Lighthause App Terms and Conditions
Brain Rewiring Inc. (“Lighthouse,” “we” or “us”) thanks you for visiting our mobile application (the “App”). The following Terms and Conditions (the “Terms and Conditions”) apply in their entirety when you:
access or use the App;
register as a Brain Rewiring member (“Member”) on the App, which provides you with access to some or all of the App’s activities, content, products, services, surveys and tests (collectively, the “Brain Rewiring Services), as well as various interactive features and services (collectively, the “Interactive Services” and together with the Brain Rewiring Services, the “Services”); or
register for one of our sweepstakes, promotional offers or contests, as offered from time to time (the “Promotions”).
THE BRAIN REWIRING OFFERINGS ARE NOT INTENDED FOR USE BY CHILDREN UNDER THE AGE OF 13, IF YOU ARE UNDER THE AGE OF 13, DO NOT REGISTER WITH THE WEBSITE.
The Content appearing on the App is provided for informational purposes only. Much of the Content, as well as the Member Content (as defined below), appearing on the App is provided by third-parties. Brain Rewiring shall not be responsible or liable for the accuracy, usefulness or availability of any Content, Member Content or other information transmitted or made available by and through the App and/or Services.
Scope/Modification of Agreement
You agree to the terms and conditions outlined in the Agreement with respect to your use of the App, Content, Member Content and/or any other analyses, research, opinions, reports and/or other information provided by or through same (collectively, “Offerings”). The Agreement constitutes the entire and only agreement between you and Brain Rewiring with respect to your use of the Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Offerings. Brain Rewiring may, without notice, update, revise, or change the Agreement, and the scope and functionality of the Offerings, in whole or in part, at any time; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes that arose prior to the applicable amendment or modification. The latest Agreement will be posted on the App, and you should review the Agreement prior to using the Offerings. By your continued use of the Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). Therefore, you should regularly check the App for any updates and/or changes. You understand and agree that Brain Rewiring is not responsible or liable in any manner whatsoever for your inability to use the Offerings.
1. No Medical or Psychiatric Advice or Therapy
The Offerings are not available to:
any users previously suspended or removed from the App or Services OR
ANY PERSONS UNDER THE AGE OF 13.
Initially, visitors to the App may be offered certain assessment services or other Offerings. Upon completion, we may invite the visitor to register on the App to become a Member. Visitors also may register for membership or become members through any means we designate.
Brain Rewiring reserves the right, in its sole discretion, to deny membership, as well as any Offering, to anyone, for any reason whatsoever, as permitted by applicable law. The registration data that you must supply on the App in order to obtain access to the Offerings as a Member may include, without limitation, depending on the method used by you to register: full name; e-mail address; date of birth; home address; telephone number; user name and password; information you submit or that we receive from you; and any and all other information requested on the applicable registration form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary to maintain it in an up to date and accurate fashion. We will verify and approve all registrants in accordance with our standard verification procedures.
You can access your specific Member account on the App using your username and password. You are responsible for maintaining the confidentiality of your Member account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Member account, username and password.
If you have reason to believe that your Member account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your user name, password, or any credit, debit or charge card number stored) you will notify Brain Rewiring of the problem to avoid possible liability for any unauthorized charges to your account. To access and use some of our Services you will need to pay the applicable fees described on the App for such Services, including applicable taxes (the “Subscription Fees”). When you subscribe for Services requiring a payment, you hereby agree to pay the Subscription Fees, in accordance with billing terms in effect at the time the fee or charge becomes payable, and you agree to abide by the Terms and Conditions like any other user or Member. See the Payment Policy section below.
We reserve the right to change, suspend, or terminate any account, including any feature, content, or service at any time for any reason. We may also place limitations on the use of certain Services, content or features, and/or limit your access to parts of the App or Services without notice or liability.
Brain Rewiring agrees that it will terminate any paid or unpaid subscription to Services upon notice from the Member, provided that refunds are only available if the applicable program expressly provides for refunds. A Member's right to use the App is subject to any limits established by Brain Rewiring or by the Member's credit card issuer. If payment cannot be charged to a Member's credit card or a Member's charge is returned for any reason, including chargeback, Brain Rewiring reserves the right to either suspend or terminate the Member's access and account, thereby terminating this Agreement and all obligations of Brain Rewiring hereunder.
