we have your permission. When we share demographic information with third parties, we will give them aggregate information only.

12. Transfer of Personal Data Under the General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), we may transfer your data as per the following policy. Personal information may be transferred and stored in a location other than your state, country, or governmental jurisdiction. It may also be processed by company staff working outside the EEA. By submitting your personal information to us, you are agreeing to this transfer of data.

We take reasonable steps to ensure that your personal information remains secure and is processed as per the regulations of this Privacy Policy. We take all reasonable measures to ensure that your data is not transferred to or processed in a country that does not have adequate controls in place to secure your data.

13. Sale of Assets

In the event that NML is ever sold, acquired, merged, liquidated, reorganized, or otherwise transferred, we reserve the right to transfer our user databases together with any personally identifiable information contained therein, to a third-party acquiring NML’s assets. In the event we do so, we will place a prominent notice of the sale on the homepage of our site, with links to information as to how you can change your privacy preferences.

14. Changes to this Privacy Policy

We may change our privacy policy from time to time by updating the posting, provided however that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone.

15. Contact Information

If you have questions or concerns regarding this Privacy Policy, you should contact us. References to NML in this Privacy Policy refer to Neuro Management LLC, a Delaware corporation, and its affiliates.

Date Last Updated: May 25, 2019.

Terms of Sale

This is a legal agreement between you (meaning you as an individual if acting on your own behalf, or the company that you represent if you are acting on behalf of such company) and Neuro Management LLC. and/or its affiliates (“NML or GetVersus”) with an office at 15333 N Pima Rd, Suite 305, Scottsdale, AZ 85260. By placing an order or making a purchase of the Versus Headset, Versus Software, Guide and accessories included in the packaging (“Versus Suite”) from the GetVersus websites (the “Site”), you agree to these terms of sale set out below, Neuro Management LLC’s Privacy Policy and any website terms of use (collectively “Terms”). These Terms may be updated by Neuro Management LLC from time-to-time, and it is your responsibility to review these Terms each time you make a purchase from the Site.

BY CLICKING ON THE BUTTON TO SUBMIT AN ORDER, OR BY OTHERWISE CONTINUING WITH THE PURCHASE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT UNDERSTAND OR AGREE, YOU MUST NOT CLICK THE BUTTON TO SUBMIT AN ORDER.

1. English Only

THE SOFTWARE, USER INFORMATION, USER INTERFACE, SUPPORT, COMMUNICATION AND AGREEMENTS, ARE ONLY PROVIDED IN ENGLISH. DO NOT USE THE VERSUS SUITE OR OTHER NML PRODUCTS UNLESS YOU CAN FLUENTLY READ AND UNDERSTAND ENGLISH.

2. Ordering
  • i. Application
  • These Terms will apply to all orders for the Versus Suite placed by you through the Site, or as otherwise referenced in a written agreement between you and NML. You acknowledge that the information contained on the Site may contain technical inaccuracies or typographical errors. The Site, all content available on the Site, and all related communications are provided on an “AS IS” basis. We make no representations or warranties as to the completeness, accuracy, adequacy or reliability of any information contained on the Site.
  • ii. Requirements
  • To place an order, you must:
    • -provide up-to-date, complete and accurate registration information as requested by us on the Site, which may include your first and last name, institution name, mailing address, phone number and email address;
    • -provide up-to-date, complete and accurate credit card information for a credit card that is valid and legally registered to you; and
    • -be at all times in compliance with the terms and conditions of these Terms and applicable law, including the requirement to be 18 years of age or older.
  • iii. Accuracy
  • You specifically agree that NML may rely on the accuracy of the information provided by you to NML, and that NML will have no liability whatsoever, whether to you or to any third party, for any claims or damages resulting from inaccurate information provided to NML.
  • iv. End User Sales Only
  • All products available through the Site are intended for end-user customers only. You may not purchase NML for resale, and we reserve the right to refuse or cancel your order, or to deny you any return rights, if we suspect you are doing so.
3. Delivery and Shipping
  • i. Acceptance Required
  • All orders are subject to acceptance by NML, and any rejection of an order will be made in NML’s sole discretion, regardless of whether the order was confirmed through the Site. If you have been charged for an order that is subsequently rejected by NML, NML will refund the amount of that order to your credit card.
  • ii. Delivery Requirements
  • NML will make reasonable efforts to accommodate your delivery requirements; however, delivery is subject to availability of resources at the time of order placement. NML will therefore not be liable in any way for any delay or damage arising from NML’s failure to meet your delivery requirements or any delivery dates.
  • iii. Shipping Terms
  • All shipments will be made FCA NML’s facilities in the state of California and/or Arizona (Incoterms 2010). Risk of loss for products will pass to you upon delivery to the carrier, and you are responsible for pursuing the carrier for any loss occurring in transit.
  • iv. Check Order
  • You are responsible for examining all shipments promptly upon receipt. If you discover any shortages or incorrect products in the shipment, you must notify NML immediately. Please check the order carefully, as no claim for shortages or deficiencies will be accepted by NML after five (5) days from delivery of the products.
4. Pricing and Payment
  • i. Currency
  • All prices are in US dollars unless otherwise expressly stated in writing. Where you are making payment in a currency other than US dollars, the currency exchange rate that applies is the one in effect at the time your payment is processed, not the one that was in effect on the date that you placed your order. NML reserves the right to change its standard prices without notice.
  • ii. Prices
  • Prices are exclusive of, and you will pay:

-all applicable federal, state, provincial and local taxes (including all applicable sales, use, consumption, goods and service, value added, and withholding taxes), unless you have provided NML with an appropriate tax exemption certificate or number, and

-all fees and charges related to customs, duties and brokerage. As required by applicable law NML may charge sales tax for sales through the Site. Any sales tax charged will be indicated during the checkout process.

  • iii. Importer of Record
  • For procurement of the Versus Suite outside the United States of America, you are the importer of record in the destination country, you are responsible for:

-paying for all import fees such as import duties and customs taxes; and

-ensuring that NML can be lawfully imported, and to comply with all laws and regulations of the destination country. With respect to each item for which import fees have been calculated, you authorize us to designate a carrier (“Designated Carrier”) to act as your agent with the relevant customs and tax authorities in the destination country, to clear your merchandise, and, if applicable, process and remit your actual import fees for such item. Your order may include an estimate (“Import Fees Estimate”) of some or all of the import fees that will be levied on the items in your order for shipment. By placing your order, you agree to allow us to collect the Import Fees Estimate for the applicable items in your order. This amount will be used, on your behalf, to reimburse the Designated Carriers for the import fees that they have paid on your behalf to the appropriate authorities of the destination country. The Import Fees Estimate may or may not include customs duties. If they do not include customs duties, you will be responsible for making arrangements with the customs authorities for payment of duties. The Import Fees Estimate may be more or less than the final actual amount of import fees due and payable. We have no control over the import fees and cannot always predict with 100% accuracy what the final actual amounts may be. For greater certainty, you should contact your local customs office for further information on the import taxes and customs duties that may be applicable to your purchase. You agree and acknowledge that:

-the actual import fees may be more or less than the Import Fees Estimate: and

– you will NOT receive any refund in the case that the actual import fees differ from the Import Fees Estimate.

  • iv. Credit Card
  • Where your credit card is rejected for any reason, you will be responsible for any fees and charges associated with such rejection, as well as interest on the amount owing. Interest will be the lesser of 1.5% per month or the maximum rate permitted by law, commencing on the date that your credit card was rejected. NML may, in its sole discretion, delay shipment of, or cancel, your NML order where your credit card is rejected.
5. Final Sale

Except as provided for in this section 5, and to the extent prohibited by law, all sales are final and you have no right to return the NML unless: (a) there is a defect that is covered under the warranty set out in Section 8, and (b) you have complied with the return procedures set out in Section 8 of this Agreement. If you have purchased a Versus Headset and licensed the Versus Software directly through an official NML on-line stores, you may return the Headset and software that was licensed to you for any reason, within twenty-one (21) days of the shipment date for such Headset, as indicated on the records of the Company.

To return such Headset you must:

– complete the Returned Merchandise Authorization form (“RMA form”) set forth at www.support.getversus.com in a full and complete manner;

-fully cooperate with any questions or communications directed or sent to you by a NML representative;

– obtain a valid RMA approval;

-return the Headset, Software, Guide and all materials associated with such Headset in the original packaging, when available, and in their original condition;

-pay a reconditioning and restocking fee, as set forth in the RMA approval; and

-ship the Hardware and Software in accordance with the instructions contained within the RMA approval, and you are responsible for shipping fees, customs, duties, taxes and insurance associated with such return.

After the return has been processed, and confirmation made that all of the requirements set forth in this Section 1 have been met, a refund will be processed, either, in the Company’s sole discretion, by means of a charge-back to the credit card or PayPal account you provided for the license, or by a check in your name.

Versus Headsets and Software purchased through merchants other than the NML on-line store are covered by the merchant’s return policy and are excluded from the provisions detailed in this Section 5.

6. Title, Intellectual Property, Use Restrictions and License Grants
  • i. Title to Versus Headset
  • Title to any Versus Headset procured by you will pass to you upon your full payment for such Versus Headset in accordance with Section 4.
  • ii. Title to Software
  • Notwithstanding the foregoing, title to software will not pass to you, and you are hereby put on notice that your use of any NML software supplied to you is governed by and subject to the end user license agreement as may be provided to you with the software. Such license terms may be included as a file with the software that you download for use with the Versus Headset. Use of any third party software will be governed by and subject to your agreeing to the terms of all applicable third party agreements and licenses respecting such third party software.
  • iii. Intellectual Property Rights

    You do not acquire any intellectual property or other proprietary rights under these Terms, including without limitation any right, title or interest in and to patents, copyrights, trade-marks, industrial designs, confidential information, or trade secrets, whether registered or unregistered, relating to NML products, software or any part thereof. Your only rights to NML products, software, or any part thereof will be those rights expressly licensed or granted to you under these Terms or in a separate, or other written agreement between you and NML. Any rights not expressly granted under these Terms are reserved.

  • iv. Restrictions/Representations
  • Except to the extent expressly agreed upon in writing by you and NML, you will not (and will not allow any third party to):
    • -use NML and the associated software for any purpose other than as authorized under the end user license agreement for the software;
    • -remove or alter any copyright notice or any other notices that appear on NML or the associated software, or modify or create derivative works thereof;
    • -reverse engineer or attempt to discover any source code or underlying ideas or algorithms of NML or any associated software (except to the extent that applicable law prohibits reverse engineering restrictions);
    • -provide, lease, lend, sublicense, use for timesharing or otherwise use or allow the use of NML or the associated software for the benefit of any third party; or
    • -use NML or any associated software, or allow the use, transfer, transmission, export, or re-export of NML or any associated software or portion thereof in violation of any export control laws or regulations, or in violation of any laws or regulations. For the purposes of these Terms, “User Generated Content” means any text, feedback, ideas, suggestions, documents, proposals, photographs or other data and information you or anyone acting on your behalf submits through the online and mobile services made available by NML from time- to-time, including, but not limited to certain websites, widgets, computer programs and mobile applications hosted by or on behalf of NML (collectively, the “ NML Services”).You represent that your User Generated Content:
      1. will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights, or rights of privacy;
      2. will not violate any law, statute, ordinance or regulation;
      3. will not be obscene or contain child pornography; and
      4. will not be defamatory, unlawfully threatening or harassing, harmful to minors or others in any way, or otherwise offensive or inappropriate. You agree to indemnify, hold harmless and defend NML, its service providers and its licensors from and against any claims or suits, including attorneys’ fees and expenses, which arise or result from any breach of this Section by you or by another who has access to or use of the Versus Suite, NML Services, or User-Generated Content through you.
  • v. Personally Identifiable User Generated Data
  • For the purposes of these Terms, “Personally Identifiable User Generated Data”means User Generated Content that identities You. For example, NML considers your picture, name, address, phone number, email address, and EEG data (commonly known as brainwaves) as Personally Identifiable User Generated Data. For clarity, Personally Identifiable User Generated Data does not include anonymized or aggregated data.
  • You own your Personally Identifiable User Generated Data; we can’t use it without your consent. You grant to NML a revocable, non-exclusive, worldwide, royalty-free license, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use Personally Identifiable User Generated Data in any media now existing or developed in the future only so far as required to deliver NML Services and products. You waive any rights of publicity, moral or other similar such right with respect to Personally Identifiable User Generated Data while used in accordance with the preceding sentence.
  • vi. Non-Personally Identifiable User Generated Data
  • For the purposes of these Terms, “Non-Personally Identifiable User Generated Data”means all User Generated Content except for Personally Identifiable User Generated Data. You grant to NML a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit Non-Personally Identifiable User Generated Data in any media now existing or developed in the future. You waive any rights of publicity, moral or other similar such right with respect to the Non-Personally Identifiable User Generated Data that might require your permission for NML to use such Non-Personally identifiable User Generated Content.
  • vii. Third Party Equipment
  • You are responsible for the selection, implementation, and performance of any and all third party equipment used in connection with NML’s Versus Suite, and for compliance with any licenses, conditions, laws, rules and/or regulations respecting the use of NML’s Versus Suite and any equipment, services or software used in conjunction with NML’s Versus Suite.
  • viii. Compatibility
  • Before ordering NML’s Versus Suite, you should check https://shop.getversus.com to determine if NML’s Versus Suite is designed to work with your smartphone or tablet. NML assumes no responsibility with regard to the performance or use of your smart phone/tablet with GetVersus Suite.
  • ix. Permitted Age
  • NML Services, software and products should only be used by individuals aged 16 years or older (“Permitted Age”). If the user is of the Permitted Age or older but under the age of 18, the user should review these Terms with the user’s parent or guardian to make sure that the parent or guardian understands these Terms.
  • x. Informational Purposes Only
  • Content generated or found through NML Services or products is for informational purposes only and is not intended to replace the relationship between you and your physician or other health-care provider. NML is not a licensed medical or health-care care provider and has no expertise in diagnosing, examining, or treating medical conditions of any kind.
7. Changes
  • i. Design Functionality
  • NML reserves the right to make changes in the design and functionality of NML’s Versus Suite without the obligation to make equivalent changes to products that have previously been supplied to you.
  • ii. Orders
  • Except as expressly set forth in these Terms, you will not be entitled to change or cancel any order that has previously been accepted by NML without the prior written agreement of NML, unless NML is unable to fulfill said order.
  • iii. Software
  • NML includes embedded software (firmware). NML reserves the right, but has no obligation, to download updates to your NML’s Versus Suite, upon your Versus Headset being connected to a computer actively connected to the Internet, in order to maintain compatibility with Versus software associated with Your Versus Headset, such as the NML SDK.
8. Limited Warranties, Exclusions and Support by Neuro Management LLC
  • i. Statutory Protections
  • THE APPLICABLE LAWS OF SOME COUNTRIES MAY NOT ALLOW THE EXCLUSION OF IMPLIED GUARANTEES, ASSURANCES, CONDITIONS, WARRANTIES AND REPRESENTATIONS AND/OR THE LIMITATION OR EXCLUSION OF LIABILITY EITHER IN CONTRACTS OR IF YOU ARE A CONSUMER, AND AS SUCH, SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU, IN WHICH CASE THIS AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS.
  • ii. Limited Warranty
  • NML’s Versus Suite is warranted by NML to be free of defects in materials and workmanship, under normal use, for a period of ninety (90) days from the date of the original purchase of the new NML’s Versus Suite (the “Warranty Period). This limited warranty excludes damage resulting from:
    • -improper care or handling (including, without limitation, proximity to moisture or heat);
    • -accidents;
    • -modification;
    • -unauthorized repairs;
    • -use of the NML’s Versus Suite with accessories, products, services or software applications not expressly approved or provided by NML;
    • use of NML’s Versus Suite in a manner contrary to, or not in accordance with, the documentation, guidelines or instructions provided by NML; or
    • other causes which are not defects in materials or workmanship of NML.

This warranty does not cover a used NML’s Versus Suite, or a NML’s Versus Suite marked as “sample” or sold “AS IS” and only extends to a new NML’s Versus Suite purchased by you from NML or an authorized NML retailer. This warranty is a hardware only warranty that is limited to NML’s Versus Headset and does not cover any software made available, shipped, pre-loaded, or distributed by NML or any third party, even if the software is packaged or sold with the NML’s Versus Headset, or available for NML at a later time. Software license agreements apply to your use of software associated with NML’s Versus Headset. The software license for NML proprietary software to be used with NML’s Versus Headset is described in the applicable NML end user license agreement. If there is a covered defect, NML will repair or replace (with new or refurbished parts), NML’s Versus Headset free of charge or issue a refund at its discretion. The Warranty Period for the repaired or replaced NML will expire upon the expiration of the original Warranty Period (except to the extent NML is expressly required by law to provide you a longer Warranty Period for the repaired or replaced NML’s Versus Headset).

