Terms of Service
Please read the following terms of service ("Agreement" or "Terms of Service") before you install the TagWiz application or use any of the products or services we provide through our application, software or website (including browser extensions) (all of which are referred to collectively herein as the "TagWiz Technologies"). The TagWiz Technologies may be provided to you online, in the form a mobile or desktop application and/or may be integrated into a third party application.
The TagWiz Technologies are owned, licensed and operated by Brain-rewiring, Inc. (referred to herein as "we," "us," "our," or "TagWiz"), which has developed applications and services for use in connection with a variety of devices and platforms, which we expect to include without limitation, Windows, Mac, iPhone, iPad, Kindle Fire, Android, BlackBerry, Windows phone, Chrome, Safari, Firefox and other mobile devices and computers. The TagWiz Technologies allow you to upload, submit, store, share, receive, collect, capture and/or visualize your ideas, texts, graphics, videos, data, information, files, presentation decks or other content, including third party content used by you (collectively, “Content”). You retain all rights in- and responsibility and liability for all Content. We do not claim ownership of your Content.
The Terms of Service constitute a binding legal agreement, which govern your use of the TagWiz Technologies via any platform or device. By installing our applications, visiting our website or installing or using any of the TagWiz Technologies, you are accepting these Terms of Service. If you do not agree to these terms, please do not install any of our applications, access our website or use any of our products or services.
If you have questions or concerns regarding this Agreement, the TagWiz Technologies or your Subscription, you should contact us at firstname.lastname@example.org.
Alternatively, you may contact us at:
Brain Rewiring, Inc.
6469 Almaden Expy Ste 80 #532
San Jose, CA 95120
The TagWiz Technologies allows you to store, organize, share and receive Content from multiple sources.
TagWiz’s basic technology is currently free from registration and charge. The Content you use, share or receive in our Application will be stored on your device and/or on our servers. We are not responsible for any Content stored on your device. Your Content may be lost if you remove your Content from the Application, if you remove the Application from your device, or if you lose your device.
We offer a paid subscription service (the "Subscription Service") which, among other things, provides paid subscribers with certain features that are not made available to users of the standard, free version of the TagWiz Technologies. If you elect a subscription, you have to create an account and provide us with your email address and/or other details.
We reserve the right to permanently delete Content when you stop interacting with the Application, when you delete your Content from the Application, when you delete the Application from your device(s) or when you delete your account. Full payment of applicable fees is considered to be active use of the Application.
USE OF OUR SERVICE
The TagWiz software application, supporting files and accompanying documentation (referred to collectively herein as the "Application") is provided solely for your personal, noncommercial use. The videos, articles and other content that you choose to save may be protected by copyright and other laws. Please refer to the website you were visiting when you saved such content for copyright notices, information and restrictions that may be applicable to such content.
We respect the intellectual property of others, and we ask our users to do the same. The TagWiz Technologies allow you to time-shift across devices and platforms so that you can access Content later that you had the right to access when you saved such content to the Application.
As a condition to your use of the TagWiz Technologies, you agree not to use the TagWiz Technologies to infringe any intellectual property rights. We reserve the right, at any time, in our sole discretion, with or without notice, to terminate the accounts of, and block access to the TagWiz Technologies to, any users who infringe any copyrights or other intellectual property rights.
If you use a paid TagWiz Subscription, the initial subscription term starts once the fees due have been paid in full.
We may introduce or change the fees for the TagWiz Technologies from time to time, for which we will give you advance notice. If you have a fixed term and price subscription, that price will remain in force for the fixed term. If you do not agree with the price change, you must cancel your subscription and stop using the TagWiz Technologies by the end of the then-current subscription term. If you continue to use the TagWiz Technologies after the price change goes into effect, you agree to pay the changed price. Fee introductions will require your prior consent and registration.
Depending on the payment method you choose, the issuer of the payment method may charge you certain fees relating to the processing of your payment.
You can change your payment method in your account settings of the respective Service or by contacting us at email@example.com.