Brain Rewiring may reject your application and/or terminate your membership at any time and for any reason, in our sole discretion. Such reasons may include, without limitation: where Brain Rewiring believes that you are in any way in breach of the Agreement; and where Brain Rewiring believes that you are, at any time, conducting any unauthorized commercial activity by and through the Services.
4. Permitted Use of Services.
The Services are made available to you for your non-commercial use only. You agree not to use the App or any of its content to promote a product or service. You may not modify, reproduce, download, store, distribute, publish, license, or create derivative works from the Services or from the Content. You may not access the App in any way that could damage, disable or overburden the Services. You may not use any third-party APIs, software, tools or scripts to access or modify the Services or underlying technology, unless you are authorized in writing by Brain Rewiring.
5. Payment Policy
Access to some sections of the App or through certain Offerings is free, but we charge for some of our Offerings on a one-time or subscription fee basis. This Payment Policy applies to users who have purchased an Offering.
Overview of Subscription Plans and Payments
We may offer several types of individual plans and gift plans. The pricing terms applicable to your account may vary depending on promotions, the type of subscription and the term you select at the time of purchase. Most of our subscription plans renew automatically, as described in more detail below. If you have questions regarding your plan after you sign up, please refer to your Membership page and the confirmation email that will be sent to you after your purchase.
We may from time to time, at our discretion, offer a trial period for the subscription plans, and if you sign up under that offer, you will not be billed for the full term until the end of the trial period. After the end of any trial period, our subscription plans are billed in one up-front payment for the entire term of the plan you choose. Thus, if you purchase a monthly plan, you will be charged for the full month’s payment at the beginning of each month; and if you purchase a yearly plan, you will be charged for the entire year or two-year term at the beginning of the term. You will also be able to cancel the yearly subscription plan within 30 days after the fee has been charged to your account, in accordance with our cancellation terms. We may use a third-party payment processor to facilitate your payments.
Brain Rewiring offers a 30-day, 100% money - back guarantee for subscriptions for subscription plans that last longer than 30 days. You may receive a refund by contacting our Customer Service team within 30 days of your purchase at email@example.com. Requests made after 30 days will not be eligible. We do not prorate refunds or offer partial refunds except in an instance where we have terminated your membership for any reason other than your breach of our terms. Purchases of subscriptions made through the Apple iTunes Store or our iPhone or iPad applications are final and are not eligible for a refund. These purchases are subject to Apple’s terms and payment policy, and Apple’s policy may exclude refunds as well.
Purchases of subscriptions made through the Google Play Store or our Android applications are final and are not eligible for a refund. These purchases are subject to Google Play's terms and payment policy, and Google Play's policy may exclude refunds as well.
Brain Rewiring subscriptions may renew automatically using the payment details on file for your account. Subscriptions subject to automatic renewal will be identified at the time of purchase. If you purchase a subscription with the automatic renewal feature, you agree that we are authorized to use the payment information on file to charge the renewal fee.
The date of automatic renewal of your subscription is shown on your Membership page and in the payment confirmation email sent after your initial purchase. You may cancel the automatic renewal feature at any time before the renewal date by following the instructions on your Membership page or by contacting our Customer Service team. Additionally, for annual subscriptions, we will refund renewal payments in full if you contact our Customer Service team within 7 days after the renewal payment is made. We do not offer refunds for renewal payments for monthly subscriptions after the monthly subscription fee has been charged to your account.
If you signed up for our services using a promotion discount, fees for your renewal may be higher than your initial rate. Please refer to your Membership page or the confirmation email sent after your initial purchase for details regarding the renewal amount and the date of the next renewal.
Our prices may change in the future. We will notify you at the time of any price change and provide you an opportunity to change or cancel your subscription before applying those changes to your account or changing your payment details in connection with an automatic renewal.
By providing payment information to us, you represent that the payment information is accurate, current and in your own name or in the name of an individual who has authorized you to use his or her payment information for your subscription purchase.
If you provide someone else’s payment information, you agree that we may make a refund to that person if he or she so requests and if the account is eligible for a refund under our Payment Policy. This may cause interruption to or termination of your Brain Rewiring Services.