EXCEPT TO THE EXTENT EXPRESSLY SET OUT IN THIS SECTION 8.b, NML IS PROVIDED “AS IS AND WITH ALL FAULTS” AND NML DISCLAIMS ALL GUARANTEES, ASSURANCES, CONDITIONS, WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO NML INCLUDING, BUT NOT LIMITED TO: THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS; AND PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR SERVICES, INFORMATION, SOFTWARE AND RELATED CONTENT THROUGH NML OR OTHERWISE ARISING OUT OF THE USE OF NML.

  • iii. Liability Limitation
  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OTHER THAN LIABILITY FOR DEATH OR BODILY INJURY RESULTING FROM NML’s GROSS NEGLIGENCE, NML, ITS SERVICE PROVIDERS AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE OF PRODUCTS OR FUNCTIONALITY, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF INFORMATION (INCLUDING DATA) OR OTHER PECUNIARY LOSS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CLAIMS ARISING FROM OR RELATED TO:

-USE OF NML’s GETVERSUS OR VERSUS SUITE; OR

-THE INABILITY TO USE OR THE NON-PERFORMANCE OF NML’s Versus Suite, IN ALL CASES WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, EVEN IF NML HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NML, ITS LICENSORS AND SERVICE PROVIDERS EXCEED THE NET PURCHASE PRICE PAID BY YOU FOR NML’s Versus Suite UNDER THIS AGREEMENT.

iv. Basis of the Bargain; Exclusions

The disclaimers of warranties and limitations of liability set forth above are fundamental elements of the basis of the agreement between you and NML. You understand and agree that NML would not be able to economically or reasonably provide NML’s Versus Suite to you without these limitations.

v. Limited Warranty Claim Process

If you have a valid claim under Section 8.b. contact NML through the contact details set out at www.support.getversus.com to obtain a Return Material Authorization (RMA) number, shipping address and instructions. You must:

-comply with the requirements of this Section 8;

-provide proof of purchase;

-package the NML’s Versus Suite in the original, unmarked packaging (when practicable) including, accessories, manuals, and documentation;

-include the RMA number in the packaging;

-include a description of the problem, and

-prepay all shipping charges.

NML reserves the right to refuse or return any NML’s Versus Suite not sent in compliance with this Section 8. NML recommends that you use a carrier that offers shipment tracking for all returns and either insure your package for safe return to NML or declare the full value of the shipment so that you are protected if the shipment is lost or damaged in transit. You are fully responsible for the cost of shipping and any loss or damage during shipping.

vi. Support

NML will not be obligated to provide any support or maintenance services for the NML’s Versus Suite unless otherwise expressly agreed upon in writing by you and NML. However, this provision does not relieve NML of its warranty obligations described in Section 8.b. above.

9. Cancellation and Termination
i. Termination Rights

NML may terminate these Terms upon written notice to you, and may also stop any products in transit to you and suspend the delivery of NML’s Versus Suite to you without penalty, if:

-you commit a material breach of these Terms and fail to remedy such breach within thirty (30) days of receiving notice of such breach, or

-you become involved in any legal proceeding concerning your solvency, have a receiver or administrator appointed of any of your assets, cease or threaten to cease operations, or otherwise have a serious and reasonable doubt arise respecting your solvency. Except as otherwise specified in these Terms, neither party will be entitled to terminate or cancel these Terms except with the prior written consent of the other party.

ii. Insolvency

Upon termination of these Terms for your breach or insolvency:

-all of NML’s performance obligations hereunder will immediately cease;

-your license to use any software provided to you hereunder will immediately cease, and you will either return all such software to NML or certify that such software has been destroyed; and

-any payments then due to NML become immediately payable in full.

10. Accounts and User Conduct

Each Versus software subscription is non-transferrable and may only be used by the individual to whom it is initially registered. If NML determines that any user is not using NML’s Versus Suite, or Services responsibly, NML has the right (but not the obligation) to remove, edit block or delete such user’s transmissions, User Generated Content, or use of the NML Services. If NML, in its sole discretion, believes that the user has engaged in or facilitated practices that:

  • -are in breach of these Terms;
  • -are offensive, illegal or violate the rights of others or NML;
  • -are offensive, illegal or violate the rights of others or NML;
  • -could result in liability for NML, then NML has the right (but not the obligation), without notice, to terminate the user’s access to and/or use of all or a portion of NML Services, or delete information posted or stored to the NML Services. In addition, NML reserves the right to limit the number of accounts that may be created from NML’s Versus Suites and the number of NML’s Versus Suite associated with an account. If NML suspects that any registration data provided is inaccurate or incomplete, NML may suspend or terminate the account without notice.
11. General
i. English Only

Do not order NML’s Versus Suite or install, download or use the software unless you can fluently read and understand English. You acknowledge and represent that you have carefully reviewed these Terms and have sufficient understanding of the English language in order to fully understand the terms and conditions contained in these Terms and that you have no questions regarding the meaning or effect of any of these Terms.

ii. Physical Symptoms

In rare cases, people experience seizures or blackouts due to exposure to flashing lights and patterns created by the display of certain applications on mobile or other such similar devices used in conjunction with NML Versus Headset. If you have done so, or have experienced any nausea, involuntary movements, tingling, numbness, vision issues while using such devices in the past, you should consult with your doctor before using similar applications and should immediately cease all such use of such applications should the symptoms reoccur. In any event you should avoid prolonged use of such applications to minimize any possible discomfort or fatigue, including any muscle, joint or eye strain and should closely monitor your children’s use of technology to avoid possible problems.

iii. Privacy Policy

You acknowledge and agree that you have read the NML Privacy Policy located at www.GetVersus.com (or otherwise made available through NML Services, and consent to the handling and processing of your data as described in the NML Privacy Policy.

iv. Interpretation

If any provision, clause or term of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of that provision, clause or term will not affect the validity or enforceability of the remaining provisions, clauses and terms or the validity or enforceability of that provision, clause or term in any other jurisdiction. If any provision of these Terms is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provisions shall be severed from the Terms for the purposes of that jurisdiction and the other provisions shall remain in full force and effect. No waiver by either party of a breach or omission by the other party under these Terms will be binding on the waiving party unless it is expressly made in writing and signed by the waiving party.

v. Other Terms

“Android,” “Google,” “Google Play” and “Nexus” are trademarks of Google Inc. The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc., and any use of such marks by NML is under license. iPad, iPhone, and iPod are trademarks of Apple Inc., registered in the U.S. and other countries. Samsung, Galaxy S and Galaxy Tab are registered trademarks of Samsung Electronics Co., Ltd. Sony is a trademark or registered trademark of Sony Corporation. Xperia is a trademark or registered trademark of Sony Mobile Communications AB. LG is a registered trademark of LG Group and its related entities. Nook HD ®is a registered trademark of Fission LLC. All other trademarks and trade names are the property of their respective owners and other company and product names mentioned herein may be trademarks of their respective companies. “Made for iPod,” “Made for iPhone,” and “Made for iPad” mean that an electronic accessory has been designed to connect specifically to iPod, iPhone, or iPad, respectively, and has been certified by the developer to meet Apple performance standards. Apple is not responsible for the operation of this device or its compliance with safety and regulatory standards. Please note that the use of this accessory with iPod, iPhone, or iPad may affect wireless performance.

vi. Governing Law

The Agreement is governed by and construed in accordance with the laws of the United States and the State of California, as applied to agreements entered into and to be performed entirely within California. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from application to the Agreement.

vii. Survival

The provisions of these Terms that under a commercially reasonable interpretation reveal that the parties likely would have such provisions survive termination or expiration of these Terms, including without limitation, Sections 6, 7, 8, 9, 10 and 11 will survive the termination or expiration of this Terms.

viii. Contact

If you have any questions or inquiries regarding these Terms or any order or purchase, please contact NML through the contact details set out at http://GetVersus.com. Please note that e-mail communications will not necessarily be secure, so please do not include credit card information or other sensitive information in your e-mail correspondence with us.

ix. Electronic Communications

For contractual purposes, you consent to receive communications electronically from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights related to electronic communications.

x. Entire Agreement

These Terms constitute the entire agreement between the parties and supersedes all previous agreements relating to the subject matter hereof. This Agreement may not be altered, amended, or modified except by a written instrument signed by the duly authorized representatives of both parties.

These Terms were last updated on July 14, 2017

 

End User License Agreement

PLEASE REVIEW THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. THIS EULA IS A BINDING LEGAL AGREEMENT BETWEEN NEURO MANAGEMENT LLC AND/OR ITS AFFILIATES  AND YOU AND, IF APPLICABLE, THE COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT (COLLECTIVELY, “YOU”) REGARDING THE SOFTWARE THAT YOU ARE INSTALLING, INCLUDING ANY FUTURE UPDATES, UPGRADES OR VERSIONS OF THE SOFTWARE, ACCOMPANYING DOCUMENTS, INFORMATION, MANUALS OR OTHER RELATED MATERIALS PROVIDED BY NEURO MANAGEMENT LLC AS PART OF, OR IN CONNECTION WITH THE SOFTWARE (COLLECTIVELY, THE “SOFTWARE”).

THIS SOFTWARE IS FOR INFORMATION PURPOSES ONLY AND IS NOT INTENDED TO BE USED FOR ANY OTHER PURPOSE, INCLUDING MEDICAL OR DIAGNOSTIC-RELATED PURPOSES.
THE SOFTWARE, USER INFORMATION, USER INTERFACE, SUPPORT, COMMUNICATION AND AGREEMENT, ARE ONLY PROVIDED IN ENGLISH. DO NOT USE THE NML OR OTHER NML PRODUCTS UNLESS YOU CAN FLUENTLY READ AND UNDERSTAND ENGLISH. FURTHER, DO NOT INSTALL, DOWNLOAD OR USE THIS SOFTWARE UNLESS YOU CAN FLUENTLY READ AND UNDERSTAND ENGLISH.

BY INSTALLING, DOWNLOADING, COPYING, ACCESSING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT UNDERSTAND OR AGREE, YOU MUST NOT INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE SOFTWARE.

1. License Grant and Restrictions
i. License Grant

NML grants you a limited personal, non-transferrable, non-sub-licensable, and non-exclusive license to install and use a single copy of the Software for your information and non-commercial use as part of the product or hardware supplied by or on behalf of NML in which the Software is contained or for which it is provided (the ”License”).

ii. Restrictions, Including User-Generated Content

You will not (and will not allow any third party to):

-use the Software for any purpose other than as set out in the License grant above;

-remove or alter any copyright notice or any other notices that appear on the Software, or modify or create derivative works of any Software;

-reverse engineer or attempt to discover any source code or underlying ideas or algorithms of any Software (except to the extent that applicable law prohibits reverse engineering restrictions), however if the licensee creates, or aids in the creation of a derivative work or transformative work, said resulting derivative work or transformative work shall be the property of the licensor, and the licensor shall grant to the licensee a licensee to said derivative work or transformative work under the same terms of this EULA;

-provide, lease, lend, sublicense, use for timesharing or otherwise use or allow the use of the Software for the benefit of any third party; or

-use any Software, or allow the use, transfer, transmission, export, or re-export of any Software or portion thereof in violation of any export control laws or regulations, or in violation of any laws or regulations. For the purposes of this EULA, “User Generated Content” means any text, feedback, ideas, suggestions, documents, proposals, photographs or other data and information you or anyone acting on your behalf submits through the online and mobile services made available by NML from time- to-time, including, but not limited to certain websites, widgets, computer programs and mobile applications hosted by or on behalf of NML (collectively, the “ NML Services”).

You represent that your User Generated Content:

-will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights, or rights of privacy;

-will not violate any law, statute, ordinance or regulation;

-will not be obscene or contain child pornography; and

-will not be defamatory, unlawfully threatening or harassing, harmful to minors or others in any way, or otherwise offensive or inappropriate. You agree to indemnify, hold harmless and defend NML and its licensors from and against any claims or suits, including attorneys’ fees and expenses, which arise or result from any breach of this Section by you or by another who has access to or use of the Software, NML Services or User-Generated Content through you.

iii. License Grant – Personally Identifiable User Generated Data

For the purposes of this EULA, “Personally Identifiable User Generated Data” means User Generated Content that identities you. For example, NML considers your picture, name, address, phone number, email address, and EEG data (commonly known as brainwaves) as Personally Identifiable User Generated Data. For clarity, Personally Identifiable User Generated Data does not include anonymized or aggregated data. You own your Personally Identifiable User Generated Data, we can’t use it without your consent. You grant to NML a revocable, non-exclusive, worldwide, royalty-free license, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use Personally Identifiable User Generated Data in any media now existing or developed in the future only so far as required to deliver NML Services and products. You waive any rights of publicity, moral or other similar such right with respect to Personally Identifiable User Generated Data while used in accordance with the preceding sentence.

iv. License Grant Non-Personally Identifiable User Generated Data

For the purposes of this EULA, “Non-Personally Identifiable User Generated Data” means all User Generated Content except for Personally Identifiable User Generated Data. You grant to NML a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit Non-Personally Identifiable User Generated Data in any media now existing or developed in the future. You waive any rights of publicity, moral or other similar such right with respect to the Non-Personally Identifiable User Generated Data that might require your permission for NML to use such Non-Personally identifiable User Generated Content.

v. Intellectual Property

The Software is protected by copyright laws, international copyright, patents, trade secrets and other intellectual property rights. As between you and NMLNML retains all right, title, interest, ownership and intellectual property rights in and to the Software. The License confers no title or ownership in the Software and is not a sale of any rights in the Software. The License does not grant you any right to any enhancement or update to the Software. NML reserves any and all rights not expressly granted to you. The Software may incorporate third party intellectual property or open source code.

vi. Permitted Age

NML Software and products are available for individuals aged 16 years or older (“Permitted Age”). If you are of the Permitted Age or older but under the age of 18, you should review this EULA with your parent or guardian to make sure that you and your parent or guardian understand it.

vii. For Information Purposes Only

Content generated or found through NML Services, Software, or products is for informational purposes only and is not intended to replace the relationship between you and your physician or other health-care provider. NML is not a licensed medical or health-care care provider and has no expertise in diagnosing, examining, or treating medical conditions of any kind.

viii. Physical Symptoms

In rare cases, people experience seizures or blackouts due to exposure to flashing lights and patterns created by the display of certain applications on mobile or other such similar devices used in conjunction with NML. If you have done so, or have experienced any nausea, involuntary movements, tingling, numbness, vision issues while using such devices in the past, you should consult with your doctor before using similar applications and should immediately cease all such use of such applications should the symptoms reoccur. In any event you should avoid prolonged use of such applications to minimize any possible discomfort or fatigue, including any muscle, joint or eye strain and should closely monitor your children’s use of technology to avoid possible problems.

2. Termination

This EULA is effective until terminated. You may terminate this EULA at any time by uninstalling the Software and destroying all copies of the Software in your possession or control. NML may terminate this EULA immediately upon notice to you for any or no reason. The EULA will terminate immediately without notice from NML if you fail to comply with any provision of this EULA (including breach for nonpayment, if applicable). Upon termination of this EULA, you agree to immediately uninstall the software and destroy all copies of the software.

3. Limited Warranties by Neuro Management LLC
i. Statutory Protections

THE APPLICABLE LAWS OF SOME COUNTRIES MAY NOT ALLOW THE EXCLUSION OF IMPLIED GUARANTEES, ASSURANCES, CONDITIONS, WARRANTIES AND REPRESENTATIONS AND/OR THE LIMITATION OR EXCLUSION OF LIABILTY EITHER IN CONTRACTS OR IF YOU ARE A CONSUMER, AND AS SUCH, SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU, IN WHICH CASE THIS AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS.

ii. Limited Warranty

NML DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. THE SOFTWARE IS PROVIDED “AS IS” AND NML DISCLAIMS ALL GUARANTEES, ASSURANCES, CONDITIONS, WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS.

iii. Liability Limitation

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OTHER THAN LIABILITY FOR DEATH OR BODILY INJURY RESULTING FROM NML’s GROSS NEGLIGENCE, NML, ITS SERVICE PROVIDERS AND ITS LICENSORS SHALL NOT BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CLAIMS ARISING FROM OR RELATED TO: (a) USE OF THE SOFTWARE; OR (b) THE INABILITY TO USE OR THE NON-PERFORMANCE OF THE SOFTWARE, IN ALL CASES WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, EVEN IF NML HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NML, ITS LICENSORS AND SERVICE PROVIDERS EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE UNDER THIS AGREEMENT.

iv. Basis of the Bargain; Exclusions

The disclaimers of warranties and limitations of liability set forth above are fundamental elements of the basis of the agreement between you and NML. You understand and agree that NML would not be able to economically or reasonably provide the Software to you without these limitations.

