Terms & Conditions
Last Updated: November 12, 2020
- Permissible Users
You may not use the Website if you are under the age of majority in the jurisdiction in which you live (which in most jurisdictions is either 18 or 19 years of age) or if you cannot form legally binding contracts under applicable law. If you are under the age of majority, then your parent or legal guardian may use the Website on your behalf.
- Permissible Use
- Other Terms and Conditions
- Ownership of Website and Content
The Website and its content (including all design, text, graphics, logos, button icons, interfaces, images, video, sounds, music, artwork, computer code, data, and other elements available on or through the Website, and the design, structure, selection, arrangement, and look and feel of those items, and the Website as a whole) are owned by NeonMind or its licensors and are protected by Canadian and international copyright, trademark, and other laws. Your use of the Website does not transfer to you any right, title or interest in, to or associated with the Website or its content.
- Information Provided by You
You will ensure that all information you provide through the Website, including account information such as your legal name, residential address, email address, payment information such as your credit card numbers and their expiration dates, and transaction-related information, is true, accurate, current, and complete. We will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect, or incomplete information or your failure to promptly update your account information and payment information if they change.
- Personal Information
- Product Information
All material and information presented on the Website is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by Health Canada, the US FDA, or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure, mitigate or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions or sensitivities. Use of the Website is not meant to serve as a substitute for professional medical advice: this Website is solely an online store for functional food products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. We do not give or intend to give any answers to medical related questions and the Website does not replace any medical professional or medical resource. NeonMind does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Website. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911, EMERGENCY SERVICES OR YOUR PHYSICIAN IMMEDIATELY.
Misprints, inaccuracies, omissions, or other errors on the Website may sometimes occur. We cannot guarantee that products and services advertised on the Website will be available when ordered, and do not warrant that the content of the Website is accurate or complete. We reserve the right to: (a) correct any error, inaccuracy, or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges, and specifications of those products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) refuse any order you place; and (d) limit quantities available for sale or sold. The advertisements on the Website are invitations to make offers to purchase products and services and are not offers to sell.
NeonMind and all logos, product names, page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of NeonMind and may not be used in connection with any product or service that is not offered by NeonMind in any manner that is likely to cause confusion.
You agree that you will not submit any information or ideas to us that you consider to be confidential or proprietary. Any feedback or unsolicited ideas, suggestions, or other materials (including ideas for new advertising or marketing campaigns, or promotions, new or improved products or services, or new product names or branding) that you send us (collectively “Submissions”) are deemed to be non-confidential, you automatically grant to NeonMind and its successors, assigns, and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sublicensable right and license to use and exploit the Submissions or any ideas, concepts, know-how, or techniques associated with the Submissions in any manner and for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any compensation or attribution to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties, and you automatically waive in favour of NeonMind and its successors, assigns, and licensees any and all moral rights in the Submissions.
- Third Party Sites and Third Party Content
The Website may provide content of third parties (“Third Party Content”) or links to other websites operated by third parties (“Third Party Sites”). Third Party Content and Third Party Sites are independent from us, and we do not guarantee, endorse, or adopt the completeness and accuracy of, and have no responsibility or liability for or control over, Third Party Content or Third Party Sites. We are not responsible for updating or reviewing Third Party Content or Third Party Sites. Your use of Third Party Content and Third Party Sites is at your own risk. You will not make any claim against us arising from, connected with, or relating to your use of Third Party Content or Third Party Sites.
- Prohibited Activities
THE WEBSITE, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES OF OR RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY NEONMIND TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR THE SELECTION AND USE OF THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE TO ACHIEVE YOUR INTENDED RESULTS. NEONMIND DOES NOT PROMISE THAT THE WEBSITE, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, WILL PRODUCE SPECIFIC RESULTS. YOU USE THE WEBSITE, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE, AT YOUR OWN RISK. EXCEPT AS SET FORTH IN OUR RETURN AND EXCHANGE POLICIES, IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, PROVISIONING, CONFIGURING, MAINTAINING, PAYING FOR, AND PROTECTING FROM LOSS AND DAMAGE, ALL EQUIPMENT, SOFTWARE AND SERVICES (AND ALL DATA CONTAINED THEREIN) NECESSARY FOR YOUR USE OF THE WEBSITE.
- Liability Exclusions
- Changes and Termination
- Governing Law
- Dispute Resolution