6. Description of the Content
Subject to the terms and conditions of the Agreement, end - users that possess the requisite technology and register as Members shall have the opportunity to view all or some of the questions, quizzes, tests, challenges and activities (collectively, “Activities”), as well as the media, text, images, graphics, analyses, research, comments, opinions, advice, statements, offers, services, requests, solicitations, user interfaces, audio, video, photographs, trademarks, logos, artwork, news articles and other content made available by and through the App and/or Services (collectively, and together with the Activities, the “Content”). The Content is compiled, distributed and displayed by Brain Rewiring, as well as Members, and other third-party content providers (“Third-Party Providers”). Brain Rewiring does not control the Content provided by Members and/or Third-Party Providers that is made available by and through the Services and/or App. Such Members and/or Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Brain Rewiring does not represent or warrant that the Content and other information posted by and through the Services and/or App is accurate, complete, up to date or appropriate. You understand and agree that Brain Rewiring will not be responsible for, and Brain Rewiring undertakes no responsibility to monitor or otherwise police, such Content. You agree that Brain Rewiring shall have no obligation and incur no liability to you in connection with any such Content. You may find certain Content as posted by Members and/or Third-Party Providers to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Brain Rewiring Offerings.
If you would like to register a complaint, notify Brain Rewiring of a dispute, notify Brain Rewiring of any improper use of your Content or other information or notify Brain Rewiring of inaccurate or misleading Content appearing on the App or otherwise made available by and through the Services, please feel free to contact us at firstname.lastname@example.org.
7. Description of the Services
Please note that Brain Rewiring Offerings may include certain interactive or “group” Activities. If interactive or group activities are offered, Member’s participation in such services may be published on the App, to be viewable by all Members. Members are forbidden from posting website links, buttons, banner ads, co - registration paths, copy or processes for generating actions (“Links”) on the App or in connection with any Interactive Services. We reserve the right to prohibit any conduct by Members or remove any content created via interactive or group services in our sole discretion. The reasons for removal may include where we believe that the content is unsuitable for the App for any reason:
You understand and agree that Brain Rewiring shall not be liable to you, any end - users or any third party for any claim in connection with your use of, or inability to use, the Services.
As a Member, you agree that you are solely responsible for the Member Content and/or other information that you publish, transmit and/or post by and through the App and/or Services. You agree to use the App and/or Services in a manner consistent with any and all applicable laws, rules and regulations. In connection with your use of the App and/or Services, you agree not to post or display any content of any kind that is:
offensive or promotes racism, bigotry, hatred or physical harm of any kind
harasses or advocates harassment of another person;
false, misleading, libelous, defamatory or promotes, endorses or furthers illegal activities;
infringes the Intellectual Property Rights of another person;
involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under thirteen (13);
display any telephone numbers, street addresses, URLs, e - mail addresses or confidential information of any third party;
display any audio files, text, photographs, videos or other images containing confidential information;
display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law;
impersonate any person or entity;
“stalk” or otherwise harass any person;
engage in any unauthorized advertising or commercial solicitation of third parties;
transmit any chain letters, spam or junk e - mail;
express or imply that any statements that you make are endorsed by Brain Rewiring, without our specific prior written consent;
harvest or collect personal information of other Members or other persons whether or not for commercial purposes, without their express consent;
use any robot, spider, App, search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the App or its contents;
post, distribute or reproduce in any way any copyrighted material, trademarks, service marks, trade secrets, patents, domain names, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
remove any copyright, trademark or other proprietary rights notices contained on the App;
interfere with or disrupt any of the Services, App and/or the servers or networks connected to same;
post, offer for download, e - mail or otherwise transmit any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet;
“frame” or “mirror” any part of the App, without our prior written authorization;
use metatags, code or other devices containing any reference to Brain Rewiring the Services and/or the App in order to direct any person to any other website for any purpose; and/or
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services and/or App or any software used on or for the Services and/or App.
contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, spyware, malware or other harmful content or code;
otherwise violates applicable law, the terms of these Terms of Service or potentially creates liability for Brain Rewiring.
Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your membership without notice, in the sole discretion of Brain Rewiring. Brain Rewiring reserves the right to pursue any and all legal remedies against Members that engage in the aforementioned prohibited conduct.
