LVIS Terms of Service

Last Updated: September 20, 2024

Welcome, and thank you for your interest in LVIS Corporation (“LVIS,” “we,” or “us”) and our website at lviscorp.com (“Site”), and related websites, networks, applications, mobile applications, and other services provided by us where these Terms of Service (“Terms”) are posted (collectively, the “Service”). Please note that in addition to these Terms, use and access of our NeuroMatch® software is subject to additional terms and conditions, and may require additional agreements between you and LVIS. These Terms of Service are a legally binding contract between you and LVIS regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS (THESE “TERMS”). ADDITIONALLY, YOU ACKNOWLEDGE THAT YOU HAVE READ OUR PRIVACY POLICY. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND LVIS’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY LVIS AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION AND CLASS WAIVER NOTICE

PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAVIER (SEE “Dispute Resolution, Arbitration, Class Waiver” SECTION BELOW). THROUGH YOUR AGREEMENT TO THESE TERMS: (I) YOU AND LVIS AGREE TO RESOLVE THROUGH BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT, ANY AND ALL DISPUTES ARISING FROM OR RELATING TO THESE TERMS, THE SERVICES, OR ANY OTHER SERVICES OR PRODUCTS PROVIDED, SOLD, PURCHASED, MANAGED, OPERATED, OR FULFILLED BY LVIS; AND (II) YOU AND LVIS EACH EXPRESSLY WAIVE ANY RIGHTS TO ENFORCE THIS AGREEMENT IN COURT OR AS A CLASS, SUBJECT TO THE LIMITED EXCEPTIONS DESCRIBED BELOW. THIS MEANS THAT ALL DISPUTES WILL BE DECIDED BY AN ARBITRATOR AND YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY. AS WELL AS THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

1. Agreement Overview. As provided in greater detail in these Terms (and without limiting the express language elsewhere in these Terms), you agree and acknowledge that these Terms include the following provisions:

1. ARBITRATION NOTICE – Except for certain kinds of disputes described in Section 19, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND LVIS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 17);
2. NO HIPAA PROTECTED HEALTH INFORMATION –Any data uploaded to the Service may not be considered protected health information under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and LVIS may not a “Covered Entity” or “Business Associate” and not subject to HIPAA with respect to you, unless you have an executed Business Associate Agreement with LVIS in association with your access of the NeuroMatch® software, and protected health information is uploaded as part of your permitted use of the NeuroMatch® software.  (See Sections 3 and 4);
3. LICENSE – The Service is licensed, not sold to you, and you may use the Service only as set forth in these Terms. (See Section 8);
4. PRIVACY – You acknowledge the collection and use your Personal Information in accordance with LVIS’s Privacy Policy (See Section 18.2);
5. NO DISCLOSURE OF PROTECTED INFORMATION – You will not download, screenshot, copy, reproduce, or otherwise share any Personal Information available on the Service, including any information submitted by users, outside of the Service, or otherwise use any information provided on the Service to market to, solicit, or otherwise contact any user outside the Service, except as specifically requested by a user or as explicitly permitted by your agreement with LVIS to use or access the NeuroMatch® software and applicable law. (See Section 3);
6. NO WARRANTY – Except as explicitly stated in your separate agreement for the NeuroMatch® software, the Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind and LVIS’s liability to you is limited. (See Sections 15 and 16).