4. General
i. Governing Law

This EULA will be governed and construed in accordance with the laws of the United States of America, the state of California, and in the event of a dispute, you agree to submit to the exclusive jurisdiction of the state and federal courts located in the State of California and the County of San Francisco. This EULA will be governed and construed in accordance with the laws of the State of California. The United Nations Convention on Contracts of the International Sale of Goods is expressly excluded.

ii. Privacy Policy

You acknowledge and agree that you have read the NML Privacy Policy located at https://getversus.com/legal (or otherwise made available to you through NML Services) and consent to the handling and processing of your data as described in the NML Privacy Policy.

iii. English Language

This EULA is and will only be provided in the English language. The Software, user information, user interface, support and communication, are only provided in English. Do not use this Software or any NML products unless you can fluently read and understand English. Further, do not install, download or use this Software unless you can fluently read and understand English. You acknowledge and represent that you have carefully reviewed this EULA and have sufficient understanding of the English language in order to fully understand the terms and conditions contained in this EULA and that you have no questions regarding the meaning or effect of any of this EULA’s terms.

iv. Changes to EULA

NML may change the terms and conditions of this EULA and recommends that you review them on a regular basis. You can review the most current version of this EULA at: through the NML Services. If NML makes a change to the terms, it will post the revised version at the link above. You agree that your continued use of the Software after this EULA has been changed means that you have agreed to the changed terms.

v. Accounts and User Conduct

If NML determines that any user is not using NML Services responsibly, NML has the right (but not the obligation) to remove, edit block or delete such user’s transmissions, User Generated Content, or use of the NML Services. If NML, in its sole discretion, believes that the user has engaged in or facilitated practices that: (i) are in breach of this EULA, (ii) are offensive, illegal or violate the rights of others or NML, (iii) violate any terms of use or guidelines established by NML, or (iv) could result in liability for NML, then NML has the right (but not the obligation), without notice, to terminate the user’s access to and/or use of all or a portion of NML Services, or delete information posted or stored to the NML Services. In addition, NML reserves the right to limit the number of accounts that may be created from NML and the number of NML associated with an account. If NML suspects that any registration data provided is inaccurate or incomplete, NML may suspend or terminate the account without notice.

vi. Entire Agreement; Amendment

This EULA is the entire agreement with respect to this Software and supersedes any other agreements or discussions, oral or written.

vii. Interpretation

If any provision, clause or term of this EULA is determined by a court of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of that provision, clause or term will not affect the validity or enforceability of the remaining provisions, clauses and terms or the validity or enforceability of that provision, clause or term in any other jurisdiction. If any provision of this EULA is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provisions shall be severed from the EULA for the purposes of that jurisdiction and the other provisions shall remain in full force and effect. No waiver by either party of a breach or omission by the other party to this EULA will be binding on the waiving party unless it is expressly made in writing by the waiving party.

viii. Survival

The provisions of this EULA that under a commercially reasonable interpretation reveal that the parties would have such provisions survive the termination of this EULA, including without limitation, Sections 1.2, 1.3, 1.4, 1.5, 2, 3, 4.1, 4.6, 4.7 and 4.9 will survive the termination of this EULA.

ix. Other Terms

Android,” “Google,” “Google Play” and “Nexus” are trademarks of Google Inc. The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc., and any use of such marks by NML is under license. iPad, iPhone, and iPod are trademarks of Apple Inc., registered in the U.S. and other countries. Samsung, Galaxy S and Galaxy Tab are registered trademarks of Samsung Electronics Co., Ltd. Sony is a trademark or registered trademark of Sony Corporation. Xperia is a trademark or registered trademark of Sony Mobile Communications AB. LG is a registered trademark of LG Group and its related entities. Nook HD ®is a registered trademark of Fission LLC. All other trademarks and trade names are the property of their respective owners and other company and product names mentioned herein may be trademarks of their respective companies. “Made for iPod,” “Made for iPhone,” and “Made for iPad” mean that an electronic accessory has been designed to connect specifically to iPod, iPhone, or iPad, respectively, and has been certified by the developer to meet Apple performance standards. Apple is not responsible for the operation of this device or its compliance with safety and regulatory standards. Please note that the use of this accessory with iPod, iPhone, or iPad may affect wireless performance.

THIS EULA WAS LAST UPDATED ON October 20, 2014

License Agreement

NEURO MANAGEMENT LLC (NML) VERSUS HEADSET AND VERSUS SOFTWARE LICENSE AGREEMENT, WHICH GOVERNS THE LICENSE OF:

  • -THE NML’S VERSUS HEADSET (“HEADSET”);
  • -THE VERSUS SOFTWARE ASSOCIATED AND/OR PACKED-IN WITH THE HEADSET, AS APPLICABLE AND AS FURTHER DEFINED BELOW (“SOFTWARE”); AND
  • -DOCUMENTATION FOR THE HEADSET AND SOFTWARE.

LICENSE OF THE PRODUCT AND THE SOFTWARE BY NML, ITS SUBSIDIARIES AND/OR AFFILIATES (THE “COMPANY”) TO YOU AS THE INDIVIDUAL OR LEGAL ENTITY THAT WILL BE USING THE PRODUCT AND SOFTWARE (“YOU” AND “YOUR”) IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF ALL OF THE TERMS OF THIS AGREEMENT WITHOUT MODIFICATION. THIS IS A LEGAL, BINDING AND ENFORCEABLE CONTRACT BETWEEN NML AND YOU. BY INDICATING ASSENT ELECTRONICALLY, OR BY LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INDICATE ASSENT OR LOAD THE SOFTWARE.

 1. General

The Company has developed and will develop non-invasive dry sensor products that capture the biosignals generated by neurological activity, and eye or muscle movements (the “Products”) and software algorithms that interpret such biosignals (the “ NML Algorithms”).

The Company’s Versus Suite consists of:

  • -a neural headset (the “Headset”)
  • -an optical disc containing the Versus Instruction Manual;
  • -the Software; and
  • -a Versus Quick Start Guide for the Headset and Software (the “Guide”)
2. License

The Company is licensing the Versus Suite to You on the terms and conditions of this Agreement. The license set forth herein is subject to receipt of full payment for the Versus Suite.

Subject to the terms and conditions of this Agreement, the Company grants You a limited, non-exclusive, non-transferable, non-sublicensable license to use the Versus Suite.

You may copy the Software, the Guide and the Documentation only to the extent necessary for Your authorized use of the Headset and Software, and for archival and backup purposes only, provided that You will at all times and in each instance, reproduce all copyright notices and proprietary legends on each copy in the same manner as such notices and legends appear on the original.

You shall not (and shall not allow any third party to) copy (except as provided in the preceding sentence), modify, reverse engineer, reverse assemble, disassemble, or decompile the Products, the Headset, the Software or the NML Algorithms or any part thereof or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in or to the Products, the Headset, the Software or the NML Algorithms.

You shall not modify the Products, the Headset, the Software or the NML Algorithms in any manner or form, except as provided in the User Guide. You shall not (and shall not allow any third party to) create derivative works of the Headset, the Software or the NML Algorithms or any part thereof, however if the licensee creates, or aids in the creation of a derivative work or transformative work, said resulting derivative work or transformative work shall be the property of the licensor, and the licensor shall grant to the licensee a licensee to said derivative work or transformative work under the same terms of this License Agreement.

You shall not use the Headset or Software for any illegal use, or use as components in life support or safety devices or systems, or military or nuclear applications, or for any other application in which the failure of the Headset, Software could create a situation where personal injury or death may occur.

Except as expressly provided in this Agreement, all rights to the Company’s intellectual property are specifically reserved, and in no event shall You acquire any other rights or licenses, implied or otherwise, by virtue of this Agreement. Without restricting the previous sentence, nothing herein shall be construed as a right or license to make, have made, use, sell, offer to sell, import, lease or distribute any products or technology related to the Products, the Headset, the Software or the NML Algorithms, or to use any name, identifier, trademark, trade name, service mark or other designation of the Company.

The Products, the NML Algorithms, Headset, Software, and Guide and any accompanying or related documentation, including technical data, delivered as related to this Agreement are commercial within the meaning of Federal Acquisition Regulation (“FAR”) 2.101 and any supplement thereto. Each item mentioned in this paragraph was fully developed at private expense. If the user or licensee of the commercial items mentioned herein is an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure, or transfer of such item (“use”), or any related documentation of any kind, including technical data, is restricted by the terms and conditions of this Agreement.Further, Software and NML Algorithms, or any other software delivered as related to this Agreement are considered commercial computer software and as such, in accordance with FAR 12.212 and Defense Federal Acquisition Regulation 227.7202, use is further restricted in accordance with the terms that govern the license of these software products made commercially available other than through this Agreement, if different from this Agreement. No rights are conferred other than as mentioned herein. All other use is prohibited. The terms and conditions of this paragraph shall accompany and apply to any sale or transfer of any item mentioned herein by Licensee to the Government.

2. Term; Termination

Either party may terminate this Agreement if the other party breaches any material term or condition of this Agreement and fails to cure such breach within ten (10) days after receipt of written notice of the same.

In addition to its rights under Section 2.1 above, the Company may terminate this Agreement immediately upon written notice in the event of a breach by You of Section 1.

Either party may terminate this Agreement upon written notice to the other party if such other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, or liquidation for the benefit of creditors.

Upon termination of this Agreement, the licenses granted hereunder will also terminate, and You shall promptly make arrangements to return the Headset and Software in good condition (excluding normal wear and tear) to the Company at Your own expense, but in any event return the Headset and Software within five (5) business days after termination. The Company may, in its sole discretion, arrange for pick up of the Headset and Software, and You shall reasonably cooperate with the Company regarding such pick up, including providing access to Your premises. All shipment fees, duties and insurance associated with return or pickup of the Headset and Software shall be Your responsibility. All obligations of each party to the other shall cease except that the provisions set forth in Sections 1.4, 1.5, 1.6, 2.4, 3, 5, 6 and 7 shall continue.

3. Relationship of the Parties

Neither party shall be deemed to be an agent of the other party. Except as provided in this Agreement, Neither party shall have any right or authority to assume any obligations, or to make any representations or warranties, whether express or implied, on behalf of the other party, or to bind the other party in any matter whatsoever.

4. Representations and Warranties

The Company represents and warrants that:

  • -it has the full corporate right, power and authority to enter into this Agreement;
  • -the performance by the Company of its obligations and duties hereunder do not and will not violate any agreement to which it is a party or by which it is bound; and
  • -subject to Your agreement to the terms and conditions of this Agreement and the truth and accuracy of Your representations and warranties, this Agreement will constitute the legal, valid and binding obligation of the Company, in accordance with its terms.

You represent and warrant that;

  • – You have the full right, power and authority to enter into this Agreement;
  • – if You are an entity, the person agreeing to the terms and conditions of this Agreement has the power to bind You;
  • – the execution of this Agreement by and the performance of its obligations and duties hereunder do not and will not violate any agreement to which You are a party or by which You are bound;
  • – for purchase from the NML on-line stores the contact, payment and shipment information You have provided is accurate, and You will promptly provide the Company with any changes thereto, as applicable; and
  • – when agreed to, this Agreement will constitute Your legal, valid and binding obligation, in accordance with its terms.
5. Limitation of Liability; Warranty

You are solely responsible for Your use of the Headset, Software and Documentation and any consequences arising therefrom.

The Company’s maximum aggregate liability with respect to this Agreement whether under theory of contract, tort (including negligence), strict liability or otherwise shall be limited to the amount of the fee You paid for the license.

If you have licensed the Versus Suite directly through an official NML on-line stores, you may return the Headset that was licensed to You in connection with the Versus Suite for any reason, within twenty-one (21) days of the shipment date for such Headset, as indicated on the records of the Company. To return such Headset pursuant to this Section 5.3 You must:

  • -You must complete the RMA form set forth at www.support.getversus.com in a full and complete manner;
  • -fully cooperate with any questions or communications directed or sent to you by a NML representative; (c) obtain a valid RMA approval;
  • -return the Headset, Software, Guide and all materials associated with such Headset in the original packaging, when possible, and in their original condition; and
  • -pay a reconditioning and restocking fee, as set forth in the RMA approval. You must ship the Headset and Software in accordance with the instructions contained within the RMA approval, and You are responsible for shipping fees, customs, duties, taxes and insurance associated with such return. After the return has been processed, and confirmation made that all of the requirements set forth in this Section 5.3 have been met, a refund will be processed, either, in the Company’s sole discretion, by means of a charge-back to the credit card or PayPal account You provided for the license, or by a check in Your name.

Versus Suites purchased through merchants other than the NML on-line store are covered by the merchant’s return policy and are excluded from the provisions detailed in 5.3.

If you have licensed the Versus Suite directly through an official NML on-line stores, NML warrants that:

  • -the Headset that was licensed to You in connection with the Versus Suite will be free from defects in workmanship for a period of ninety (90) days from the shipment date for such Headset, as indicated on the records of the Company; and
  • -the Module contained within such Headset will be free from defects in workmanship for a period of three hundred sixty-five (365) days from the shipment date for such Headset, as indicated on the records of the Company. Versus Suites purchased through merchants other than NML’s on-line stores are covered by the merchant’s warranty and are excluded from the provisions detailed in 5.4.

To make a warranty claim pursuant to Section 5.4 You must:

  • -You must complete the RMA form set forth at www.support.getversus.com in a full and complete manner;
  • -fully cooperate with any questions or communications directed or sent to you by a NML representative;
  • -obtain a valid RMA approval; and
  • -return the Headset, Software, Guide, Documentation and all materials associated with such Headset in the original packaging, when possible, and in their original condition. You must ship the foregoing in accordance with the instructions contained within the RMA approval, and You are responsible for shipping fees, customs, duties, taxes and insurance associated with such return. After the return has been processed, confirmation made that all of the requirements set forth in this Section 5.5 have been met, and that the Headset or the Module is defective, then the Company, in its sole discretion, may either:
    • -repair the defective Headset or Module; or
    • -replace the defective Headset or Module with a new or refurbished unit. If the Headset, Software, Guide, Documentation and all materials associated with such Headset are not in their original condition, you may be charged a restoration and restocking fee, depending upon the condition of the return, which must be paid prior to You receiving the repaired or replacement unit. The warranty coverage set forth in Section 5.4 does not cover components that have failed due to normal wear and tear, by abuse or improper use of the Headset or the components therein, or other exclusions as determined by the Company in good faith through its RMA process.

If you obtained the Versus Suite, or any portion thereof, other than directly through an official NML on-line store, NML is under no warranty or return obligation under this Section 5. You must obtain warranty and return coverage from the entity from which you obtained the Versus Suite, or any portion thereof.

YOUR use of the Headset, the software, the documentation, the products guide, and the NML algorithms is “as-is,” and EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION 5, THE COMPANY DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

In no event shall the company be liable for any special, incidental or consequential damages, including but not limited to loss of profits or income, whether or not the company had knowledge, that such damages might be incurred.

6. Indemnification

You shall indemnify, defend and hold harmless the Company, its directors, officers, employees, and affiliates (collectively, the “Company Indemnified Entities”) from and against any and all claims, actions, demands, suits, liabilities or obligations (including attorney’s fees and costs) brought against any of the Company Indemnified Entities arising from or alleging: (a) use of the Headset, the Software, the Products or the NML Algorithms by You; irrespective of whether such use was proper and legal; and (b) any breach of the terms and conditions of this Agreement or the terms of use of the NML Website.

7. Miscellaneous Provisions

All notices and other communications hereunder shall be in writing. Notices shall be made first to You at the email address on file with the Company pursuant to your registration of the Versus Suite, and to the Company at support@getversus.com, and shall be deemed delivered upon delivery to such email address, unless the party sending notice is unable to deliver to such email address two (2) consecutive times, in which notice must be made to the physical address provided by pursuant to your registration of the Versus Suite, or to the Company at the address listed on this website, which shall be deemed delivered with proof of delivery to such postal address.

In the event that any provision of this Agreement or the application thereof, becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of this Agreement will continue in full force and effect and the application of such provision to other persons or circumstances will be interpreted so as reasonably to effect the intent of the parties hereto. The parties further agree to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision.