As a Member, you are granted a non - exclusive, non - transferable, revocable and limited license to access and use the Offerings and certain third-party Member Content in accordance with the Agreement. Brain Rewiring may terminate this license at any time for any reason. Unless otherwise expressly authorized by Brain Rewiring, you may only use the Offerings and third-party Member Content for your own personal use. No part of the Offerings or third-party Member Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Offerings, third- party Member Content and/or any portion thereof. You may not create any “derivative works” by altering any aspect of the Offerings and/or third-party Member Content. You may not use Offerings and/or third-party Member Content in conjunction with any other third-party content. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect Content or other information from the App. You may not exploit any aspect of the Offerings and/or third-party Member Content for any commercial purposes not expressly permitted by us. You further agree to indemnify and hold harmless Brain Rewiring for your failure to comply with this Section 10. Brain Rewiring reserves any rights not explicitly granted in the Agreement.
YOU AGREE THAT BRAIN REWIRING, IN ITS SOLE DISCRETION, MAY TERMINATE YOUR USE OF THE APP AND OFFERINGS, AND REMOVE AND DISCARD ANY CONTENT WITHIN THE APP, FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, FOR LACK OF USE OR IF BRAIN REWIRING BELIEVES THAT YOU HAVE VIOLATED OR ACTED INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THE TERMS AND CONDITIONS. BRAIN REWIRING MAY ALSO IN ITS SOLE DISCRETION AND AT ANY TIME DISCONTINUE PROVIDING THE APP AND OFFERINGS OR ANY PART THEREOF, WITH OR WITHOUT NOTICE. YOU AGREE THAT ANY TERMINATION OF YOUR ACCESS TO THE APP AND OFFERINGS UNDER ANY PROVISION OF THESE TERMS AND CONDITIONS MAY BE EFFECTED WITHOUT PRIOR NOTICE , AND ACKNOWLEDGE AND AGREE THAT BRAIN REWIRING MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR MEMBER CONTENT AND/OR BAR ANY FURTHER ACCESS TO SUCH FILES, THE APP OR OFFERINGS. FURTHER, YOU AGREE THAT BRAIN REWIRING SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE OFFERINGS. THE TERMS AND CONDITIONS WILL CONTINUE TO APPLY TO YOUR PAST USE OF THE APP AND OFFERINGS. TERMINATION OF YOUR ACCESS TO AND USE OF THE APP AND OFFERINGS SHALL NOT RELIEVE YOU OF ANY OBLIGATIONS ARISING OR ACCRUING PRIOR TO SUCH TERMINATION OR LIMIT ANY LIABILITY THAT YOU OTHERWISE MAY HAVE TO BRAIN REWIRING.
10. Proprietary Rights
All third-party Member Content and other material posted or made available by and through the Offerings including, but not limited to, the design, selection, arrangement and coordination of such Offerings, is owned by, or licensed to, Brain Rewiring and is protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the Offerings and/or third - party Member Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Brain Rewiring’s prior express written consent. Except as expressly provided in the Agreement, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity, service marks or trademarks with respect to any of the Offerings, third - party Member Content or any document, software, services or other materials viewed at or through same. The posting of information or material by and through the Offerings by Brain Rewiring, any Member or any Third-Party Provider does not constitute a waiver of any right in or to such information and materials. Brain Rewiring reserves all rights not expressly granted in the Agreement. The Brain Rewiring name and logo are trademarks of Brain Rewiring. All custom graphics, icons and service names are trademarks and/or copyrights of Brain Rewiring. All other trademarks are the property of their respective owners. The use of any Brain Rewiring trademarks, service marks, copyrights, patents, trade secrets, domain names, and/or other proprietary rights without Brain Rewiring’s express written consent is strictly prohibited.
We do not claim ownership in any Member Content that you may add to, post on, deliver to, or otherwise make available to the Services through your comments or other Interactive Services (“User Content”) and you may choose to take down User Content that you have posted. By posting User Content, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display and distribute your User Content in any and all media or distribution method (now known or later developed) throughout the world. The licenses granted under this Section will survive the termination or expiration of these Terms of Service for any reason. You may not post a photograph or video of another person without that person’s permission. You are solely responsible for any and all User Content that you post on the Services and for your interactions with other Users. You represent and warrant that: (i) you own the User Content posted by you on the Service or otherwise have the right to grant the licenses set forth in these Terms of Service, and (ii) your User Content and the use of it by Brain Rewiring as permitted by the license granted in these Terms of Service does not violate the privacy rights, publicity rights, Intellectual Property Rights, or other rights of any person.