We may suspend or cancel your subscription and/or access the the Subscription services if a payment is not successfully settled (for instance in case of insufficient funds, expiration of credit cards, a change in payment details or otherwise). Suspension or cancellation of the Subscription services for non-payment can result in a loss of access to and use of your account and your Content.
If you subscribe and pay us through the Apple App Store or Google Play Store, the terms of Apple or Google may also apply.
AUTOMATIC RENEWAL, PAYMENTS, AND REFUNDS
Subscriptions to our paid TagWiz service are available on monthly and yearly subscription plans (the “TagWiz Subcription”). You have the right to cancel your subscription during the first 14 days, unless you start using the Subscription Services during this period whereby you waive your right to cancel.
Each paid subscription is valid for only one user account and you are not permitted to use your paid subscription with any other user accounts. YOUR PAID SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED, AND THE SUBSCRIPTION FEE CHARGED, AT THE END OF EACH SUBSCRIPTION PERIOD UNTIL YOU CANCEL. THE SUBSCRIPTION FEE WILL BE CHARGED TO YOUR LAST PAYMENT METHOD. We may offer a free trial period for the subscription based services available on TagWiz. If you sign up for a free trial, you will be charged the subscription fee when the free trial period ends, and at the end of each subsequent subscription period until you cancel.
We reserve the right in the future to charge for use of our services that are currently available free of charge. You will not be charged for using any service unless you have opted for a paid subscription plan. We will provide users with notice of any material change to the terms and conditions applicable to the subscription service at least thirty days prior to such change taking effect. By continuing to use our services after the change takes effect, you accept the new terms.
We do not issue refunds for subscriptions paid for through iTunes or Google Play. If you pay for your paid subscription through our website, we may, at our sole discretion, provide a pro-rata refund for the unused portion of the subscription period.
SUBSCRIPTION CANCELLATION POLICY
You may cancel your subscription at any time. If you cancel or decide not to renew, you will be downgraded to our free service upon cancellation or at the end of your subscription period, as applicable. If you do not pay for your paid subscription on time, we reserve the right to suspend your paid subscription or reduce your service level to our free service. TO CANCEL YOUR SUBSCRIPTION, PLEASE SEND AN EMAIL TO SUPPORT@BRAIN-REWIRING.COM, OR FOLLOW THE INSTRUCTIONS FOR CANCELLATION THAT ARE AVAILABLE ON OUR WEBSITE. Cancellation does not give you any right to reimbursement of (part of) the subscription fee, unless local mandatory consumer law obliges to do so.
If you subscribe through the Apple App Store or the Google Play Store, the terms of Apple or Google may apply to the term and cancellation of your subscription instead of the terms in this terms of service.
Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, personal, nontransferable, non-sublicensable, noncommercial right and license to: (1) download and use a copy of our Application; and (2) view and use the TagWiz Technologies, including, without limitation, the products and services made available on or through the Application or our website. No other right or license of any kind is granted to you hereunder with respect to the TagWiz Technologies. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or other grant of right to use any patent, copyright, trademark, service mark, trade secret or other intellectual property right, except as expressly provided herein. If you want to make commercial use of any of the TagWiz Technologies, you must enter into a separate written agreement with us in advance. The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with the terms and conditions of this Agreement. You agree that, upon such termination, you will destroy or permanently erase all copies of the TagWiz Technologies.
The TagWiz Technologies, including, but not limited to, the Application and all other programs, text, graphics, files and other content are owned and copyrighted by TagWiz, Inc. and its licensors, and are protected worldwide. We retain all right, title and interest in and to the TagWiz Technologies and any portion thereof, including, without limitation, all patent rights, copyrights, trademarks, service marks, trade secrets and other intellectual property rights, any derivative work of the TagWiz Technologies, and any Update, and any copies thereof, regardless of the form or media in or on which the original or other copies may subsequently exist. For purposes of this Agreement, "Update" shall mean any modification, error correction, bug fix, new release, upgrade, patch or other update to or for the Application. You agree to take any action reasonably requested by us to evidence, maintain, enforce or defend the foregoing. You shall not take any action to jeopardize, limit or interfere in any manner with our ownership of and rights with respect to the TagWiz Technologies, or any derivative work or Update. This license is not a sale of the original or any backup copy. All rights are reserved unless otherwise noted.