The parties agree that any and all disputes or controversies of any nature between them arising at any time shall be determined by binding arbitration in accordance with the Commercial Arbitration Rules of the AAA before a single neutral arbitrator (“Arbitrator”) in the State of California, county of San Francisco. The Arbitrator shall be mutually agreed upon by the parties; if the parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by the AAA. The Arbitrator shall determine how all expenses relating to the arbitration shall be paid, including without limitation, the respective expenses of each party, the fees of the arbitrator and the administrative fee of the American Arbitration Association. Any final outcome of such arbitration shall be final and binding as to all matters of substance and procedure, and may be enforced by a petition to any court of competent jurisdiction located in the State of California, which may be made ex parte, for confirmation and enforcement of the award. In addition, either party may seek equitable, non-monetary relief at any time in any court of competent jurisdiction located in the State of California without thereby waiving its right to arbitration of any dispute or controversy. All proceedings shall, to the extent permitted by law, be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.

This Agreement and the terms and conditions and documents and instruments and other agreements among the parties hereto referenced herein:

  • -constitute the entire agreement among the parties with respect to the subject matter hereof and supersede all prior agreements and understandings both written and oral, among the parties with respect to the subject matter hereof; and
  • -are not intended to confer upon any other person any rights or remedies hereunder. Any translations of this Agreement into other languages are provided for convenience only, and shall not affect the foregoing.
  •  

This Agreement shall be governed by and construed in accordance with the laws of the United States of America, and of the State of California, regardless of the laws that might otherwise govern under applicable principles of conflicts of laws thereof. Subject to Section 7.3, each of the parties hereto irrevocably consents to the exclusive jurisdiction and venue of any court within the State of California, in connection with any matter based upon or arising out of this Agreement or the matters contemplated herein, agrees that process may be served upon them in any manner authorized by the laws of the State of California for such persons and waives and covenants not to assert or plead any objection which they might otherwise have to such jurisdiction, venue and such process. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement, and the parties disclaim application of the Uniform Computer Information Transactions Act to the maximum extent permissible.

In any action, proceeding or arbitration to enforce or construe this Agreement, in addition to any other remedies, the Company, if the prevailing party, shall be entitled to recover its reasonable costs and expenses, including attorney’s, consultant’s and expert’s fees and costs, and You, if the prevailing party, shall be entitled to recover its reasonable costs and expenses, including attorney’s, consultant’s and expert’s fees and costs.

Neither party may assign its rights or obligations under this Agreement either in whole or in part without the prior written consent of the other party; provided, that such consent shall not be required if the Company assigns its rights and obligations to an assignee that acquires all or substantially all of such party’s stock or assets. Any attempted assignment in violation of the foregoing shall be void. The rights and obligations of the parties shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives, successors and permitted assigns.

Neither party shall be liable under this Agreement for delays, failures to perform, damages, losses or destruction, or malfunction of equipment, or any consequence thereof, caused or occasioned by, or due to fire, earthquake, flood, water, the elements, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, perils of the air, public enemies, war, riots, strikes, weather conditions, mechanical delay or failure of truck, aircraft or other equipment, governmental actions, shortages of equipment or supplies, acts or omissions of third parties, failure of the Internet or any other cause beyond its reasonable control.

Return Policy

Games and software downloads ordered on getversus.com or through the app store are not returnable. For troubleshooting tips, please check our Knowledge Base, which is accessible from our support link located at the top of the store page.

If you have placed an order and need help with next steps, please contact us using our Customer Support page.

If you have purchased a Versus Headset and licensed the Versus Software directly through an official NML on-line stores, you may return the Headset and software that was licensed to you for any reason, within twenty-one (21) days of the shipment date for such Headset, as indicated on the records of the Company. To return such Headset you must:

  • -complete the Returned Merchandise Authorization form (“RMA form”) set forth at www.support.getversus.com in a full and complete manner;
  • -fully cooperate with any questions or communications directed or sent to you by a NML representative;
  • -obtain a valid RMA approval;
  • -return the Headset, Software, Guide and all materials associated with such Headset in the original packaging, when available, and in their original condition;
  • -pay a reconditioning and restocking fee, as set forth in the RMA approval; and
  • – ship the Hardware and Software in accordance with the instructions contained within the RMA approval, and you are responsible for shipping fees, customs, duties, taxes and insurance associated with such return.

After the return has been processed, and confirmation made that all of the requirements set forth in this Section 1 have been met, a refund will be processed, either, in the Company’s sole discretion, by means of a charge-back to the credit card or PayPal account you provided for the license, or by a check in your name.

Versus Headsets and Software purchased through merchants other than the NML on-line store are covered by the merchant’s return policy and are excluded from the provisions detailed in this Section 1.

If you have purchased a Versus Headset and licensed the Versus Software directly through an official NML on-line stores, NML warrants that:

  • -the Versus Headset purchased by you, and the Versus Software that was licensed to you in connection with Headset will be free from defects in workmanship for a period of ninety (90) days from the shipment date for such Headset, as indicated on the records of the Company; and
  • -the Sensor Modules contained within such Headset will be free from defects in workmanship for a period of three hundred sixty-five (365) days from the shipment date for such Headset, as indicated on the records of the Company.

Versus Headset and the Versus Software purchased through merchants other than NML’s on-line stores are covered by the merchant’s warranty and are excluded from the provisions detailed in this Section 2.

To make a warranty claim pursuant to Section 2, you must:

  • -complete the RMA form set forth at www.support.getversus.com in a full and complete manner;
  • -fully cooperate with any questions or communications directed or sent to you by a NML representative;
  • -obtain a valid RMA approval; and
  • -return the Headset, Software, Guide, Documentation and all materials associated with such Headset in the original packaging, when possible, and in their original condition. You must ship the foregoing in accordance with the instructions contained within the RMA approval, and you are responsible for shipping fees, customs, duties, taxes and insurance associated with such return.

After the return has been processed, confirmation made that all of the requirements set forth in this Section 3 have been met, and that the Headset or the Module is defective, then the Company, in its sole discretion, may either:

  • -repair the defective Headset or Module; or
  • -replace the defective Headset or Module with a new or refurbished unit.

If the Headset, Software, Guide, Documentation and all materials associated with such Headset are not in their original condition, you may be charged a restoration fee, depending upon the condition of the return, which must be paid prior to you receiving the repaired or replacement unit. The warranty coverage set forth in this Section 3 does not cover components that have failed due to normal wear and tear, by abuse or improper use, or your miss-packaging of the Headset or the components therein, or other exclusions as determined by the Company in good faith through its RMA process.

 
Warranty Agreement

NEURO MANAGEMENT LLC (“NML”)

NEURO MANAGEMENT LLC (“NML”) VERSUS HEADSET AND VERSUS SOFTWARE WARRANTY AGREEMENT, WHICH GOVERNS THE WARRANTY OF THE VERSUS SUITE, WHICH CONSISTS OF:

  • -THE NML VERSUS HEADSET (“HEADSET”);
  • -THE VERSUS SOFTWARE ASSOCIATED AND/OR PACKED-IN WITH THE HEADSET, AS APPLICABLE AND AS FURTHER DEFINED BELOW (“SOFTWARE”); AND
  • -GUIDE AND DOCUMENTATION FOR THE HEADSET AND SOFTWARE.

WARRANTY OF THE VERSUS SUITE BY NML, ITS SUBSIDIARIES AND/OR AFFILIATES (“ NML” OR THE “COMPANY”) TO YOU AS THE INDIVIDUAL OR LEGAL ENTITY THAT WILL BE USING THE VERSUS SUITE (“YOU” AND “YOUR”) IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF ALL OF THE TERMS OF THIS AGREEMENT WITHOUT MODIFICATION. THIS IS A LEGAL, BINDING AND ENFORCEABLE CONTRACT BETWEEN NML AND YOU. REGISTRATION OF THE VERSUS SUITE ACTIVATES THIS WARRANTY.

ALL VERSUS SOFTWARE IS PROVIDED “AS-IS,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY. THIRD PARTY SOFTWARE IS THE RESPONSIBILITY OF THE DEVELOPER.

You are solely responsible for Your use of the Hardware, Software and Documentation of the Versus Suite and any consequences arising therefrom.

The Company’s maximum aggregate liability with respect to this Agreement whether under theory of contract, tort (including negligence), strict liability or otherwise shall be limited to the amount of the fee You paid for the Versus Suite.

If you have procured the Versus Suite directly through an official NML on-line stores, you may return the Headset that was provided to You in connection with the Versus Suite for any reason, within twenty-one (21) days of the shipment date for such Headset, as indicated on the records of the Company. To return such Headset pursuant to this Section 3, You must:

  • -complete the RMA form set forth at www.support.getversus.com in a full and complete manner;
  • -fully cooperate with any questions or communications directed or sent to you by a NML representative;
  • -obtain a valid RMA approval;
  • -return the Hardware, Software, Guide and all materials associated with such Headset in the original packaging, when practicable, and in their original condition; and
  • -pay a restocking fee, as set forth in the RMA approval. You must ship the Hardware and Software in accordance with the instructions contained within the RMA approval, and You are responsible for shipping fees, customs, duties, taxes and insurance associated with such return. After the return has been processed, and confirmation made that all of the requirements set forth in this Section 3 have been met, a refund will be processed, either, in the Company’s sole discretion, by means of a charge-back to the credit card or PayPal account You provided for the procurement, or by a check in Your name. If determined by the Company, in good faith through its RMA process, that the Headset is not in its original condition, a restoration fee shall be deducted from your refund.

Versus Suites purchased through merchants other than the NML on-line store are covered by the merchant’s return policy and are excluded from the provisions detailed in 3.

If you have procured the Versus Suite directly through an official NML on-line store, NML warrants that:

  • -the Headset that was provided to You in connection with the Versus Suite will be free from defects in workmanship for a period of ninety (90) days from the shipment date for such Headset, as indicated on the records of the Company; and
  • -the Module contained within such Headset will be free from defects in workmanship for a period of three hundred sixty-five (365) days from the shipment date for such Headset, as indicated on the records of the Company.

Versus Suites purchased through merchants other than NML’s on-line stores are covered by the merchant’s warranty and are excluded from the provisions detailed in 4.

To make a warranty claim pursuant to Section 4, You must:

  • -complete the RMA form set forth at www.support.getversus.com in a full and complete manner;
  • -fully cooperate with any questions or communications directed or sent to you by a NML representative;
  • -obtain a valid RMA approval; and
  • -return the Hardware, Software, Guide, Documentation and all materials associated with such Headset in the original packaging, when practicable, and in their original condition. You must ship the foregoing in accordance with the instructions contained within the RMA approval, and You are responsible for shipping fees, customs, duties, taxes and insurance associated with such return. After the return has been processed, confirmation made that all of the requirements set forth in this Section 5 have been met, and that the Headset or the Module is defective, then the Company, in its sole discretion, may either:
    • -repair the defective Headset or Module; or
    • -replace the defective Headset or Module with a new or refurbished unit. If the Hardware, Software, Guide, Documentation and all materials associated with such Headset are not returned in the original packaging and/or are not in their original condition, you may be charged a restoration and/or restocking fee, depending upon the condition of the return, which must be paid prior to You receiving the repaired or replacement unit. The warranty coverage set forth in Section 4 does not cover components that have failed due to normal wear and tear, by abuse or improper use of the Hardware or the components therein, or other exclusions as determined by the Company in good faith through its RMA process.

If you obtained the Versus Suite other than directly through an official Neuro Management on-line store, NML is under no warranty or return obligation under this Section 5. You must obtain warranty and return coverage from the entity from which you obtained the Versus Suite.

Your use of the Versus Suite and the Neuro Management LLC algorithms is “as-is,” and EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION 4, THE COMPANY DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

In no event shall the company be liable for any special, incidental or consequential damages, including but not limited to loss of profits or income, whether or not the company had knowledge, that such damages might be incurred.

 
Disclaimer

The Versus system is not regulated by the FDA as a medical device. It is intended to promote and encourage healthy lifestyle choices; it is NOT intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease. This product is not a substitute for medical advice and care. If you have any questions or concerns about a medical condition, you are encouraged to consult your physician or other qualified health care provider for specific advice.

 
Photo Credits
The image of Carlos Quentin is used with permission from Jonathan Lurie, under the Creative Commons license. The image has been altered from it’s original condition; you may view the image in it’s original form here.
Terms of Use
1. Terms

By accessing this web site, you are agreeing to be bound by these support web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.

2. Use Licenses

Permission is granted by the manufacturer of Versus, Neuro Management LLC (NML), to temporarily download one copy of the materials (information or software) on Versus’ web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • – modify or copy the materials;
  • – use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • – attempt to decompile or reverse engineer any software contained on Versus’s web site;
  • – remove any copyright or other proprietary notations from the materials; or
  • – transfer the materials to another person or “mirror” the materials on any other server.
3. Disclaimer

The materials on Versus’ web site are provided “as is”. NML makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, NML does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall NML or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Versus’ Internet site, even if NML or a NML authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Versus’ web site could include technical, typographical, or photographic errors. NML does not warrant that any of the materials on its web site are accurate, complete, or current. NML may make changes to the materials contained on its web site at any time without notice. NML does not, however, make any commitment to update the materials.

6. Links

Versus has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Versus of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

Versus may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Versus’ web site shall be governed by the laws of the State of California without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.

Date Last Updated: May 25, 2018

Privacy Policy 

Neuro Management LLC (“We” “Us” or “NML”) cares about your privacy and those of others.

1. What the Privacy Policy Covers

This policy covers how NML treats personal information that NML collects and receives, including through the www.getversus.com website (the “Site”). As the NML site is only to be accessed by persons 18 years or older, we do not intend to collect any personal information from children under 13. Personal information is information about you that is personally identifiable, including your name, email address, billing address, phone number, credit card information, birth date, and other information, that is not otherwise publicly available, as defined in 42 USCS § 13925 (20). This policy does not apply to the practices of companies that NML does not own or control, or to people that NML does not employ or manage.

2. Why We Collect Personal Information

Neuro Management LLC collects your personal information because it helps us deliver a superior level of customer service. It enables us to give you convenient access to our products and services, focus on categories of greatest interest to you, process your orders, and detect and address technical issues and fraud. In addition, your personal information helps us keep you posted, at your request, on the latest product announcements, software updates, special offers, and events that you might like to hear about. Our emails to you should always contain an unsubscribe option.

3. Information Collection and Use

NML may ask for your personal information when you’re purchasing a product, registering a product, participating in a forum, discussing service issues, downloading a software update, registering for an event or participating in an online survey.

  • i. Personal Information
  • In such cases, we may collect personal information relevant to the situation, such as your name, mailing address, phone number, email address, and contact information; your credit card information and information about the products you own; and information relating to a support or service issue.
  • ii. Site Usage Information
  • NML gathers certain generic information with respect to your use of the Site, such as the frequency with which you visit the Site, the applications and the services you use, and the areas on the web site that you favor. We only use this type of data in aggregate – that is, we look at the data on a collective basis, in summary form, rather than on an individual basis. This data helps us determine the extent to which our customers use certain parts of our web site which, in turn, enables us to make it as appealing as possible.
  • We may also provide statistical information about how our customers collectively use our web site to partners, advertisers, sponsors, and other companies with which we do business, but, in no instances, shall your personal information be disclosed. We do this so they, too, can understand how often people use their areas of the site in order for them to provide you with the best possible experience. This statistical information does not contain any personally identifiable information about you or any of our users. We may use also personal information to provide products that you have requested as well as for auditing, research, and analysis to improve our products.
  • iii. Cookies
  • NML may set and access cookies on your computer. A cookie is a small text file containing a unique identification number that is transferred from a Web site to the hard drive of your computer so that the site administrator may identify your computer and passively track its activities on the website. This unique number identifies your web browser to our computer system. A cookie will not allow a website to learn any personally identifiable information (such as your real name and address) that you have not otherwise disclosed. Cookies allow us to automatically remember your web browser when you visit our site or Service.
  • The use of cookies is an industry standard, and they are currently used on most major Web sites. It is possible to adjust your Web browser preferences to alert you when a cookie is sent to your hard drive, or to refuse cookies altogether. While we do not require you to use cookies, we request that you keep in mind that certain sites and services may not function properly if you set your browser to refuse all cookies.
4. ‘Do Not Track’ Signals

Your web browser may allow you to configure the ‘Do Not Track’ feature, which indicates to the website that you do not want your activity on that site to be tracked. We do not support ‘Do Not Track’ signals at this time.

5. Retention

We may retain your personal information for as long as it is needed to fulfill the purpose for which it was collected, including complying with or enforcing legal agreements. We may also retain your Usage Data as needed for analysis to improve our existing services and features. 

6. Your Rights Under the General Data Protection Regulation (GDPR)

As a resident of the European Economic Area (EEA), you may be entitled to the data protection rights listed below. If you would like to exercise any of these rights, please contact us.