11. Bypassing or Disabling any Portion of the Offerings or Software
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on the Offerings infrastructure. If you bypass or disable any portion of the Offerings or associated software including, without limitation, the blocking of cookies, or blocking the operation of any other systems, you are in violation of the Agreement and Brain Rewiring may suspend or terminate your use of the Offerings without notice. Termination of your access to the Offerings will not excuse you from any criminal or other civil liability that may result from your actions.
You agree to indemnify and hold Brain Rewiring and its subsidiaries, and each of their respective members, officers, directors, employees, agents, co - branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third - party due to or arising out of:
your use of any of the Offerings;
your breach of the Agreement;
your violation of any rights of another individual and/or entity;
any dispute between you and any Member, Third - Party Provider or other third - party;
your Member Content;
any other action taken by you that causes Brain Rewiring liability. T
The provisions of this Section 13 are for the benefit of Brain Rewiring, its subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
13. Disclaimer of Warranties
THE BRAIN REWIRING OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER BRAIN REWIRING PRODUCTS AND/OR SERVICES, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY AND ALL WARRANTIES, EXPRESS AND/OR IMPLIED, ARE DISCLAIMED TO TH E FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON - INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, BRAIN REWIRING MAKES NO WARRANTY THAT THE OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER BRAIN REWIRING PRODUCTS AND/OR SERVICES:
WILL MEET YOUR REQUIREMENTS;
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR - FREE OR THAT DEFECTS WILL BE CORRECTED;
WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE PROGRAMS;
WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SAME, OR AGAINST INFRINGEMENT;
WILL RESULT IN ANY SPECIFIC HAPPINESS, MENTAL HEALTH, PSYCHIATRIC OR OTHER BENEFIT OR RELATED OUTCOME; AND/OR
WILL BE ACCURATE OR RELIABLE. THE OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER BRAIN REWIRING PRODUCTS AND/OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
BRAIN REWIRING WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE APP. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BRAIN REWIRING, ANY MEMBERS, THIRD-PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE OFFERINGS AND/OR MEMBER CONTENT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
14. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRAIN REWIRING SHALL NOT BE LIABLE TO YOU OR ANY THIRD - PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PAIN AND SUFFERING, PERSONAL INJURY/WRONGFUL DEATH, LOSS OF INCOME, LOSS OF CONSORTIUM, BUSINESS INTERRUPTION, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BRAIN REWIRING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BRAIN REWIRING ALSO SHALL NOT BE LIABLE TO YOU OR ANY THIRD - PARTY FOR:
THE USE OR THE INABILITY TO USE THE BRAIN REWIRING OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER BRAIN REWIRING PRODUCTS AND/OR SERVICES;
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND /OR ANY OTHER BRAIN REWIRING PRODUCTSAND/OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE OFFERINGS AND/OR MEMBER CONTENT;
THE FAILURE TO REALIZE ANY SPECIFIC HAPPINESS, MENTAL HEALTH, PSYCHIATRIC OR OTHER BENEFIT OR RELATED OUTCOME; AND
ANY OTHER MATTER RELATING TO THE BRAIN REWIRING OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER BRAIN REWIRING PRODUCTS AND/OR SERVICES.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, SECURITIES LAW VIOLATIONS, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MEDICAL AND OTHER MALPRACTICE, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE BRAIN REWIRING FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF BRAIN REWIRING TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE BRAIN REWIRING OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER BRAIN REWIRING PRODUCTS AND/OR SERVICES MAY BE BROUGHT BY YOU OR BRAIN REWIRING MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BRAIN REWIRING. ACCESS TO THE OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER BRAIN REWIRING PRODUCTS AND/OR SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS BRAIN REWIRING’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. Third-Party Websites
The Brain Rewiring Offerings contain links to other websites on the Internet that are owned and operated by third parties, including Third-Party Providers. In some instances, these websites may be co - branded and the third parties are entitled to use Brain Rewiring’s name and logo on their third-party websites. Brain Rewiring does not control the information, products or services available on these third-party websites. The inclusion of co - branding and/or links does not imply endorsement by Brain Rewiring of the applicable website or any association with the website’s operators. Because Brain Rewiring has no control over such websites and resources, you agree that Brain Rewiring is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers, Third-Party Providers featured on the App, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable Third-Party Provider, advertiser or other third - party, as applicable. You further agree that Brain Rewiring shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
16. Member Information
represent and warrant that Brain Rewiring’s use of your submission does not and will not breach any agreement, violate any law or infringe any third - party’s rights and is true and accurate in all respects;
agree that Brain Rewiring is free to use, in any manner, all or part of such Member Content and/or materials on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and
grant Brain Rewiring all necessary rights, including a waiver of all copyright, trademark, service marks, privacy, right of publicity and moral rights, to use all Member Content and/or materials, in whole or in part, or as a derivative work, without any duty by Brain Rewiring to anyone whatsoever.