INFORMATION YOU PROVIDE
If you choose to create a user account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You may not share your password or other account access information with any other party, temporarily or permanently, and you agree to accept responsibility for all activities that occur under your account or password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your account, Registration Data or passwords, as the case may be. We reserve the right to refuse service and/or terminate user accounts in our sole discretion.
If you choose to send us any message, feedback or data, including, but not limited to, any ideas, comments, suggestions or questions regarding any product or service, such information shall be deemed to be non-confidential. We shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, we shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such ideas, concepts, know-how or techniques.
The TagWiz Technologies enable users to share, save or post information or materials, or to communicate with or otherwise share information with other users or persons. You agree not to share, save, submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, indecent, illegal or otherwise objectionable material, or any material that violates any federal, state, or local law in the United States or anywhere else in the world.
We do not claim any ownership of the Content you create, use, store or share throught TagWiz Technologies and you are solely responsible for the Content. Also you are solely responsible for sharing it with the correct recipients. Any liability for damages relating to the Content lies with the individual that creates, uses, stores and/or shares it within the TagWiz Technologies. You acknowledge that download and/or access links can be forwarded and that recipients having access to such link, can access the Content it’s connected with.
By using the TagWiz Technologies you warrant that you have, for any Content you create, use, store or share using the TagWiz Technologies, all required permissions (including from copyright and other intellectual property rights owners) to distribute, sub-license, transfer, store and/or make the Content online available as part of the TagWiz Technologies.
We are not liable to you or any third party for any damages arising out of or in relation to the Content created, used, stored or shared by you within the TagWiz Technologies, including but not limited to, copyright protected works and/or trademarks (as described in more detail below).
We require a license from you with regards to the Content FOR THE SOLE PURPOSE OF OPERATING, ENABLING, AND IMPROVING THE TAGWIZ TECHNOLOGIES. Solely for this explicit purpose and until you delete the Content from the TagWiz Technologies, you agree and acknowledge that by using the TagWiz Technologies, you grant us an unlimited, worldwide, royalty-free license to (i) use, host, store, scan, search, sort, index, create previews and (ii) reproduce, communicate, publish, publicly display, distribute and edit (including but not limited to scaling, cropping, adapting and translating) the Content.
CONTENT AND LICENSE RESTRICTIONS
We respect your rights and expect that you respect those of others, including Brain Rewiring, its artists, advertisers and third parties. This includes respecting the right to privacy, corporate intelligence, business secrets and intellectual property rights, such as trademarks, copyrights, trade names and logos. You agree not to use the TagWiz Technologies to commit, promote, enable or facilitate any unlawful or criminal acts or breach of these Terms or facilitate or promote others to do so.
You are solely responsible for all Content which you share, save, submit, publish, display, disseminate or otherwise communicate through the TagWiz Technologies, even if a claim should arise after termination of service. You agree that all such Content, messages and other communications shall not be deemed to be private or secure, and that any such content, messages and communications can be read by the operators and/or other agents of Brain Rewiring, whether or not they are the intended recipients. If we or any other person asks you to cease and desist from sharing any videos, articles or other content with any third party, or to cease communicating with any third party via the TagWiz Technologies, you agree to comply with such request immediately.