  • i. Access
  • The right to know which personal data we have collected from you and to access it.
  • ii. Correction
  • The right to update your personal information. You can directly correct your personal information, including your first and last name, email address, and date of birth, via your Versus Dashboard, accessible at app.getversus.com. To correct any other personal information, contact us.
  • iii. Erasure
  • The right to request deletion of your personal information.
  • iv. Restriction
  • The right to request that processing of your personal information be restricted. If you would like your personal information (first and last name, Performance Protocol, avatar, and NeuroPoints) removed from the Leaderboard and Compare sections of the app, you may opt-out of the Leaderboard in the Account & Settings menu of the app. To restrict the processing of any other personal information, contact us.
  • v. Objection
  • The right to object to our processing your personal information.
  • vi. Transfer
  • The right to request that a machine-readable copy of your personal information be transferred to you or a chosen third party.
  • vii. Removal of Consent
  • The right to withdraw your consent to the processing of personal information where we were dependent on your consent to process it.
  • vi. Complaint
  • The right to complain about how we collect, process, or use your personal information. To submit a complaint, contact your local Data Protection Regulator.
7. Processing of Data Under the General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), NML may process your data for one or more of the following reasons: (1) To create or fulfill contractual obligations to you, (2) to protect our legitimate interests when they are not overridden by your rights, (3) to comply with your requests, upon your consent, or (4) to comply with the law.

8. Disclosure Exceptions

Any information given to us shall be stored and managed with our best possible care, and will not be used in any ways to which you have not consented. We will not sell, rent or exchange such personality identifiable information to any other organization or entities, unless the user is first notified and expressly agreed to.

Notwithstanding the above, we may indeed disclose personal information if required to do so in response to legal process, such as a court order or subpoena, or when such disclosure is made for establishment or exercise of legal rights or in defending against legal claim or as otherwise required by law, including pursuant to 18 USC Section 2257. And, as we mention above, we may share with aggregated statistical information about the use of NML, its services and other future services.

9. Minors

If a parent believes that his or her minor child has submitted personal information to us, he or she can contact us via e-mail or postal mail as listed below. We believe that parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from otherwise disclosing online their name, address and other personal information without parental permission.

10. Third Party Sites

Links on this website to other websites are provided as a convenience to you. Such linked sites are outside our control and responsibility and are not covered by this policy. If you use any such linked sites, you should consult the privacy policies posted on those websites. We are currently using companies to provide payment and other fulfillment services. As of the date of this privacy policy, these companies are: Stripe, WooCommerce, WordPress, MailChimp, and MixedPanel.

We may also use companies to serve advertisements on some of our pages. These companies and advertisers may place and access their cookies on your computer. Other companies’ use of their cookies is subject to their own privacy policies, not ours. We may use your information or allow companies access to your information to determine which advertisements you will see and what communications you will receive. This information may include your demographic information, geographic location, what content you access on our site, how you rate such content, language contained in your comments and other information.

Our site contains links to other Websites. We are not responsible for the privacy practices or the content of such Websites. Our site may also link to Websites that feature our trademarks and names along with trademarks and names of other companies. You should look at the privacy policy on that co-branded Website, as the co-branded Website may not be under our control.

Applications you use or download from our site may contain third party digital rights management systems (“DRMS”) which may allow for communication between your software and the third party and utilize security features (e.g., preventing distribution of or access to the applications in the event of unauthorized use). These DRMS are subject to their own license agreements and you agree that we shall not be responsible for any loss or damage of any sort relating to the use of the DRMS or your dealings with such third parties.

The applications may also contain DRMS produced by us which allow for communication between the applications you use or download and our systems and which collect information describing your computer system in order to prevent illegal or unauthorized use of the applications.

For reasons such as improving member experience and providing customized communications to our users, we may receive information about you from third party sources and our web logs and add it to the information that we have received from you. Web logs automatically record anything a web server sees, which may include e-mail addresses you enter into a form or pages viewed by a user at a particular IP address.

11. Information Sharing

We will not share your personally identifiable information with third parties, aside from entities that perform services for us, such as fulfilling orders or processing payment, that either are bound to comply with our privacy policy or have privacy policies that protect your information unless you have “opted-in” to such sharing. If you have previously opted-in to such sharing under a prior privacy policy version, you are still considered to have opted-in under this privacy policy.

As stated, and whether or not you have opted-in, we may use third parties to accept and process orders and payments for merchandise and products, including software, and such third parties may get access to your personal information for the purposes of providing services or products to you on our behalf. In addition, if you opt-out, we may share that information with third parties who send e-mails on our behalf so that they do not e-mail you.

However, we may disclose information you provide if required to do so by law or if we have a good faith belief that disclosure is necessary to (1) comply with the law or with legal process served on us; (2) protect and defend our rights or property; or (3) act in an emergency to protect someone’s safety.

We may request demographic information from you (for example, your age, education level or household income) from time to time. We will not share that information in a manner that identifies you as an individual with any other entity, unless we let you know that at the time of collection or we have your permission. When we share demographic information with third parties, we will give them aggregate information only.

12. Transfer of Personal Data Under the General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), we may transfer your data as per the following policy. Personal information may be transferred and stored in a location other than your state, country, or governmental jurisdiction. It may also be processed by company staff working outside the EEA. By submitting your personal information to us, you are agreeing to this transfer of data.

We take reasonable steps to ensure that your personal information remains secure and is processed as per the regulations of this Privacy Policy. We take all reasonable measures to ensure that your data is not transferred to or processed in a country that does not have adequate controls in place to secure your data.

13. Sale of Assets

In the event that NML is ever sold, acquired, merged, liquidated, reorganized, or otherwise transferred, we reserve the right to transfer our user databases together with any personally identifiable information contained therein, to a third-party acquiring NML’s assets. In the event we do so, we will place a prominent notice of the sale on the homepage of our site, with links to information as to how you can change your privacy preferences.

14. Changes to this Privacy Policy

We may change our privacy policy from time to time by updating the posting, provided however that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone.

15. Contact Information

If you have questions or concerns regarding this Privacy Policy, you should contact us. References to NML in this Privacy Policy refer to Neuro Management LLC, a Delaware corporation, and its affiliates.

Date Last Updated: May 25, 2019.

Terms of Sale

This is a legal agreement between you (meaning you as an individual if acting on your own behalf, or the company that you represent if you are acting on behalf of such company) and Neuro Management LLC. and/or its affiliates (“NML or GetVersus”) with an office at 15333 N Pima Rd, Suite 305, Scottsdale, AZ 85260. By placing an order or making a purchase of the Versus Headset, Versus Software, Guide and accessories included in the packaging (“Versus Suite”) from the GetVersus websites (the “Site”), you agree to these terms of sale set out below, Neuro Management LLC’s Privacy Policy and any website terms of use (collectively “Terms”). These Terms may be updated by Neuro Management LLC from time-to-time, and it is your responsibility to review these Terms each time you make a purchase from the Site.

BY CLICKING ON THE BUTTON TO SUBMIT AN ORDER, OR BY OTHERWISE CONTINUING WITH THE PURCHASE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT UNDERSTAND OR AGREE, YOU MUST NOT CLICK THE BUTTON TO SUBMIT AN ORDER.

1. English Only

THE SOFTWARE, USER INFORMATION, USER INTERFACE, SUPPORT, COMMUNICATION AND AGREEMENTS, ARE ONLY PROVIDED IN ENGLISH. DO NOT USE THE VERSUS SUITE OR OTHER NML PRODUCTS UNLESS YOU CAN FLUENTLY READ AND UNDERSTAND ENGLISH.

2. Ordering
  • i. Application
  • These Terms will apply to all orders for the Versus Suite placed by you through the Site, or as otherwise referenced in a written agreement between you and NML. You acknowledge that the information contained on the Site may contain technical inaccuracies or typographical errors. The Site, all content available on the Site, and all related communications are provided on an “AS IS” basis. We make no representations or warranties as to the completeness, accuracy, adequacy or reliability of any information contained on the Site.
  • ii. Requirements
  • To place an order, you must:
    • -provide up-to-date, complete and accurate registration information as requested by us on the Site, which may include your first and last name, institution name, mailing address, phone number and email address;
    • -provide up-to-date, complete and accurate credit card information for a credit card that is valid and legally registered to you; and
    • -be at all times in compliance with the terms and conditions of these Terms and applicable law, including the requirement to be 18 years of age or older.
  • iii. Accuracy
  • You specifically agree that NML may rely on the accuracy of the information provided by you to NML, and that NML will have no liability whatsoever, whether to you or to any third party, for any claims or damages resulting from inaccurate information provided to NML.
  • iv. End User Sales Only
  • All products available through the Site are intended for end-user customers only. You may not purchase NML for resale, and we reserve the right to refuse or cancel your order, or to deny you any return rights, if we suspect you are doing so.
3. Delivery and Shipping
  • i. Acceptance Required
  • All orders are subject to acceptance by NML, and any rejection of an order will be made in NML’s sole discretion, regardless of whether the order was confirmed through the Site. If you have been charged for an order that is subsequently rejected by NML, NML will refund the amount of that order to your credit card.
  • ii. Delivery Requirements
  • NML will make reasonable efforts to accommodate your delivery requirements; however, delivery is subject to availability of resources at the time of order placement. NML will therefore not be liable in any way for any delay or damage arising from NML’s failure to meet your delivery requirements or any delivery dates.
  • iii. Shipping Terms
  • All shipments will be made FCA NML’s facilities in the state of California and/or Arizona (Incoterms 2010). Risk of loss for products will pass to you upon delivery to the carrier, and you are responsible for pursuing the carrier for any loss occurring in transit.
  • iv. Check Order
  • You are responsible for examining all shipments promptly upon receipt. If you discover any shortages or incorrect products in the shipment, you must notify NML immediately. Please check the order carefully, as no claim for shortages or deficiencies will be accepted by NML after five (5) days from delivery of the products.
4. Pricing and Payment
  • i. Currency
  • All prices are in US dollars unless otherwise expressly stated in writing. Where you are making payment in a currency other than US dollars, the currency exchange rate that applies is the one in effect at the time your payment is processed, not the one that was in effect on the date that you placed your order. NML reserves the right to change its standard prices without notice.
  • ii. Prices
  • Prices are exclusive of, and you will pay:

-all applicable federal, state, provincial and local taxes (including all applicable sales, use, consumption, goods and service, value added, and withholding taxes), unless you have provided NML with an appropriate tax exemption certificate or number, and

-all fees and charges related to customs, duties and brokerage. As required by applicable law NML may charge sales tax for sales through the Site. Any sales tax charged will be indicated during the checkout process.

  • iii. Importer of Record
  • For procurement of the Versus Suite outside the United States of America, you are the importer of record in the destination country, you are responsible for:

-paying for all import fees such as import duties and customs taxes; and

-ensuring that NML can be lawfully imported, and to comply with all laws and regulations of the destination country. With respect to each item for which import fees have been calculated, you authorize us to designate a carrier (“Designated Carrier”) to act as your agent with the relevant customs and tax authorities in the destination country, to clear your merchandise, and, if applicable, process and remit your actual import fees for such item. Your order may include an estimate (“Import Fees Estimate”) of some or all of the import fees that will be levied on the items in your order for shipment. By placing your order, you agree to allow us to collect the Import Fees Estimate for the applicable items in your order. This amount will be used, on your behalf, to reimburse the Designated Carriers for the import fees that they have paid on your behalf to the appropriate authorities of the destination country. The Import Fees Estimate may or may not include customs duties. If they do not include customs duties, you will be responsible for making arrangements with the customs authorities for payment of duties. The Import Fees Estimate may be more or less than the final actual amount of import fees due and payable. We have no control over the import fees and cannot always predict with 100% accuracy what the final actual amounts may be. For greater certainty, you should contact your local customs office for further information on the import taxes and customs duties that may be applicable to your purchase. You agree and acknowledge that:

-the actual import fees may be more or less than the Import Fees Estimate: and

– you will NOT receive any refund in the case that the actual import fees differ from the Import Fees Estimate.

  • iv. Credit Card
  • Where your credit card is rejected for any reason, you will be responsible for any fees and charges associated with such rejection, as well as interest on the amount owing. Interest will be the lesser of 1.5% per month or the maximum rate permitted by law, commencing on the date that your credit card was rejected. NML may, in its sole discretion, delay shipment of, or cancel, your NML order where your credit card is rejected.
5. Final Sale

Except as provided for in this section 5, and to the extent prohibited by law, all sales are final and you have no right to return the NML unless: (a) there is a defect that is covered under the warranty set out in Section 8, and (b) you have complied with the return procedures set out in Section 8 of this Agreement. If you have purchased a Versus Headset and licensed the Versus Software directly through an official NML on-line stores, you may return the Headset and software that was licensed to you for any reason, within twenty-one (21) days of the shipment date for such Headset, as indicated on the records of the Company.

To return such Headset you must:

– complete the Returned Merchandise Authorization form (“RMA form”) set forth at www.support.getversus.com in a full and complete manner;

-fully cooperate with any questions or communications directed or sent to you by a NML representative;

– obtain a valid RMA approval;

-return the Headset, Software, Guide and all materials associated with such Headset in the original packaging, when available, and in their original condition;

-pay a reconditioning and restocking fee, as set forth in the RMA approval; and

-ship the Hardware and Software in accordance with the instructions contained within the RMA approval, and you are responsible for shipping fees, customs, duties, taxes and insurance associated with such return.

After the return has been processed, and confirmation made that all of the requirements set forth in this Section 1 have been met, a refund will be processed, either, in the Company’s sole discretion, by means of a charge-back to the credit card or PayPal account you provided for the license, or by a check in your name.

Versus Headsets and Software purchased through merchants other than the NML on-line store are covered by the merchant’s return policy and are excluded from the provisions detailed in this Section 5.

6. Title, Intellectual Property, Use Restrictions and License Grants
  • i. Title to Versus Headset
  • Title to any Versus Headset procured by you will pass to you upon your full payment for such Versus Headset in accordance with Section 4.
  • ii. Title to Software
  • Notwithstanding the foregoing, title to software will not pass to you, and you are hereby put on notice that your use of any NML software supplied to you is governed by and subject to the end user license agreement as may be provided to you with the software. Such license terms may be included as a file with the software that you download for use with the Versus Headset. Use of any third party software will be governed by and subject to your agreeing to the terms of all applicable third party agreements and licenses respecting such third party software.
  • iii. Intellectual Property Rights

    You do not acquire any intellectual property or other proprietary rights under these Terms, including without limitation any right, title or interest in and to patents, copyrights, trade-marks, industrial designs, confidential information, or trade secrets, whether registered or unregistered, relating to NML products, software or any part thereof. Your only rights to NML products, software, or any part thereof will be those rights expressly licensed or granted to you under these Terms or in a separate, or other written agreement between you and NML. Any rights not expressly granted under these Terms are reserved.