17. Copyright Policy/DMCA Compliance
Brain Rewiring reserves the right to terminate the membership of any Member who repeatedly infringes upon third - party copyright rights. If you believe that a copyrighted work has been copied and/or posted on or via the App and/or Services in a way that constitutes copyright infringement, you should provide Brain Rewiring with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
an identification and location on the App (or otherwise) of the copyrighted work that you claim has been infringed upon;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law;
your name and contact information, such as telephone number or e - mail address; and
a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Contact information for Brain Rewiring’s Copyright Agent for notice of claims of copyright infringement is as follows:
Attn: DMCA/Copyright Agent
Brain Rewiring Inc.
18. Dispute Resolution Provisions
The Agreement shall be treated as though it were executed and performed in San Francisco, California and shall be governed by and construed in accordance with the laws of the State of California, U.S.A. (without regard to conflict of law principles).
Should a dispute arise concerning the Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto the parties agree to submit their dispute for resolution by binding arbitration before the American Arbitration Association in San Francisco, California, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; provided, however, that any claims, disputes, actions or proceedings by Brain Rewiring relating to its intellectual property rights and/or to prevent unfair competition, misappropriation of trade secrets, unauthorized access, fraud, industrial espionage, and or fraud (including compute r fraud) may be brought in the federal courts in the City and County of San Francisco, California U.S.A. and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
To the extent permitted by law, you agree that you will not join any arbitral claim with the claim of any other person or entity, and you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Brain Rewiring and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Brain Rewiring incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits:
does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provide d above; and
is an independent agreement. You may opt - out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the App.
Brain Rewiring makes no claim that the App or the Offerings may be lawfully viewed or that Content may be downloaded outside the U.S.A. Access to the App and Content and use of the Offerings may not be legal by certain persons or in certain countries. If you access the App and use the Offerings from outside the U.S.A., you do so at your own risk, and you are responsible for compliance with the laws of your jurisdiction.
Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Headings used in this Agreement are for convenience only and have no legal or contractual significance. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors, heirs, and assigns of both parties, as the case may be. Brain Rewiring may assign this Agreement in whole or in part at any time without your consent. You may not assign this Agreement or delegate any of your obligations hereunder.
20. Contact Us
To contact us directly with any questions or comments that you may have, send an email to email@example.com. We endeavor to listen to or read, as applicable, every message sent in and to reply promptly to each one. The information that is provided by you is used to respond directly to your questions or comments. If you have any questions about the Agreement, the Offerings or the practices of Brain Rewiring, please feel free to contact us at firstname.lastname@example.org.
21. GDPR Commitment
As has been widely reported, the European Union has taken a large step in protecting the fundamental right to privacy for every EU resident with the General Data Protection Regulation (GDPR), which went into effect on 25th May 2018.
EU residents will now have greater say over what, how, why, where, and when their personal data is used, processed, or disposed of. This rule clarifies how the EU personal data laws apply even beyond the borders of the EU. Any company that works with EU residents' personal data in any manner, irrespective of location, has obligations to protect the data.
At Brain Rewiring, we take the trust placed in us to strictly secure and protect our customers data very seriously and welcome the General Data Protection Regulation (GDPR). We believe that every business should be held accountable to the same high standards to which we hold ourselves and appreciate these new measures of accountability that we can use to improve our practices.
We are fully committed to GDPR.
As always, Brain Rewiring is committed to protecting our users’ privacy. That will never change. These enhancements clarify and provide additional information about:
Our users’ privacy rights and how to exercise them;
How we collect, use, share and protect personal data;
How we operate in our capacity as a data processor acting on our users’ behalf.
We will continue to actively monitor regulatory guidance and interpretations of key GDPR requirements to make sure we stay current with all legal requirements and privacy best practices.