TERMS OF SERVICE.
Welcome to TheBrainWizard.com. The web pages available at www.thebrainwizard.com and all sub-domains thereof (the â€śSiteâ€ť) are owned and operated by The Brain Wizard LLC. (the â€śCompanyâ€ť, â€śusâ€ť, â€śweâ€ť, and â€śourâ€ť), and is accessed by you (the â€śSubscriberâ€ť, â€śyouâ€ť or â€śyourâ€ť) under the following terms and conditions. All of our training programs, and services (as described more fully on the Site) (the â€śServicesâ€ť) are governed by these Terms of Service.
If you violate these Terms of Service, we may terminate any and all accounts you have established at the Site (your â€śAccount(s)â€ť). You acknowledge that the Company is not required to provide you notice before it so terminates your Account(s).
All materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, collectively, the "Content") are intended solely for the use by Company subscribers (â€śSubscribersâ€ť) and may only be used in accordance with these Terms of Service.
Subscriber may not modify, publish, transmit, participate in the transfer or sale of, reproduce (unless otherwise provided in these Terms of Service), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
Subscriber may access the Content, and other items displayed on the Site for personal use only. Subscriber shall not store any of the Content in any form from the Site unless otherwise explicitly permitted on the site. Downloading, copying or storing of any Content is expressly prohibited without the prior written permission from the Company, or from such other copyright holder as may be identified in such Content's copyright notice.
When you finish the registration process, you officially become a Subscriber of The Brain Wizard. Your membership allows you access to certain Content and Services on the Site. You are required to provide the Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your Account(s).
Subscriber may not (i) select or use as a Brain Wizard user ID a name of another person with the intent to impersonate that person or (ii) use as a Brain Wizard user ID a name subject to any rights of a person other than Subscriber without appropriate authorization. The Company reserves the right to refuse registration of, or cancel a User ID in its discretion. Also, Subscriber shall be solely responsible for maintaining the confidentiality of passwords to Subscriber's Account(s).
You are solely responsible for all activity on your Account(s) and for the security of your computer systems. You agree to indemnify and hold the Company harmless for any improper or illegal use of your Account(s). including but not limited to illegal or improper use by someone who has received permission to use your Account(s). Your Account(s) is / are subject to termination if you or anyone using your Account(s) violates these Terms of Service.
In consideration for your agreement to these Terms of Service, the Company grants you a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Site and related Content subject to the terms and conditions set forth in these Terms of Service or such other terms and conditions as may be set forth on the Site.
SUBSCRIPTION FEES, PAYMENT AND TRIAL MEMBERSHIPS.
Some of the Services require payment of fees. Subscriber shall pay all applicable fees, as described on the Site in connection with such Services selected by Subscriber. The Company reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to Subscriber, which may be sent by email or posted on the Site. Use of the Services by Subscriber following such notification constitutes Subscriber's acceptance of any new or increased charges or other changes. If any such new or increased charges or other changes are unacceptable to you, you may cancel your subscription at any time however, the Company is not obligated to refund any fees that have accrued to your Account(s) before the cancellation. Additionally, the Company will not prorate fees for any subscription.
Fees may be based on one-time or subscription payments as more fully described on the Site. You may pay the subscription fees with a valid credit card that is under your own name or that you are authorized to use for such purpose. Recurring subscription fees paid by credit card will automatically renew, unless you affirmatively cancel your subscription by prior to the beginning of the next applicable period for which the subscription corresponds. For each month that your subscription is active, you acknowledge and agree that the Company is authorized to charge the same credit card for the subscription fee. You agree to promptly notify the Company of any changes to your credit card while any subscriptions remain outstanding.
You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions made by you or by anyone that has used your Account(s), including your family or friends.
From time to time, we may offer a free trial membership or other promotions. If you accept a free trial membership or a promotion, we will begin to bill your credit card at the conclusion of the free trial or according to the terms and conditions outlined in the promotion. If you do not wish to be charged, you should cancel your Account(s) prior to the end of the trial period or in accordance with the applicable promotion rules.
ACCESS TO THE SERVICES.
Subject to these Terms of Service, the Company may offer to provide certain Services as are selected by Subscriber through the process provided on the Site, solely for Subscriberâ€™s own personal use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services the Company performs for Subscriber, as well as the offering of any content on the Site. The Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. The Company may also impose limits on certain features and Services or restrict Subscriberâ€™s access to parts or all of the Services without notice or liability.
Subscriber certifies to the Company that, if Subscriber is an individual (i.e., not an entity), that Subscriber is at least 18 years of age. Subscriber also certifies that if Subscriber is an entity, that you are authorized to establish an Account(s), access, and use the Site and enter into and pay for any subscriptions on behalf of the Subscriber. You also certify that you are legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access to the Site. These Terms of Service are void where prohibited by law, and the right to access the Site and Services are revoked in such jurisdictions.
Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, internet service and long distance or local telephone service. Subscriber shall be solely responsible for ensuring that such equipment or ancillary services are compatible with the Services.
You may terminate certain of the Services at any time by notifying the clicking on the â€śMy Profileâ€ť link or emailing us at firstname.lastname@example.org. Company may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of these Terms of Service. Any fees paid hereunder are non-refundable.
EFFECT OF TERMINATION.
Upon termination of the Subscriber's Account(s), Subscriberâ€™s right to use the Services, access the Site, and any Content as provided in these Terms of Service will immediately cease. All provisions of these Terms of Service, which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, medical disclaimer, limitations of liability and miscellaneous.
LINKS TO OTHER WEB SITES AND SERVICES.
This Site contains links to other websites. The Company is not responsible and does not control the availability, accuracy, reliability, content, associated links, privacy and security practices, resources, or services associated with a third party site. You agree that Company shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only and should you choose to access such other sites you acknowledge that you do so voluntarily and assume all risk.
Subscriber is solely responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, illegal or otherwise inappropriate activity are grounds for termination of Subscriberâ€™s right to Services or to access the Site. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other Subscriber.
Subscriber agrees that use of the site and services are at his/her/its own sole risk. The services, content, site and any software are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. The company maintains the site on a commercially reasonable basis and does not guarantee that you will have access to the site.
LIMITATION OF LIABILITY.
In no event shall the company or its parents, subsidiaries, affiliates, officers and employees be liable with respect to the site or the services (i) for any amount in the aggregate in excess of the fees paid by subscriber therefor; or (ii) for any indirect, incidental, punitive, or consequential damages of any kind whatsoever. The company does not endorse, warrant or guarantee any third party product or service offered through the site and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
The Companyâ€™s products and services and other Content available on the Site are not an attempt to practice medicine or provide specific medical advice. Use of this site does not establish a doctor-patient relationship. Any health information and links on the Site, whether provided by the Company or by contract from outside providers, is provided simply for your convenience. Additionally, the Site may contain links to external websites. Please consult with your physician.
You may not reproduce, retransmit, disseminate, sell, publish, broadcast, or circulate the Information you obtain from the Site without the express written consent of the Company. You are entitled to use the Information it contains for your private, non-commercial use only.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Companyâ€™s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sublicensable by Subscriber except with the Companyâ€™s prior written consent. The Company may freely assign these Terms of Service. These Terms of Service shall be governed by and construed in accordance with the laws of the state of Washington without regard to the conflict of laws provisions thereof. Both parties agree that these Terms of Service are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Service, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. If there is any conflict between these Terms of Service and any additional terms, conditions, and rules posted by the Company on the Site, the Company shall resolve the conflict in its sole discretion. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and Subscriber does not have any authority of any kind to bind Company in any respect whatsoever.