  • iv. Restrictions/Representations
  • Except to the extent expressly agreed upon in writing by you and NML, you will not (and will not allow any third party to):
    • -use NML and the associated software for any purpose other than as authorized under the end user license agreement for the software;
    • -remove or alter any copyright notice or any other notices that appear on NML or the associated software, or modify or create derivative works thereof;
    • -reverse engineer or attempt to discover any source code or underlying ideas or algorithms of NML or any associated software (except to the extent that applicable law prohibits reverse engineering restrictions);
    • -provide, lease, lend, sublicense, use for timesharing or otherwise use or allow the use of NML or the associated software for the benefit of any third party; or
    • -use NML or any associated software, or allow the use, transfer, transmission, export, or re-export of NML or any associated software or portion thereof in violation of any export control laws or regulations, or in violation of any laws or regulations. For the purposes of these Terms, “User Generated Content” means any text, feedback, ideas, suggestions, documents, proposals, photographs or other data and information you or anyone acting on your behalf submits through the online and mobile services made available by NML from time- to-time, including, but not limited to certain websites, widgets, computer programs and mobile applications hosted by or on behalf of NML (collectively, the “ NML Services”).You represent that your User Generated Content:
      1. -will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights, or rights of privacy;
      2. -will not violate any law, statute, ordinance or regulation;
      3. -will not be obscene or contain child pornography; and
      4. -will not be defamatory, unlawfully threatening or harassing, harmful to minors or others in any way, or otherwise offensive or inappropriate. You agree to indemnify, hold harmless and defend NML, its service providers and its licensors from and against any claims or suits, including attorneys’ fees and expenses, which arise or result from any breach of this Section by you or by another who has access to or use of the Versus Suite, NML Services, or User-Generated Content through you.
  • v. Personally Identifiable User Generated Data
  • For the purposes of these Terms, “Personally Identifiable User Generated Data”means User Generated Content that identities You. For example, NML considers your picture, name, address, phone number, email address, and EEG data (commonly known as brainwaves) as Personally Identifiable User Generated Data. For clarity, Personally Identifiable User Generated Data does not include anonymized or aggregated data.
  • You own your Personally Identifiable User Generated Data; we can’t use it without your consent. You grant to NML a revocable, non-exclusive, worldwide, royalty-free license, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use Personally Identifiable User Generated Data in any media now existing or developed in the future only so far as required to deliver NML Services and products. You waive any rights of publicity, moral or other similar such right with respect to Personally Identifiable User Generated Data while used in accordance with the preceding sentence.
  • vi. Non-Personally Identifiable User Generated Data
  • For the purposes of these Terms, “Non-Personally Identifiable User Generated Data”means all User Generated Content except for Personally Identifiable User Generated Data. You grant to NML a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit Non-Personally Identifiable User Generated Data in any media now existing or developed in the future. You waive any rights of publicity, moral or other similar such right with respect to the Non-Personally Identifiable User Generated Data that might require your permission for NML to use such Non-Personally identifiable User Generated Content.
  • vii. Third Party Equipment
  • You are responsible for the selection, implementation, and performance of any and all third party equipment used in connection with NML’s Versus Suite, and for compliance with any licenses, conditions, laws, rules and/or regulations respecting the use of NML’s Versus Suite and any equipment, services or software used in conjunction with NML’s Versus Suite.
  • viii. Compatibility
  • Before ordering NML’s Versus Suite, you should check https://shop.getversus.com to determine if NML’s Versus Suite is designed to work with your smartphone or tablet. NML assumes no responsibility with regard to the performance or use of your smart phone/tablet with GetVersus Suite.
  • ix. Permitted Age
  • NML Services, software and products should only be used by individuals aged 16 years or older (“Permitted Age”). If the user is of the Permitted Age or older but under the age of 18, the user should review these Terms with the user’s parent or guardian to make sure that the parent or guardian understands these Terms.
  • x. Informational Purposes Only
  • Content generated or found through NML Services or products is for informational purposes only and is not intended to replace the relationship between you and your physician or other health-care provider. NML is not a licensed medical or health-care care provider and has no expertise in diagnosing, examining, or treating medical conditions of any kind.
7. Changes
  • i. Design Functionality
  • NML reserves the right to make changes in the design and functionality of NML’s Versus Suite without the obligation to make equivalent changes to products that have previously been supplied to you.
  • ii. Orders
  • Except as expressly set forth in these Terms, you will not be entitled to change or cancel any order that has previously been accepted by NML without the prior written agreement of NML, unless NML is unable to fulfill said order.
  • iii. Software
  • NML includes embedded software (firmware). NML reserves the right, but has no obligation, to download updates to your NML’s Versus Suite, upon your Versus Headset being connected to a computer actively connected to the Internet, in order to maintain compatibility with Versus software associated with Your Versus Headset, such as the NML SDK.
8. Limited Warranties, Exclusions and Support by Neuro Management LLC
  • i. Statutory Protections
  • THE APPLICABLE LAWS OF SOME COUNTRIES MAY NOT ALLOW THE EXCLUSION OF IMPLIED GUARANTEES, ASSURANCES, CONDITIONS, WARRANTIES AND REPRESENTATIONS AND/OR THE LIMITATION OR EXCLUSION OF LIABILITY EITHER IN CONTRACTS OR IF YOU ARE A CONSUMER, AND AS SUCH, SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU, IN WHICH CASE THIS AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS.
  • ii. Limited Warranty
  • NML’s Versus Suite is warranted by NML to be free of defects in materials and workmanship, under normal use, for a period of ninety (90) days from the date of the original purchase of the new NML’s Versus Suite (the “Warranty Period). This limited warranty excludes damage resulting from:
    • -improper care or handling (including, without limitation, proximity to moisture or heat);
    • -accidents;
    • -modification;
    • -unauthorized repairs;
    • -use of the NML’s Versus Suite with accessories, products, services or software applications not expressly approved or provided by NML;
    • -use of NML’s Versus Suite in a manner contrary to, or not in accordance with, the documentation, guidelines or instructions provided by NML; or
    • -other causes which are not defects in materials or workmanship of NML.

This warranty does not cover a used NML’s Versus Suite, or a NML’s Versus Suite marked as “sample” or sold “AS IS” and only extends to a new NML’s Versus Suite purchased by you from NML or an authorized NML retailer. This warranty is a hardware only warranty that is limited to NML’s Versus Headset and does not cover any software made available, shipped, pre-loaded, or distributed by NML or any third party, even if the software is packaged or sold with the NML’s Versus Headset, or available for NML at a later time. Software license agreements apply to your use of software associated with NML’s Versus Headset. The software license for NML proprietary software to be used with NML’s Versus Headset is described in the applicable NML end user license agreement. If there is a covered defect, NML will repair or replace (with new or refurbished parts), NML’s Versus Headset free of charge or issue a refund at its discretion. The Warranty Period for the repaired or replaced NML will expire upon the expiration of the original Warranty Period (except to the extent NML is expressly required by law to provide you a longer Warranty Period for the repaired or replaced NML’s Versus Headset).

EXCEPT TO THE EXTENT EXPRESSLY SET OUT IN THIS SECTION 8.b, NML IS PROVIDED “AS IS AND WITH ALL FAULTS” AND NML DISCLAIMS ALL GUARANTEES, ASSURANCES, CONDITIONS, WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO NML INCLUDING, BUT NOT LIMITED TO: THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS; AND PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR SERVICES, INFORMATION, SOFTWARE AND RELATED CONTENT THROUGH NML OR OTHERWISE ARISING OUT OF THE USE OF NML.

  • iii. Liability Limitation
  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OTHER THAN LIABILITY FOR DEATH OR BODILY INJURY RESULTING FROM NML’s GROSS NEGLIGENCE, NML, ITS SERVICE PROVIDERS AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE OF PRODUCTS OR FUNCTIONALITY, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF INFORMATION (INCLUDING DATA) OR OTHER PECUNIARY LOSS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CLAIMS ARISING FROM OR RELATED TO:

-USE OF NML’s GETVERSUS OR VERSUS SUITE; OR

-THE INABILITY TO USE OR THE NON-PERFORMANCE OF NML’s Versus Suite, IN ALL CASES WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, EVEN IF NML HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NML, ITS LICENSORS AND SERVICE PROVIDERS EXCEED THE NET PURCHASE PRICE PAID BY YOU FOR NML’s Versus Suite UNDER THIS AGREEMENT.

iv. Basis of the Bargain; Exclusions

The disclaimers of warranties and limitations of liability set forth above are fundamental elements of the basis of the agreement between you and NML. You understand and agree that NML would not be able to economically or reasonably provide NML’s Versus Suite to you without these limitations.

v. Limited Warranty Claim Process

If you have a valid claim under Section 8.b. contact NML through the contact details set out at www.support.getversus.com to obtain a Return Material Authorization (RMA) number, shipping address and instructions. You must:

-comply with the requirements of this Section 8;

-provide proof of purchase;

-package the NML’s Versus Suite in the original, unmarked packaging (when practicable) including, accessories, manuals, and documentation;

-include the RMA number in the packaging;

-include a description of the problem, and

-prepay all shipping charges.

NML reserves the right to refuse or return any NML’s Versus Suite not sent in compliance with this Section 8. NML recommends that you use a carrier that offers shipment tracking for all returns and either insure your package for safe return to NML or declare the full value of the shipment so that you are protected if the shipment is lost or damaged in transit. You are fully responsible for the cost of shipping and any loss or damage during shipping.

vi. Support

NML will not be obligated to provide any support or maintenance services for the NML’s Versus Suite unless otherwise expressly agreed upon in writing by you and NML. However, this provision does not relieve NML of its warranty obligations described in Section 8.b. above.

9. Cancellation and Termination
i. Termination Rights

NML may terminate these Terms upon written notice to you, and may also stop any products in transit to you and suspend the delivery of NML’s Versus Suite to you without penalty, if:

-you commit a material breach of these Terms and fail to remedy such breach within thirty (30) days of receiving notice of such breach, or

-you become involved in any legal proceeding concerning your solvency, have a receiver or administrator appointed of any of your assets, cease or threaten to cease operations, or otherwise have a serious and reasonable doubt arise respecting your solvency. Except as otherwise specified in these Terms, neither party will be entitled to terminate or cancel these Terms except with the prior written consent of the other party.

ii. Insolvency

Upon termination of these Terms for your breach or insolvency:

-all of NML’s performance obligations hereunder will immediately cease;

-your license to use any software provided to you hereunder will immediately cease, and you will either return all such software to NML or certify that such software has been destroyed; and

-any payments then due to NML become immediately payable in full.

10. Accounts and User Conduct

Each Versus software subscription is non-transferrable and may only be used by the individual to whom it is initially registered. If NML determines that any user is not using NML’s Versus Suite, or Services responsibly, NML has the right (but not the obligation) to remove, edit block or delete such user’s transmissions, User Generated Content, or use of the NML Services. If NML, in its sole discretion, believes that the user has engaged in or facilitated practices that:

  • -are in breach of these Terms;
  • -are offensive, illegal or violate the rights of others or NML;
  • -are offensive, illegal or violate the rights of others or NML;
  • -could result in liability for NML, then NML has the right (but not the obligation), without notice, to terminate the user’s access to and/or use of all or a portion of NML Services, or delete information posted or stored to the NML Services. In addition, NML reserves the right to limit the number of accounts that may be created from NML’s Versus Suites and the number of NML’s Versus Suite associated with an account. If NML suspects that any registration data provided is inaccurate or incomplete, NML may suspend or terminate the account without notice.
11. General
i. English Only

Do not order NML’s Versus Suite or install, download or use the software unless you can fluently read and understand English. You acknowledge and represent that you have carefully reviewed these Terms and have sufficient understanding of the English language in order to fully understand the terms and conditions contained in these Terms and that you have no questions regarding the meaning or effect of any of these Terms.

ii. Physical Symptoms

In rare cases, people experience seizures or blackouts due to exposure to flashing lights and patterns created by the display of certain applications on mobile or other such similar devices used in conjunction with NML Versus Headset. If you have done so, or have experienced any nausea, involuntary movements, tingling, numbness, vision issues while using such devices in the past, you should consult with your doctor before using similar applications and should immediately cease all such use of such applications should the symptoms reoccur. In any event you should avoid prolonged use of such applications to minimize any possible discomfort or fatigue, including any muscle, joint or eye strain and should closely monitor your children’s use of technology to avoid possible problems.

iii. Privacy Policy

You acknowledge and agree that you have read the NML Privacy Policy located at www.GetVersus.com (or otherwise made available through NML Services, and consent to the handling and processing of your data as described in the NML Privacy Policy.

iv. Interpretation

If any provision, clause or term of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of that provision, clause or term will not affect the validity or enforceability of the remaining provisions, clauses and terms or the validity or enforceability of that provision, clause or term in any other jurisdiction. If any provision of these Terms is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provisions shall be severed from the Terms for the purposes of that jurisdiction and the other provisions shall remain in full force and effect. No waiver by either party of a breach or omission by the other party under these Terms will be binding on the waiving party unless it is expressly made in writing and signed by the waiving party.

v. Other Terms

“Android,” “Google,” “Google Play” and “Nexus” are trademarks of Google Inc. The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc., and any use of such marks by NML is under license. iPad, iPhone, and iPod are trademarks of Apple Inc., registered in the U.S. and other countries. Samsung, Galaxy S and Galaxy Tab are registered trademarks of Samsung Electronics Co., Ltd. Sony is a trademark or registered trademark of Sony Corporation. Xperia is a trademark or registered trademark of Sony Mobile Communications AB. LG is a registered trademark of LG Group and its related entities. Nook HD ®is a registered trademark of Fission LLC. All other trademarks and trade names are the property of their respective owners and other company and product names mentioned herein may be trademarks of their respective companies. “Made for iPod,” “Made for iPhone,” and “Made for iPad” mean that an electronic accessory has been designed to connect specifically to iPod, iPhone, or iPad, respectively, and has been certified by the developer to meet Apple performance standards. Apple is not responsible for the operation of this device or its compliance with safety and regulatory standards. Please note that the use of this accessory with iPod, iPhone, or iPad may affect wireless performance.

vi. Governing Law

The Agreement is governed by and construed in accordance with the laws of the United States and the State of California, as applied to agreements entered into and to be performed entirely within California. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from application to the Agreement.

vii. Survival

The provisions of these Terms that under a commercially reasonable interpretation reveal that the parties likely would have such provisions survive termination or expiration of these Terms, including without limitation, Sections 6, 7, 8, 9, 10 and 11 will survive the termination or expiration of this Terms.

viii. Contact

If you have any questions or inquiries regarding these Terms or any order or purchase, please contact NML through the contact details set out at http://GetVersus.com. Please note that e-mail communications will not necessarily be secure, so please do not include credit card information or other sensitive information in your e-mail correspondence with us.

ix. Electronic Communications

For contractual purposes, you consent to receive communications electronically from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights related to electronic communications.

x. Entire Agreement

These Terms constitute the entire agreement between the parties and supersedes all previous agreements relating to the subject matter hereof. This Agreement may not be altered, amended, or modified except by a written instrument signed by the duly authorized representatives of both parties.

These Terms were last updated on July 14, 2017

End User License Agreement

PLEASE REVIEW THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. THIS EULA IS A BINDING LEGAL AGREEMENT BETWEEN NEURO MANAGEMENT LLC AND/OR ITS AFFILIATES  AND YOU AND, IF APPLICABLE, THE COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT (COLLECTIVELY, “YOU”) REGARDING THE SOFTWARE THAT YOU ARE INSTALLING, INCLUDING ANY FUTURE UPDATES, UPGRADES OR VERSIONS OF THE SOFTWARE, ACCOMPANYING DOCUMENTS, INFORMATION, MANUALS OR OTHER RELATED MATERIALS PROVIDED BY NEURO MANAGEMENT LLC AS PART OF, OR IN CONNECTION WITH THE SOFTWARE (COLLECTIVELY, THE “SOFTWARE”).

THIS SOFTWARE IS FOR INFORMATION PURPOSES ONLY AND IS NOT INTENDED TO BE USED FOR ANY OTHER PURPOSE, INCLUDING MEDICAL OR DIAGNOSTIC-RELATED PURPOSES.
THE SOFTWARE, USER INFORMATION, USER INTERFACE, SUPPORT, COMMUNICATION AND AGREEMENT, ARE ONLY PROVIDED IN ENGLISH. DO NOT USE THE NML OR OTHER NML PRODUCTS UNLESS YOU CAN FLUENTLY READ AND UNDERSTAND ENGLISH. FURTHER, DO NOT INSTALL, DOWNLOAD OR USE THIS SOFTWARE UNLESS YOU CAN FLUENTLY READ AND UNDERSTAND ENGLISH.

BY INSTALLING, DOWNLOADING, COPYING, ACCESSING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT UNDERSTAND OR AGREE, YOU MUST NOT INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE SOFTWARE.

1. License Grant and Restrictions
i. License Grant

NML grants you a limited personal, non-transferrable, non-sub-licensable, and non-exclusive license to install and use a single copy of the Software for your information and non-commercial use as part of the product or hardware supplied by or on behalf of NML in which the Software is contained or for which it is provided (the ”License”).

ii. Restrictions, Including User-Generated Content

You will not (and will not allow any third party to):

-use the Software for any purpose other than as set out in the License grant above;

-remove or alter any copyright notice or any other notices that appear on the Software, or modify or create derivative works of any Software;

-reverse engineer or attempt to discover any source code or underlying ideas or algorithms of any Software (except to the extent that applicable law prohibits reverse engineering restrictions), however if the licensee creates, or aids in the creation of a derivative work or transformative work, said resulting derivative work or transformative work shall be the property of the licensor, and the licensor shall grant to the licensee a licensee to said derivative work or transformative work under the same terms of this EULA;

-provide, lease, lend, sublicense, use for timesharing or otherwise use or allow the use of the Software for the benefit of any third party; or

-use any Software, or allow the use, transfer, transmission, export, or re-export of any Software or portion thereof in violation of any export control laws or regulations, or in violation of any laws or regulations. For the purposes of this EULA, “User Generated Content” means any text, feedback, ideas, suggestions, documents, proposals, photographs or other data and information you or anyone acting on your behalf submits through the online and mobile services made available by NML from time- to-time, including, but not limited to certain websites, widgets, computer programs and mobile applications hosted by or on behalf of NML (collectively, the “ NML Services”).