Your access to and use of the TagWiz Technologies is subject to this Agreement and all applicable laws and regulations. As a condition to make use of the TagWiz Technoliges you agree not to create, use, store or share any Content that:
● features child sexual abuse imagery;
● is obscene, defamatory, libelous, slanderous, profane, indecent, discriminating, threatening, abusive, harmful, lewd, vulgar, or unlawful;
● promotes racism, violence or hatred;
● is factually inaccurate, false, misleading, misrepresenting or deceptive;
● you don’t hold the rights to;
● infringes, violates or misappropriates intellectual property rights, privacy rights, including data protection rights, and/or any other kind of rights;
● infringes on or violates any applicable law or regulation;
● constitutes ‘hate speech’, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation, language or another characteristic of such individual or group; and/or
● is otherwise defamatory, inaccurate, abusive, threatening, offensive, indecent, illegal or otherwise objectionable (as determined by us in our sole discretion), or any material that violates any federal, state, or local law in the United States or anywhere else in the world.
In addition, you agree not to:
● abuse, harass, stalk, intimidate, threaten, commit violence, or otherwise act unlawful, or encourage anyone else to do so;
● impersonate or falsely pretend affiliation with any person or entity;
● access any non-public areas of the Services;
● interfere with any access or use restrictions;
● use any data mining or data gathering or extraction methods, or otherwise collect information about the users of the Services;
● attempt to probe, scan, compromise or test the vulnerability of the Services or any related service, system or network or breach any security or authentication, unless you do so in accordance with our Responsible Disclosure Policy;
● use automated means to access or use the Services without our permission;
● resell, sublicence, rent, lease, offer or otherwise commercialize the Services without our permission; and/or
● allow others to use your account
● modify, translate, reverse engineer, decompile, disassemble, or create any derivative works based on the TagWiz Technologies, including any of its files, tables or documentation, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Application or any portion thereof;
● distribute, license, transfer, or sell, in whole or in part, any of the TagWiz Technologies or any derivative works thereof
● market, rent or lease the TagWiz Technologies for a fee or charge, or use the TagWiz Technologies to advertise or perform any commercial solicitation;
● use the TagWiz Technologies to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
● interfere with, damage or disrupt or attempt to interfere with, damage or disrupt the proper working of the TagWiz Technologies, any transactions being offered in connection with the TagWiz Technologies or any other activities conducted by us, disrupt our website or any networks connected to the TagWiz Technologies, or bypass any measures we may use to prevent or restrict access to the TagWiz Technologies;
● exploit the TagWiz Technologies in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity;
● use any robot, spider, scraper, or other automated means to access our website or proprietary work for any purpose without our prior written permission;
● use the TagWiz Technologies to collect or harvest personal information about other users of the TagWiz Technologies;
● take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure;
● share any videos, articles or other content with any unreasonably large number of persons, including without limitation sending blast communications to a large number of recipients or sharing content with persons you do not know or who do not know you;
● impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
● use the TagWiz Technologies, or any other services, products, or downloads available in connection with the TagWiz Technologies for illegal purposes;
● represent that you are the owner of any of the TagWiz Technologies, including any of its individual files, drawings or documentation;
● remove or alter any proprietary notices, labels, marks or identifying information of any kind on the TagWiz Technologies;
● incorporate the TagWiz Technologies or any portion thereof into any other program or product;
● use the TagWiz Technologies for any purpose other than in accordance with the terms and conditions of this Agreement; or
● copy or reproduce, in any form or by any means, any part of the TagWiz Technologies (except that you may make one copy of the TagWiz application for archival or backup purposes only, provided that any such copy contains the copyright and proprietary notices in unaltered form).
We reserve the right to refuse service, terminate accounts (and delete all related content) or limit access to the TagWiz Technologies in our sole discretion.
The videos, articles and other content made available on third-party websites may be protected by copyright and other applicable laws. Some content may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the copyright holder, except to the extent allowed under the "fair use" provisions of the U.S. copyright laws, other limitations on exclusive copyrights in the U.S. copyright laws, or comparable provisions of foreign laws. Other content may have re-use permissions attached. Please refer to the website you were visiting when you saved such content for information that may be applicable to such content.