2. LVIS Service Overview. LVIS is dedicated to enhancing neurological healthcare through cutting-edge technology. We have developed advanced neural information analysis tools such as NeuroMatch® software. Our websites provide more information on our company and products. We also provide a web portal for accessing the NeuroMatch® software. Access and use of the NeuroMatch® software requires you to agree to additional terms and conditions. 
3. No Medical Advice; Disclaimer; No Compliance with HIPAA. LVIS does not provide medical advice. You acknowledge and agree that the Service and all information made available in connection with the Service are licensed and accessible solely for informational purposes and that the Service and content on the Service do not constitute medical advice. Information provided through the use of the Service may not be relevant for an individual’s personal situation. Your use of the Service does not create a patient relationship with LVIS. Notwithstanding the foregoing, you represent and warrant that you will use your best judgment in providing any information to your patients. You assume full risk and responsibility for the information you provide, use, or rely on, in relation to the Service. If a patient brings a lawsuit based on advice that you provided through or using the Service, LVIS may, at our sole discretion, choose to defend you. Please read Section 15 for additional details. WITHOUT LIMITING SECTIONS 15 AND 16 OF THESE TERMS, LVIS DISCLAIMS ALL LIABILITY RELATED TO CONTENT, INFORMATION, OR SERVICES PROVIDED IN CONNECTION WITH THE SERVICE, AND AS A RESULT OF, OR IN RELATION TO THE USE OF THE SERVICE. LVIS DOES NOT, AND DOES NOT INTEND TO, PROVIDE MEDICAL OR HEALTH-RELATED SERVICES, ADVICE, OR ACT IN ANY WAY AS A MEDICAL OR HEALTH-RELATED PROVIDER EXCEPT AS EXPLICITLY STATED IN NeuroMatch® DOCUMENTATION. LVIS IS NOT A PRACTITIONER AND IS NOT A MEDICAL ORGANIZATION, HOSPITAL, HEALTHCARE PROVIDER, OR MEDICAL SERVICE PROVIDER.
4. LVIS is NOT a Health Care Provider nor a Business Associate (unless an applicable agreement has been made between you and LVIS in connection with your use or access of the NeuroMatch® software) and is not providing any user, including any user considered a patient, with “Health Care” as such term is defined in HIPAA. Unless agreed in a separate contract between you and LVIS, we are NOT obligated to handle any information provided by users in the manner required by HIPAA. You will not represent to any person (including any user with whom you have a doctor-patient relationship) through or outside the Service that the Service complies with HIPAA. Please review our Privacy Policy to understand how we collect, use, disclose, and protect information posted to the Service.
5. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you hold, in good standing, any credential you state that you hold on the Service, and are a member in good standing of any group or affiliation of which you state you are a member on the Service; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
6. Accounts and Registration. To access some features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to- date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at termsofservice@lviscorp.com.
7. General Payment Terms. Certain future features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise stated, all fees are in U.S. Dollars and are non- refundable.
8. Licenses
   1. Limited License. Subject to your complete and ongoing compliance with these Terms, LVIS grants you, solely for your personal, non- commercial use, a limited, non-exclusive, non-transferable, non- sublicensable, revocable license to access and use the Service.
   2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it. 
   3. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant LVIS an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
9. Ownership; Proprietary Rights. The Service is owned and operated by LVIS. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by LVIS are protected by intellectual property and other laws. All Materials included in the Service are the property of LVIS or its third party licensors. Except as expressly authorized by LVIS, you may not make use of the Materials. LVIS reserves all rights to the Materials not granted expressly in these Terms.
10. Third Party Terms
    1. Third Party Services and Linked Websites. LVIS may provide tools through the Service that enable you to export information, including User Content, to third party services. By using one of these tools, you agree that LVIS may transfer that information to the applicable third party service. Third party services are not under LVIS’s control, and LVIS is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under LVIS’s control, and LVIS is not responsible for their content.
    2. Third Party Software. The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
11. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
    1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
    2. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
    3. attempt to determine the identity of any user of the Service;
    4. post, upload, or distribute any content that is unlawful, defamatory, libelous, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
    5. share any other user’s content outside the Service, or otherwise attempt to extract and use other user’s data other than as contemplated by these Terms (including in contravention of Section 1.5, 3, 4 above);
    6. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
    7. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
    8. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
    9. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 9) or any right or ability to view, access, or use any Materials; 
    10. reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any the Company content or any use of or access to the Service;
    11. use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Service or monitor or copy our web pages or the content contained thereon;
    12. deep link to the Service for any purpose; or frame the Service, place pop-up windows over any content, or otherwise affect the display of the Service; or
    13. attempt to do any of the acts described in this Section 11 or assist or permit any person in engaging in any of the acts prohibited by these Terms.
12. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 12, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
13. Term, Termination and Modification of the Service
    1. Term. These Terms are effective beginning when you accept the Terms or first access or use the Service and ending when terminated as described in Section 13.2.
    2. Termination. If you violate any provision of these Terms, your account and these Terms automatically terminate. In addition, LVIS may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at termsofservice@lviscorp.com. 
    3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer have access to your account; (c) you must pay LVIS any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 8.3, 9, 13.3, 14 – 18 will survive.
    4. Modification of the Service. LVIS reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. LVIS will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
14. Indemnity. You are responsible for your use of the Service, and you will defend and indemnify LVIS and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “LVIS Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right, including without limitation claims arising from your unauthorized access to or sharing of Personal Information or other content; (d) any claim by a participant that they relied on your advice obtained through the Service (as prohibited by these Terms) for any medical treatment decision; or (e) any dispute or issue between you and any third party. If a user brings a lawsuit against you based on advice you provided through the Service, LVIS may, at our sole discretion, choose to defend you, provided that: (i) we determine the suit is frivolous; (ii) the claim arose only from your actions through the service and not due to any action taken by you outside the Service, or under any doctor-patient relationship established between you and a user; and (iii) you and the user did not have a pre-existing doctor-patient relationship prior to any interactions through the Service. Notwithstanding the foregoing, the decision of whether a suit is frivolous lies solely with LVIS, and nothing in the preceding sentence guarantees that we will defend you against a given claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
15. Disclaimers; No Warranties

EXCEPT AS EXPLICITLY STATED IN A SEPARATE AGREEMENT WITH YOU FOR USE OF NeuroMatch® SOFTWARE (IF APPLICABLE), THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. LVIS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. LVIS DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND LVIS DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR LVIS ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE LVIS ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA.