You represent that your User Generated Content:

-will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights, or rights of privacy;

-will not violate any law, statute, ordinance or regulation;

-will not be obscene or contain child pornography; and

-will not be defamatory, unlawfully threatening or harassing, harmful to minors or others in any way, or otherwise offensive or inappropriate. You agree to indemnify, hold harmless and defend NML and its licensors from and against any claims or suits, including attorneys’ fees and expenses, which arise or result from any breach of this Section by you or by another who has access to or use of the Software, NML Services or User-Generated Content through you.

iii. License Grant – Personally Identifiable User Generated Data

For the purposes of this EULA, “Personally Identifiable User Generated Data” means User Generated Content that identities you. For example, NML considers your picture, name, address, phone number, email address, and EEG data (commonly known as brainwaves) as Personally Identifiable User Generated Data. For clarity, Personally Identifiable User Generated Data does not include anonymized or aggregated data. You own your Personally Identifiable User Generated Data, we can’t use it without your consent. You grant to NML a revocable, non-exclusive, worldwide, royalty-free license, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use Personally Identifiable User Generated Data in any media now existing or developed in the future only so far as required to deliver NML Services and products. You waive any rights of publicity, moral or other similar such right with respect to Personally Identifiable User Generated Data while used in accordance with the preceding sentence.

iv. License Grant Non-Personally Identifiable User Generated Data

For the purposes of this EULA, “Non-Personally Identifiable User Generated Data” means all User Generated Content except for Personally Identifiable User Generated Data. You grant to NML a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit Non-Personally Identifiable User Generated Data in any media now existing or developed in the future. You waive any rights of publicity, moral or other similar such right with respect to the Non-Personally Identifiable User Generated Data that might require your permission for NML to use such Non-Personally identifiable User Generated Content.

v. Intellectual Property

The Software is protected by copyright laws, international copyright, patents, trade secrets and other intellectual property rights. As between you and NMLNML retains all right, title, interest, ownership and intellectual property rights in and to the Software. The License confers no title or ownership in the Software and is not a sale of any rights in the Software. The License does not grant you any right to any enhancement or update to the Software. NML reserves any and all rights not expressly granted to you. The Software may incorporate third party intellectual property or open source code.

vi. Permitted Age

NML Software and products are available for individuals aged 16 years or older (“Permitted Age”). If you are of the Permitted Age or older but under the age of 18, you should review this EULA with your parent or guardian to make sure that you and your parent or guardian understand it.

vii. For Information Purposes Only

Content generated or found through NML Services, Software, or products is for informational purposes only and is not intended to replace the relationship between you and your physician or other health-care provider. NML is not a licensed medical or health-care care provider and has no expertise in diagnosing, examining, or treating medical conditions of any kind.

viii. Physical Symptoms

In rare cases, people experience seizures or blackouts due to exposure to flashing lights and patterns created by the display of certain applications on mobile or other such similar devices used in conjunction with NML. If you have done so, or have experienced any nausea, involuntary movements, tingling, numbness, vision issues while using such devices in the past, you should consult with your doctor before using similar applications and should immediately cease all such use of such applications should the symptoms reoccur. In any event you should avoid prolonged use of such applications to minimize any possible discomfort or fatigue, including any muscle, joint or eye strain and should closely monitor your children’s use of technology to avoid possible problems.

2. Termination

This EULA is effective until terminated. You may terminate this EULA at any time by uninstalling the Software and destroying all copies of the Software in your possession or control. NML may terminate this EULA immediately upon notice to you for any or no reason. The EULA will terminate immediately without notice from NML if you fail to comply with any provision of this EULA (including breach for nonpayment, if applicable). Upon termination of this EULA, you agree to immediately uninstall the software and destroy all copies of the software.

3. Limited Warranties by Neuro Management LLC
i. Statutory Protections

THE APPLICABLE LAWS OF SOME COUNTRIES MAY NOT ALLOW THE EXCLUSION OF IMPLIED GUARANTEES, ASSURANCES, CONDITIONS, WARRANTIES AND REPRESENTATIONS AND/OR THE LIMITATION OR EXCLUSION OF LIABILTY EITHER IN CONTRACTS OR IF YOU ARE A CONSUMER, AND AS SUCH, SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU, IN WHICH CASE THIS AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS.

ii. Limited Warranty

NML DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. THE SOFTWARE IS PROVIDED “AS IS” AND NML DISCLAIMS ALL GUARANTEES, ASSURANCES, CONDITIONS, WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS.

iii. Liability Limitation

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OTHER THAN LIABILITY FOR DEATH OR BODILY INJURY RESULTING FROM NML’s GROSS NEGLIGENCE, NML, ITS SERVICE PROVIDERS AND ITS LICENSORS SHALL NOT BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CLAIMS ARISING FROM OR RELATED TO: (a) USE OF THE SOFTWARE; OR (b) THE INABILITY TO USE OR THE NON-PERFORMANCE OF THE SOFTWARE, IN ALL CASES WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, EVEN IF NML HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NML, ITS LICENSORS AND SERVICE PROVIDERS EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE UNDER THIS AGREEMENT.

iv. Basis of the Bargain; Exclusions

The disclaimers of warranties and limitations of liability set forth above are fundamental elements of the basis of the agreement between you and NML. You understand and agree that NML would not be able to economically or reasonably provide the Software to you without these limitations.

4. General
i. Governing Law

This EULA will be governed and construed in accordance with the laws of the United States of America, the state of California, and in the event of a dispute, you agree to submit to the exclusive jurisdiction of the state and federal courts located in the State of California and the County of San Francisco. This EULA will be governed and construed in accordance with the laws of the State of California. The United Nations Convention on Contracts of the International Sale of Goods is expressly excluded.

ii. Privacy Policy

You acknowledge and agree that you have read the NML Privacy Policy located at https://getversus.com/legal (or otherwise made available to you through NML Services) and consent to the handling and processing of your data as described in the NML Privacy Policy.

iii. English Language

This EULA is and will only be provided in the English language. The Software, user information, user interface, support and communication, are only provided in English. Do not use this Software or any NML products unless you can fluently read and understand English. Further, do not install, download or use this Software unless you can fluently read and understand English. You acknowledge and represent that you have carefully reviewed this EULA and have sufficient understanding of the English language in order to fully understand the terms and conditions contained in this EULA and that you have no questions regarding the meaning or effect of any of this EULA’s terms.

iv. Changes to EULA

NML may change the terms and conditions of this EULA and recommends that you review them on a regular basis. You can review the most current version of this EULA at: through the NML Services. If NML makes a change to the terms, it will post the revised version at the link above. You agree that your continued use of the Software after this EULA has been changed means that you have agreed to the changed terms.

v. Accounts and User Conduct

If NML determines that any user is not using NML Services responsibly, NML has the right (but not the obligation) to remove, edit block or delete such user’s transmissions, User Generated Content, or use of the NML Services. If NML, in its sole discretion, believes that the user has engaged in or facilitated practices that: (i) are in breach of this EULA, (ii) are offensive, illegal or violate the rights of others or NML, (iii) violate any terms of use or guidelines established by NML, or (iv) could result in liability for NML, then NML has the right (but not the obligation), without notice, to terminate the user’s access to and/or use of all or a portion of NML Services, or delete information posted or stored to the NML Services. In addition, NML reserves the right to limit the number of accounts that may be created from NML and the number of NML associated with an account. If NML suspects that any registration data provided is inaccurate or incomplete, NML may suspend or terminate the account without notice.

vi. Entire Agreement; Amendment

This EULA is the entire agreement with respect to this Software and supersedes any other agreements or discussions, oral or written.

vii. Interpretation

If any provision, clause or term of this EULA is determined by a court of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of that provision, clause or term will not affect the validity or enforceability of the remaining provisions, clauses and terms or the validity or enforceability of that provision, clause or term in any other jurisdiction. If any provision of this EULA is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provisions shall be severed from the EULA for the purposes of that jurisdiction and the other provisions shall remain in full force and effect. No waiver by either party of a breach or omission by the other party to this EULA will be binding on the waiving party unless it is expressly made in writing by the waiving party.

viii. Survival

The provisions of this EULA that under a commercially reasonable interpretation reveal that the parties would have such provisions survive the termination of this EULA, including without limitation, Sections 1.2, 1.3, 1.4, 1.5, 2, 3, 4.1, 4.6, 4.7 and 4.9 will survive the termination of this EULA.

ix. Other Terms

Android,” “Google,” “Google Play” and “Nexus” are trademarks of Google Inc. The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc., and any use of such marks by NML is under license. iPad, iPhone, and iPod are trademarks of Apple Inc., registered in the U.S. and other countries. Samsung, Galaxy S and Galaxy Tab are registered trademarks of Samsung Electronics Co., Ltd. Sony is a trademark or registered trademark of Sony Corporation. Xperia is a trademark or registered trademark of Sony Mobile Communications AB. LG is a registered trademark of LG Group and its related entities. Nook HD ®is a registered trademark of Fission LLC. All other trademarks and trade names are the property of their respective owners and other company and product names mentioned herein may be trademarks of their respective companies. “Made for iPod,” “Made for iPhone,” and “Made for iPad” mean that an electronic accessory has been designed to connect specifically to iPod, iPhone, or iPad, respectively, and has been certified by the developer to meet Apple performance standards. Apple is not responsible for the operation of this device or its compliance with safety and regulatory standards. Please note that the use of this accessory with iPod, iPhone, or iPad may affect wireless performance.

THIS EULA WAS LAST UPDATED ON October 20, 2014

License Agreement

NEURO MANAGEMENT LLC (NML) VERSUS HEADSET AND VERSUS SOFTWARE LICENSE AGREEMENT, WHICH GOVERNS THE LICENSE OF:

  • -THE NML’S VERSUS HEADSET (“HEADSET”);
  • -THE VERSUS SOFTWARE ASSOCIATED AND/OR PACKED-IN WITH THE HEADSET, AS APPLICABLE AND AS FURTHER DEFINED BELOW (“SOFTWARE”); AND
  • -DOCUMENTATION FOR THE HEADSET AND SOFTWARE.

LICENSE OF THE PRODUCT AND THE SOFTWARE BY NML, ITS SUBSIDIARIES AND/OR AFFILIATES (THE “COMPANY”) TO YOU AS THE INDIVIDUAL OR LEGAL ENTITY THAT WILL BE USING THE PRODUCT AND SOFTWARE (“YOU” AND “YOUR”) IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF ALL OF THE TERMS OF THIS AGREEMENT WITHOUT MODIFICATION. THIS IS A LEGAL, BINDING AND ENFORCEABLE CONTRACT BETWEEN NML AND YOU. BY INDICATING ASSENT ELECTRONICALLY, OR BY LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INDICATE ASSENT OR LOAD THE SOFTWARE.

1. General

The Company has developed and will develop non-invasive dry sensor products that capture the biosignals generated by neurological activity, and eye or muscle movements (the “Products”) and software algorithms that interpret such biosignals (the “ NML Algorithms”).

The Company’s Versus Suite consists of:

  • -a neural headset (the “Headset”)
  • -an optical disc containing the Versus Instruction Manual;
  • -the Software; and
  • -a Versus Quick Start Guide for the Headset and Software (the “Guide”)
2. License

The Company is licensing the Versus Suite to You on the terms and conditions of this Agreement. The license set forth herein is subject to receipt of full payment for the Versus Suite.

Subject to the terms and conditions of this Agreement, the Company grants You a limited, non-exclusive, non-transferable, non-sublicensable license to use the Versus Suite,

You may copy the Software, the Guide and the Documentation only to the extent necessary for Your authorized use of the Headset and Software, and for archival and backup purposes only, provided that You will at all times and in each instance, reproduce all copyright notices and proprietary legends on each copy in the same manner as such notices and legends appear on the original.

You shall not (and shall not allow any third party to) copy (except as provided in the preceding sentence), modify, reverse engineer, reverse assemble, disassemble, or decompile the Products, the Headset, the Software or the NML Algorithms or any part thereof or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in or to the Products, the Headset, the Software or the NML Algorithms.

You shall not modify the Products, the Headset, the Software or the NML Algorithms in any manner or form, except as provided in the User Guide. You shall not (and shall not allow any third party to) create derivative works of the Headset, the Software or the NML Algorithms or any part thereof, however if the licensee creates, or aids in the creation of a derivative work or transformative work, said resulting derivative work or transformative work shall be the property of the licensor, and the licensor shall grant to the licensee a licensee to said derivative work or transformative work under the same terms of this License Agreement.

You shall not use the Headset or Software for any illegal use, or use as components in life support or safety devices or systems, or military or nuclear applications, or for any other application in which the failure of the Headset, Software could create a situation where personal injury or death may occur.

Except as expressly provided in this Agreement, all rights to the Company’s intellectual property are specifically reserved, and in no event shall You acquire any other rights or licenses, implied or otherwise, by virtue of this Agreement. Without restricting the previous sentence, nothing herein shall be construed as a right or license to make, have made, use, sell, offer to sell, import, lease or distribute any products or technology related to the Products, the Headset, the Software or the NML Algorithms, or to use any name, identifier, trademark, trade name, service mark or other designation of the Company.

The Products, the NML Algorithms, Headset, Software, and Guide and any accompanying or related documentation, including technical data, delivered as related to this Agreement are commercial within the meaning of Federal Acquisition Regulation (“FAR”) 2.101 and any supplement thereto. Each item mentioned in this paragraph was fully developed at private expense. If the user or licensee of the commercial items mentioned herein is an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure, or transfer of such item (“use”), or any related documentation of any kind, including technical data, is restricted by the terms and conditions of this Agreement.Further, Software and NML Algorithms, or any other software delivered as related to this Agreement are considered commercial computer software and as such, in accordance with FAR 12.212 and Defense Federal Acquisition Regulation 227.7202, use is further restricted in accordance with the terms that govern the license of these software products made commercially available other than through this Agreement, if different from this Agreement. No rights are conferred other than as mentioned herein. All other use is prohibited. The terms and conditions of this paragraph shall accompany and apply to any sale or transfer of any item mentioned herein by Licensee to the Government.

3. Term; Termination

Either party may terminate this Agreement if the other party breaches any material term or condition of this Agreement and fails to cure such breach within ten (10) days after receipt of written notice of the same.

In addition to its rights under Section 2.1 above, the Company may terminate this Agreement immediately upon written notice in the event of a breach by You of Section 1.

Either party may terminate this Agreement upon written notice to the other party if such other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, or liquidation for the benefit of creditors.

Upon termination of this Agreement, the licenses granted hereunder will also terminate, and You shall promptly make arrangements to return the Headset and Software in good condition (excluding normal wear and tear) to the Company at Your own expense, but in any event return the Headset and Software within five (5) business days after termination. The Company may, in its sole discretion, arrange for pick up of the Headset and Software, and You shall reasonably cooperate with the Company regarding such pick up, including providing access to Your premises. All shipment fees, duties and insurance associated with return or pickup of the Headset and Software shall be Your responsibility. All obligations of each party to the other shall cease except that the provisions set forth in Sections 1.4, 1.5, 1.6, 2.4, 3, 5, 6 and 7 shall continue.

4. Relationship of the Parties

Neither party shall be deemed to be an agent of the other party. Except as provided in this Agreement, Neither party shall have any right or authority to assume any obligations, or to make any representations or warranties, whether express or implied, on behalf of the other party, or to bind the other party in any matter whatsoever.

5. Representations and Warranties

The Company represents and warrants that:

  • -it has the full corporate right, power and authority to enter into this Agreement;
  • -the performance by the Company of its obligations and duties hereunder do not and will not violate any agreement to which it is a party or by which it is bound; and
  • -subject to Your agreement to the terms and conditions of this Agreement and the truth and accuracy of Your representations and warranties, this Agreement will constitute the legal, valid and binding obligation of the Company, in accordance with its terms.

You represent and warrant that;

  • – You have the full right, power and authority to enter into this Agreement;
  • – if You are an entity, the person agreeing to the terms and conditions of this Agreement has the power to bind You;
  • – the execution of this Agreement by and the performance of its obligations and duties hereunder do not and will not violate any agreement to which You are a party or by which You are bound;
  • – for purchase from the NML on-line stores the contact, payment and shipment information You have provided is accurate, and You will promptly provide the Company with any changes thereto, as applicable; and
  • – when agreed to, this Agreement will constitute Your legal, valid and binding obligation, in accordance with its terms.
6. Limitation of Liability; Warranty

You are solely responsible for Your use of the Headset, Software and Documentation and any consequences arising therefrom.

The Company’s maximum aggregate liability with respect to this Agreement whether under theory of contract, tort (including negligence), strict liability or otherwise shall be limited to the amount of the fee You paid for the license.