You represent and agree that the TagWiz application will be used solely for your personal-noncommercial use with respect to content of websites that you have the lawful right to access, and that the TagWiz application will not be used in violation of the restrictions posted on the website where such content was published. Some websites include security measures designed to prevent access, and you agree not to take any steps to defeat any such security measures. We do not necessarily monitor any materials posted, transmitted, or saved to or with the TagWiz Technologies. By posting, sharing or saving any videos, articles or content, you represent that doing so does not infringe any third party’s copyrights, trademarks, privacy rights or other intellectual property or legal rights of any kind. If notified that any user has posted, shared or saved any information or materials which allegedly do not conform to this Agreement, we may in our sole discretion investigate the allegation and determine whether to take any other actions, including, but not limited to, whether to remove or request the removal of the information or materials posted, shared or saved by a user. We also reserve the right to terminate the account of any user who transfers or saves content in violation of this Agreement. We shall have no liability or responsibility to users for performance or nonperformance of such activities. You may be subject to civil and criminal penalties, including without limitation monetary damages, if you violate the terms of this Agreement or infringe any third party’s legal rights.
If you believe that your copyrighted work or trademark has been infringed, please contact us and provide all information relevant to any claim of copyright or trademark infringement. Please contact us as described on our [REPORT COPYRIGHT INFRINGEMENT] page.
THIRD PARTY WEBSITES, SOFTWARE AND SERVICES
The content, products and services available via the TagWiz Technologies include materials from non-affiliated third parties. We also participate in joint marketing and other service offerings with third parties and our website contains links to third-party sites. The TagWiz Technologies may in the future integrate, only at your request, with third-party software applications and services that enable you to save to TagWiz within such third-party applications and to utilize the information we collect to improve the service offerings by such third parties. Such third parties may provide you with an opportunity to install the TagWiz application or use the TagWiz Technologies from or through their websites or such third parties may request to access or use your TagWiz user account or other information so that they can customize the services that they provide to you. For example, if you are on a third-party website, you may be provided with the opportunity to download and install the TagWiz application or you may be redirected to our website or provided with access to the TagWiz Technologies. The third parties that contract with us are independent, and are not our agents. Such links are provided for your convenience only. We do not control, and are not responsible for, the content of, or products or services available through, any third-party websites, including without limitation the websites that offer videos, articles or other content that you choose to save to TagWiz. We are not responsible for examining or evaluating any third-party content. You understand and agree that we do not warrant and shall not be liable for any third-party materials or websites. You also agree that you will not use any third-party content or materials in a manner that would infringe or violate the rights of any other party and that we are not in any way responsible for any such use by you.
If you have developed a software application and are interested in integrating such application with the TagWiz Technologies, you must enter into a separate agreement with us. Please contact us at firstname.lastname@example.org for additional information.
PROPRIETARY RIGHTS NOTICES
All trademarks, service marks, logos, trade names and any other proprietary designations of TagWiz used herein are trademarks or registered trademarks of TagWiz. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
DISCLAIMER OF WARRANTIES
Reasonable efforts are taken to improve the accuracy and integrity of the TagWiz Technologies, but we are not responsible for mistakes, out-of-date information, inaccuracies, typographical or other errors. Notwithstanding any other provision of this Agreement, we reserve the right to change, suspend, remove, or disable access to any of the TagWiz Technologies, content, or other materials comprising a part of the TagWiz Technologies at any time without notice. In no event will we be liable for making these changes. As a registered user in good standing, you may be provided with limited access to the videos, articles or other content saved to TagWiz. Such access is provided as an accommodation only, and the items you save with TagWiz may be deleted at any time and for any reason. We do not warrant, and will not have any liability or responsibility for, your use of TagWiz or the products or services we provide. We may also impose limits on the use of or access to certain features or portions of the TagWiz Technologies, for any reason and without notice or liability. Our website, products and services may be unavailable from time to time due to mechanical, telecommunication, software, and other failures. We cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
We may provide integration with third-party services. You acknowledge that: (i) we are not responsible for any acts or omissions of such third-party services; (ii) that we are not an agent of such third-party services; and (iii) your use of those services is subject to any applicable terms and conditions between you and the providers of such services.