HOWEVER, LVIS DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT LVIS IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

16. Limitation of Liability

EXCEPT AS EXPLICITLY STATED IN A SEPARATE AGREEMENT WITH YOU FOR USE OF NeuroMatch® SOFTWARE (IF APPLICABLE), TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE LVIS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY LVIS ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS EXPLICITLY STATED IN A SEPARATE AGREEMENT WITH YOU FOR USE OF NeuroMatch® SOFTWARE (IF APPLICABLE), EXCEPT AS PROVIDED IN SECTION 17.4(iii) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE LVIS ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO LVIS FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms.  You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES’ TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US OR THE RELEASEES DURING THE SIX (6) MONTHS PRIOR TO THE INCIDENT.  NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

17. Dispute Resolution, Arbitration, Class Waiver
    1. Generally. In the interest of resolving disputes between you and LVIS in the most expedient and cost-effective manner, and except as described in Section 17.2, you and LVIS agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LVIS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
    2. Exceptions. Despite the provisions of Section 17.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
    3. Arbitrator. Any arbitration between you and LVIS will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800- 778-7879, or by contacting LVIS. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
    4. Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). LVIS’s address for Notice is: LVIS, Inc., 2600 East Bayshore Road, Palo Alto, CA 94303. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or LVIS may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or LVIS must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. 
    5. Fees. If you commence arbitration in accordance with these Terms, LVIS will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Santa Clara County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse LVIS for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
    6. No Class Actions. YOU AND LVIS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and LVIS agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
    7. Modifications to this Arbitration Provision. If LVIS makes any future change to this arbitration provision, other than a change to LVIS’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to LVIS’s address for Notice of Arbitration, in which case your account with LVIS will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
    8. Enforceability. If Section 17.6 is found to be unenforceable or if the entirety of this Section 18 is found to be unenforceable, then the entirety of this Section 17 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 18.1 will govern any action arising out of or related to these Terms.
    9. Arbitration Process. The following processes shall govern the arbitration process:
       1. Before commencing an arbitration, you agree to inform us of the nature of the claim and the relief you seek by sending an email to  termsofservice@lviscorp.com so stating.
       2. Within seven (7) days, LVIS will contact you and thereafter you and we will attempt to resolve the claim or issue in a satisfactory way.
       3. If, after these attempts at exploring a resolution, you intend to proceed with an arbitration claim, you and we will seek to reach an agreement on the selection of an arbitrator to hear and decide the dispute and how it will be heard, including whether to submit the dispute to the arbitrator only in written form, by proceedings conducted via video or-in person.
18. General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and LVIS regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
    1. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and LVIS submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for resolution of any lawsuit or court proceeding permitted under these Terms.
    2. Privacy Policy. Please read the LVIS Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your Personal Information.
    3. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms. For Additional Terms related to use or access of the NeuroMatch® software, in the event of a conflict between these Terms and the NeuroMatch® software Additional Terms, the NeuroMatch® software Additional Terms shall control.
    4. Consent to Communications. By providing us with your contact information, you agree to receive communications, including via e-mail, voice calls, and text messages from or on behalf of LVIS at the email address or telephone number you provided, even if that number is on a national or state ‘Do Not Call List’. These calls will be for informational purposes, such as to verify your account or provide you with help or information on using the Service. Standard text messaging and telephone minute charges applied by your cell phone carrier will apply. LVIS may, without further notice or warning and in our discretion, monitor and/or record telephone conversations for our business purposes, such as quality assurance and training purposes and to protect our rights and the rights of others. IF YOU WISH TO OPT OUT OF MARKETING EMAILS, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXTS, YOU MAY REPLY “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. You understand that you may continue to receive communications while LVIS processes your opt-out request, and you may also receive a communication confirming the receipt of your opt-out request.
    5. Consent to Electronic Notice. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
    6. Contact Information. The Service is offered by LVIS, Inc., located at 2600 East Bayshore Road, Palo Alto, CA 94303. You may contact us by sending correspondence to that address or by email at termsofservice@lviscorp.com.

Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.