If you have licensed the Versus Suite directly through an official NML on-line stores, you may return the Headset that was licensed to You in connection with the Versus Suite for any reason, within twenty-one (21) days of the shipment date for such Headset, as indicated on the records of the Company. To return such Headset pursuant to this Section 5.3 You must:

  • -You must complete the RMA form set forth at www.support.getversus.com in a full and complete manner;
  • -fully cooperate with any questions or communications directed or sent to you by a NML representative; (c) obtain a valid RMA approval;
  • -return the Headset, Software, Guide and all materials associated with such Headset in the original packaging, when possible, and in their original condition; and
  • -pay a reconditioning and restocking fee, as set forth in the RMA approval. You must ship the Headset and Software in accordance with the instructions contained within the RMA approval, and You are responsible for shipping fees, customs, duties, taxes and insurance associated with such return. After the return has been processed, and confirmation made that all of the requirements set forth in this Section 5.3 have been met, a refund will be processed, either, in the Company’s sole discretion, by means of a charge-back to the credit card or PayPal account You provided for the license, or by a check in Your name.

Versus Suites purchased through merchants other than the NML on-line store are covered by the merchant’s return policy and are excluded from the provisions detailed in 5.3.

If you have licensed the Versus Suite directly through an official NML on-line stores, NML warrants that:

  • -the Headset that was licensed to You in connection with the Versus Suite will be free from defects in workmanship for a period of ninety (90) days from the shipment date for such Headset, as indicated on the records of the Company; and
  • -the Module contained within such Headset will be free from defects in workmanship for a period of three hundred sixty-five (365) days from the shipment date for such Headset, as indicated on the records of the Company. Versus Suites purchased through merchants other than NML’s on-line stores are covered by the merchant’s warranty and are excluded from the provisions detailed in 5.4.

To make a warranty claim pursuant to Section 5.4 You must:

  • -You must complete the RMA form set forth at www.support.getversus.com in a full and complete manner;
  • -fully cooperate with any questions or communications directed or sent to you by a NML representative;
  • -obtain a valid RMA approval; and
  • -return the Headset, Software, Guide, Documentation and all materials associated with such Headset in the original packaging, when possible, and in their original condition. You must ship the foregoing in accordance with the instructions contained within the RMA approval, and You are responsible for shipping fees, customs, duties, taxes and insurance associated with such return. After the return has been processed, confirmation made that all of the requirements set forth in this Section 5.5 have been met, and that the Headset or the Module is defective, then the Company, in its sole discretion, may either:
    • -repair the defective Headset or Module; or
    • -replace the defective Headset or Module with a new or refurbished unit. If the Headset, Software, Guide, Documentation and all materials associated with such Headset are not in their original condition, you may be charged a restoration and restocking fee, depending upon the condition of the return, which must be paid prior to You receiving the repaired or replacement unit. The warranty coverage set forth in Section 5.4 does not cover components that have failed due to normal wear and tear, by abuse or improper use of the Headset or the components therein, or other exclusions as determined by the Company in good faith through its RMA process.

If you obtained the Versus Suite, or any portion thereof, other than directly through an official NML on-line store, NML is under no warranty or return obligation under this Section 5. You must obtain warranty and return coverage from the entity from which you obtained the Versus Suite, or any portion thereof.

YOUR use of the Headset, the software, the documentation, the products guide, and the NML algorithms is “as-is,” and EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION 5, THE COMPANY DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

In no event shall the company be liable for any special, incidental or consequential damages, including but not limited to loss of profits or income, whether or not the company had knowledge, that such damages might be incurred.

7. Indemnification

You shall indemnify, defend and hold harmless the Company, its directors, officers, employees, and affiliates (collectively, the “Company Indemnified Entities”) from and against any and all claims, actions, demands, suits, liabilities or obligations (including attorney’s fees and costs) brought against any of the Company Indemnified Entities arising from or alleging: (a) use of the Headset, the Software, the Products or the NML Algorithms by You; irrespective of whether such use was proper and legal; and (b) any breach of the terms and conditions of this Agreement or the terms of use of the NML Website.

8. Miscellaneous Provisions

All notices and other communications hereunder shall be in writing. Notices shall be made first to You at the email address on file with the Company pursuant to your registration of the Versus Suite, and to the Company at support@getversus.com, and shall be deemed delivered upon delivery to such email address, unless the party sending notice is unable to deliver to such email address two (2) consecutive times, in which notice must be made to the physical address provided by pursuant to your registration of the Versus Suite, or to the Company at the address listed on this website, which shall be deemed delivered with proof of delivery to such postal address.

In the event that any provision of this Agreement or the application thereof, becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of this Agreement will continue in full force and effect and the application of such provision to other persons or circumstances will be interpreted so as reasonably to effect the intent of the parties hereto. The parties further agree to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision

The parties agree that any and all disputes or controversies of any nature between them arising at any time shall be determined by binding arbitration in accordance with the Commercial Arbitration Rules of the AAA before a single neutral arbitrator (“Arbitrator”) in the State of California, county of San Francisco. The Arbitrator shall be mutually agreed upon by the parties; if the parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by the AAA. The Arbitrator shall determine how all expenses relating to the arbitration shall be paid, including without limitation, the respective expenses of each party, the fees of the arbitrator and the administrative fee of the American Arbitration Association. Any final outcome of such arbitration shall be final and binding as to all matters of substance and procedure, and may be enforced by a petition to any court of competent jurisdiction located in the State of California, which may be made ex parte, for confirmation and enforcement of the award. In addition, either party may seek equitable, non-monetary relief at any time in any court of competent jurisdiction located in the State of California without thereby waiving its right to arbitration of any dispute or controversy. All proceedings shall, to the extent permitted by law, be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.

This Agreement and the terms and conditions and documents and instruments and other agreements among the parties hereto referenced herein:

  • -constitute the entire agreement among the parties with respect to the subject matter hereof and supersede all prior agreements and understandings both written and oral, among the parties with respect to the subject matter hereof; and
  • -are not intended to confer upon any other person any rights or remedies hereunder. Any translations of this Agreement into other languages are provided for convenience only, and shall not affect the foregoing.

This Agreement shall be governed by and construed in accordance with the laws of the United States of America, and of the State of California, regardless of the laws that might otherwise govern under applicable principles of conflicts of laws thereof. Subject to Section 7.3, each of the parties hereto irrevocably consents to the exclusive jurisdiction and venue of any court within the State of California, in connection with any matter based upon or arising out of this Agreement or the matters contemplated herein, agrees that process may be served upon them in any manner authorized by the laws of the State of California for such persons and waives and covenants not to assert or plead any objection which they might otherwise have to such jurisdiction, venue and such process. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement, and the parties disclaim application of the Uniform Computer Information Transactions Act to the maximum extent permissible.

In any action, proceeding or arbitration to enforce or construe this Agreement, in addition to any other remedies, the Company, if the prevailing party, shall be entitled to recover its reasonable costs and expenses, including attorney’s, consultant’s and expert’s fees and costs, and You, if the prevailing party, shall be entitled to recover its reasonable costs and expenses, including attorney’s, consultant’s and expert’s fees and costs.

Neither party may assign its rights or obligations under this Agreement either in whole or in part without the prior written consent of the other party; provided, that such consent shall not be required if the Company assigns its rights and obligations to an assignee that acquires all or substantially all of such party’s stock or assets. Any attempted assignment in violation of the foregoing shall be void. The rights and obligations of the parties shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives, successors and permitted assigns.

Neither party shall be liable under this Agreement for delays, failures to perform, damages, losses or destruction, or malfunction of equipment, or any consequence thereof, caused or occasioned by, or due to fire, earthquake, flood, water, the elements, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, perils of the air, public enemies, war, riots, strikes, weather conditions, mechanical delay or failure of truck, aircraft or other equipment, governmental actions, shortages of equipment or supplies, acts or omissions of third parties, failure of the Internet or any other cause beyond its reasonable control.

Return Policy

Games and software downloads ordered on getversus.com or through the app store are not returnable. For troubleshooting tips, please check our Knowledge Base, which is accessible from our support link located at the top of the store page.

If you have placed an order and need help with next steps, please contact us using our Customer Support page.

If you have purchased a Versus Headset and licensed the Versus Software directly through an official NML on-line stores, you may return the Headset and software that was licensed to you for any reason, within twenty-one (21) days of the shipment date for such Headset, as indicated on the records of the Company. To return such Headset you must:

  • -complete the Returned Merchandise Authorization form (“RMA form”) set forth at www.support.getversus.com in a full and complete manner;
  • -fully cooperate with any questions or communications directed or sent to you by a NML representative;
  • -obtain a valid RMA approval;
  • -return the Headset, Software, Guide and all materials associated with such Headset in the original packaging, when available, and in their original condition;
  • -pay a reconditioning and restocking fee, as set forth in the RMA approval; and
  • – ship the Hardware and Software in accordance with the instructions contained within the RMA approval, and you are responsible for shipping fees, customs, duties, taxes and insurance associated with such return.

After the return has been processed, and confirmation made that all of the requirements set forth in this Section 1 have been met, a refund will be processed, either, in the Company’s sole discretion, by means of a charge-back to the credit card or PayPal account you provided for the license, or by a check in your name.

Versus Headsets and Software purchased through merchants other than the NML on-line store are covered by the merchant’s return policy and are excluded from the provisions detailed in this Section 1.

If you have purchased a Versus Headset and licensed the Versus Software directly through an official NML on-line stores, NML warrants that:

  • -the Versus Headset purchased by you, and the Versus Software that was licensed to you in connection with Headset will be free from defects in workmanship for a period of ninety (90) days from the shipment date for such Headset, as indicated on the records of the Company; and
  • -the Sensor Modules contained within such Headset will be free from defects in workmanship for a period of three hundred sixty-five (365) days from the shipment date for such Headset, as indicated on the records of the Company.

Versus Headset and the Versus Software purchased through merchants other than NML’s on-line stores are covered by the merchant’s warranty and are excluded from the provisions detailed in this Section 2.

To make a warranty claim pursuant to Section 2, you must:

  • -complete the RMA form set forth at www.support.getversus.com in a full and complete manner;
  • -fully cooperate with any questions or communications directed or sent to you by a NML representative;
  • -obtain a valid RMA approval; and
  • -return the Headset, Software, Guide, Documentation and all materials associated with such Headset in the original packaging, when possible, and in their original condition. You must ship the foregoing in accordance with the instructions contained within the RMA approval, and you are responsible for shipping fees, customs, duties, taxes and insurance associated with such return.

After the return has been processed, confirmation made that all of the requirements set forth in this Section 3 have been met, and that the Headset or the Module is defective, then the Company, in its sole discretion, may either:

  • -repair the defective Headset or Module; or
  • -replace the defective Headset or Module with a new or refurbished unit.

If the Headset, Software, Guide, Documentation and all materials associated with such Headset are not in their original condition, you may be charged a restoration fee, depending upon the condition of the return, which must be paid prior to you receiving the repaired or replacement unit. The warranty coverage set forth in this Section 3 does not cover components that have failed due to normal wear and tear, by abuse or improper use, or your miss-packaging of the Headset or the components therein, or other exclusions as determined by the Company in good faith through its RMA process.

Warranty Agreement

NEURO MANAGEMENT LLC (“NML”)

NEURO MANAGEMENT LLC (“NML”) VERSUS HEADSET AND VERSUS SOFTWARE WARRANTY AGREEMENT, WHICH GOVERNS THE WARRANTY OF THE VERSUS SUITE, WHICH CONSISTS OF:

  • -THE NML VERSUS HEADSET (“HEADSET”);
  • -THE VERSUS SOFTWARE ASSOCIATED AND/OR PACKED-IN WITH THE HEADSET, AS APPLICABLE AND AS FURTHER DEFINED BELOW (“SOFTWARE”); AND
  • -GUIDE AND DOCUMENTATION FOR THE HEADSET AND SOFTWARE.

WARRANTY OF THE VERSUS SUITE BY NML, ITS SUBSIDIARIES AND/OR AFFILIATES (“ NML” OR THE “COMPANY”) TO YOU AS THE INDIVIDUAL OR LEGAL ENTITY THAT WILL BE USING THE VERSUS SUITE (“YOU” AND “YOUR”) IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF ALL OF THE TERMS OF THIS AGREEMENT WITHOUT MODIFICATION. THIS IS A LEGAL, BINDING AND ENFORCEABLE CONTRACT BETWEEN NML AND YOU. REGISTRATION OF THE VERSUS SUITE ACTIVATES THIS WARRANTY.

ALL VERSUS SOFTWARE IS PROVIDED “AS-IS,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY. THIRD PARTY SOFTWARE IS THE RESPONSIBILITY OF THE DEVELOPER.

You are solely responsible for Your use of the Hardware, Software and Documentation of the Versus Suite and any consequences arising therefrom.

The Company’s maximum aggregate liability with respect to this Agreement whether under theory of contract, tort (including negligence), strict liability or otherwise shall be limited to the amount of the fee You paid for the Versus Suite.

If you have procured the Versus Suite directly through an official NML on-line stores, you may return the Headset that was provided to You in connection with the Versus Suite for any reason, within twenty-one (21) days of the shipment date for such Headset, as indicated on the records of the Company. To return such Headset pursuant to this Section 3, You must:

  • -complete the RMA form set forth at www.support.getversus.com in a full and complete manner;
  • -fully cooperate with any questions or communications directed or sent to you by a NML representative;
  • -obtain a valid RMA approval;
  • -return the Hardware, Software, Guide and all materials associated with such Headset in the original packaging, when practicable, and in their original condition; and
  • -pay a restocking fee, as set forth in the RMA approval. You must ship the Hardware and Software in accordance with the instructions contained within the RMA approval, and You are responsible for shipping fees, customs, duties, taxes and insurance associated with such return. After the return has been processed, and confirmation made that all of the requirements set forth in this Section 3 have been met, a refund will be processed, either, in the Company’s sole discretion, by means of a charge-back to the credit card or PayPal account You provided for the procurement, or by a check in Your name. If determined by the Company, in good faith through its RMA process, that the Headset is not in its original condition, a restoration fee shall be deducted from your refund.

Versus Suites purchased through merchants other than the NML on-line store are covered by the merchant’s return policy and are excluded from the provisions detailed in 3.

If you have procured the Versus Suite directly through an official NML on-line store, NML warrants that:

  • -the Headset that was provided to You in connection with the Versus Suite will be free from defects in workmanship for a period of ninety (90) days from the shipment date for such Headset, as indicated on the records of the Company; and
  • -the Module contained within such Headset will be free from defects in workmanship for a period of three hundred sixty-five (365) days from the shipment date for such Headset, as indicated on the records of the Company.

Versus Suites purchased through merchants other than NML’s on-line stores are covered by the merchant’s warranty and are excluded from the provisions detailed in 4.

To make a warranty claim pursuant to Section 4, You must:

  • -complete the RMA form set forth at www.support.getversus.com in a full and complete manner;
  • -fully cooperate with any questions or communications directed or sent to you by a NML representative;
  • -obtain a valid RMA approval; and
  • -return the Hardware, Software, Guide, Documentation and all materials associated with such Headset in the original packaging, when practicable, and in their original condition. You must ship the foregoing in accordance with the instructions contained within the RMA approval, and You are responsible for shipping fees, customs, duties, taxes and insurance associated with such return. After the return has been processed, confirmation made that all of the requirements set forth in this Section 5 have been met, and that the Headset or the Module is defective, then the Company, in its sole discretion, may either:
    • -repair the defective Headset or Module; or
    • -replace the defective Headset or Module with a new or refurbished unit. If the Hardware, Software, Guide, Documentation and all materials associated with such Headset are not returned in the original packaging and/or are not in their original condition, you may be charged a restoration and/or restocking fee, depending upon the condition of the return, which must be paid prior to You receiving the repaired or replacement unit. The warranty coverage set forth in Section 4 does not cover components that have failed due to normal wear and tear, by abuse or improper use of the Hardware or the components therein, or other exclusions as determined by the Company in good faith through its RMA process.

If you obtained the Versus Suite other than directly through an official Neuro Management on-line store, NML is under no warranty or return obligation under this Section 5. You must obtain warranty and return coverage from the entity from which you obtained the Versus Suite.

Your use of the Versus Suite and the Neuro Management LLC algorithms is “as-is,” and EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION 4, THE COMPANY DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

In no event shall the company be liable for any special, incidental or consequential damages, including but not limited to loss of profits or income, whether or not the company had knowledge, that such damages might be incurred.

Disclaimer
Photo Credits

The image of Carlos Quentin is used with permission from Jonathan Lurie, under the Creative Commons license. The image has been altered from it’s original condition; you may view the image in it’s original form here.