THE TAGWIZ TECHNOLOGIES (INCLUDING, WITHOUT LIMITATION, OUR APPLICATION, SOFTWARE, PRODUCTS, SERVICES AND WEBSITE) ARE PROVIDED "AS IS" AND WITH ALL FAULTS. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE TAGWIZ TECHNOLOGIES. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE TAGWIZ TECHNOLOGIES, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE TAGWIZ TECHNOLOGIES. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE TAGWIZ TECHNOLOGIES AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE TAGWIZ TECHNOLOGIES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT THE TAGWIZ TECHNOLOGIES WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF THE TAGWIZ TECHNOLOGIES WILL BE ERROR FREE OR UNINTERRUPTED. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
THERE ARE INHERENT RISKS IN RELYING UPON, USING, OR RETRIEVING ANY INFORMATION FOUND ON THE INTERNET, AND WE URGE YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS BEFORE USING THE TAGWIZ TECHNOLOGIES OR ANY WEBSITE THAT PROVIDES YOU WITH ACCESS TO THE TAGWIZ TECHNOLOGIES. YOUR USE OF THE TAGWIZ TECHNOLOGIES IS AT YOUR OWN RISK. NEITHER BRAIN REWIRING, INC. NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR EMPLOYEES, OFFICERS OR DIRECTORS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS, LOST PROFITS, INTERRUPTION OF BUSINESS, COST OF COVER OR ANY OTHER DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE TAGWIZ TECHNOLOGIES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree, at your own expense, to indemnify, defend and hold harmless Brain Rewiring, Inc., its parents, subsidiaries and affiliates, and their officers, directors, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees, expert witness fees and expenses) incurred in, arising out of or in any way related to your breach of this Agreement, your use of the TagWiz Technologies, or any of your other acts or omissions.
ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF ANY OF THE TAGWIZ TECHNOLOGIES, INCLUDING WITHOUT LIMITATION ANY DISPUTES RELATED TO THE TAGWIZ PREMIUM SUBSCRIPTION SERVICE, WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. AN ARBITRATOR, HOWEVER, MAY AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING, WITHOUT LIMITATION, INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS OF SERVICE AS A COURT WOULD. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT, AND ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT. THE ARBITRATOR WILL DECIDE ALL ISSUES, INCLUDING, WITHOUT LIMITATION, ISSUES RELATING TO THE SCOPE AND ENFORCEABILITY OF THIS ARBITRATION PROVISION.
To initiate an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Legal, Brain Rewiring, Inc.,6469 Almaden Expy Ste 80 #532,vSan Jose, CA 95120. Unless you and we agree otherwise, any arbitration will take place in the county (or parish) where you live. The arbitration will be conducted by JAMS in accordance with that organization’s "Streamlined Arbitration Rules & Procedures" if JAMS has an office in the county (or parish) where the arbitration takes place. Otherwise, the arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association (AAA) rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. JAMS rules and other information are available at https://www.jamsadr.com or by calling 800.352.5267. The AAA’s rules and other information are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the applicable JAMS or AAA rules. We will promptly reimburse you for your payment of the filing fees, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the applicable JAMS or AAA rules. The arbitrator shall have the discretion to award reasonable attorneys’ fees and costs (including the cost of the arbitration and of experts) to the prevailing party, but we will only seek such fees if the arbitrator determines that your claim is frivolous.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
By using any of the TagWiz Technologies, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any kind that might arise between you and us.
This Agreement is effective unless and until terminated as expressly provided herein. We may terminate this Agreement at any time and may do so immediately without notice, without any liability to you, and accordingly deny you access to the TagWiz Technologies, in our sole discretion, if you have failed or we suspect you have failed to comply with any term or provision of this Agreement. Upon any termination of this Agreement, you must promptly destroy all materials downloaded or otherwise obtained from us, as well as all copies of such materials. Termination of this Agreement shall not act as a waiver of any breach of this Agreement and shall not release you from any liability for breach of your obligations under this Agreement.
Upon the termination of a paid subscription, any of the data stored as part of your paid subscription (including, for example, copies of content in your permanent library), will be stored for 30 days. Following such 30 day period, we will have no obligation to save any such data.
This Agreement may not be assigned, in whole or part, whether voluntarily, by operation of law or otherwise, by you without our prior written consent. Subject to the preceding sentence, the rights and liabilities of the parties hereto is binding on, and shall inure to the benefit of, the parties and their respective successors and assigns. Any attempted assignment other than in accordance with this section shall be null and void. We reserve the right to assign this Agreement in our discretion.
If the application of any provision of this Agreement to any particular facts or circumstances shall be held to be invalid or unenforceable by an arbitrator or tribunal, then (a) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of this Agreement shall not in any way be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be deemed or construed as creating a joint venture, partnership, agency, employment or fiduciary relationship between the parties. Neither party nor their agents have any authority of any kind to bind the other party in any respect whatsoever, and the relationship of the parties is, and at all times shall continue to be, that of independent contractors.
We shall not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, pandemic, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, agreements and communications, whether oral or written, between the parties relating to the subject matter of this Agreement and all past courses of dealing or industry custom. No amendment or modification of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized signatory of Brain Rewiring and you.
The TagWiz Technologies may be accessed from countries other than the United States. We control and operate the TagWiz Technologies from offices located in the United States and all servers that make it available reside in the United States. We make no representations or warranties that the TagWiz Technologies are appropriate for use or access in other locations. If you access and use the TagWiz Technologies outside the United States, you do so on your own initiative and you are responsible for complying with United States and your local laws and regulations, if and to the extent such laws are applicable.
You may not use, export, re-export, import or transfer the TagWiz Technologies except as authorized by United States law, the laws of the jurisdiction in which you obtained the TagWiz Technologies, and any other applicable laws. In particular, but without limitation, the TagWiz Technologies may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the TagWiz Technologies, you represent and warrant that you are not located in any such country or on any such list. You also may not use the TagWiz Technologies for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. We reserve the right to limit, in our sole discretion, the availability of the TagWiz Technologies or any portion thereof, to any person, geographic area, or jurisdiction, at any time.
We reserve the right to limit, in our sole discretion, the availability of the TagWiz Technologies or any portion thereof, to any person, geographic area, or jurisdiction, at any time.
U.S. GOVERNMENT RESTRICTED RIGHTS
If this product is acquired under the terms of a government contract, use, duplication and disclosure are subject to the terms of this license and the following restrictions: subdivision (c)(1)(ii) of the Rights in Technical data and Computer Software clause at 252.227-7013 (DOD contracts); subdivisions (a) through (d) of 52.227-19 (Civilian agency contracts); and the applicable ADP Schedule Contract (GSA contracts).
ACCESS BY CHILDREN
The TagWiz Technologies are not for individuals under the age of 13. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand and agree to it.
If you create a user account or send emails to us, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Application. 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. You agree that we may send email to you for the purpose of advising you of changes or additions to the TagWiz Technologies or your TagWiz Subscription, about any of our products or services, or for such other purposes as we deem appropriate.
REVISIONS TO AGREEMENT
We may, at any time, revise this Agreement. If we materially modify the Terms of Service, we will post the modification on our Application, through the TagWiz Technologies, or otherwise provide you with notice of the modification. Prior to each usage of the TagWiz Technologies, you should review the Terms of Service to determine the current Agreement to which you are bound. For your convenience, we include the effective date of the Agreement at the beginning of the document, so that you can easily ascertain whether it has been updated since the last time you viewed the Terms of Service. Your continued use of the TagWiz Technologies constitutes acceptance of this Agreement at the time of each use. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the TagWiz Technologies. Notwithstanding the preceding sentences of this paragraph, no revisions to the Terms of Service will apply to any dispute between you and TagWiz that arose prior to the date of such revision. These Terms of Service may only be modified in writing as set forth in this paragraph, and may not be modified orally.
You can contact us at email@example.com if you have any questions.