BrainTrain Terms of Use Policy

This document was last updated on 5/17/2006

The materials and information contained within this website are provided by BrainTrain, Inc. as a service to our customers, employees and other interested persons. These materials may be used for informational, non-commercial purposes only.

Access to this website is subject to the following terms and conditions, and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, the terms and conditions stated below, and you acknowledge that any other agreements relating to the subject matter hereof between you and BrainTrain, Inc., are superseded by these terms and conditions.

Terms and Conditions

The information on this website, including text and images, is copyrighted by BrainTrain, Inc., All Rights Reserved.

BrainTrain, Inc., strictly prohibits the distribution, modification, transmission, reuse, reposting or use of this website for public or commercial purposes, including text and images, without the company's express written permission. The trademarks, logos, and service marks displayed on this website are registered and common law trademarks of BrainTrain. All product names mentioned on this website are acknowledged as the trademarks or registered trademarks of their respective owners. Nothing contained on this website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark displayed on the website without the written permission of BrainTrain, Inc., or by the owner of any trademarks displayed on this website.

Limitation of Liability

In no event will BrainTrain, Inc., be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this website or any linked website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if BrainTrain, Inc., or its representatives, are advised of the possibility of such damages, losses or expenses.

Neither BrainTrain, Inc., any of its affiliates, agencies, nor any other party involved in creating, producing, or delivering this website are liable for any direct, incidental, consequential, indirect, or punitive damages arising out of access to or use of the site. This limitation of liability also includes negligence, for all consequences of any person acting on, or refraining from acting in reliance on, information contained in this site.

Limitation of Warranty

Without limiting the foregoing, everything on this site is provided to you "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement of intellectual property.

Protection of Content

While it is the intention of BrainTrain, Inc., to provide factual and up-to-date information, there may be inadvertent inaccuracies and typographical errors. BrainTrain, Inc., reserves the right to make changes, corrections and updates at any time, without notice. The information provided on this website is provided "as is." BrainTrain, Inc., makes no warranty as to the accuracy or completeness of the information, text, graphics, links or other items contained on this website and disclaims liability for errors or omissions and inaccuracies found herein.

BrainTrain, Inc., assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, computer equipment or any property resulting from access to, use of, browsing on this site or downloading of any materials, data, text or images from the website. In addition, by using this website, the visitor expressly acknowledges and agrees that BrainTrain, Inc., is not liable or responsible for any defamatory, offensive or illegal conduct of any kind by third parties. Also, BrainTrain, Inc., is not responsible for the content of any off-site pages or of any other sites linked to this website.

BrainTrain, Inc., shall not be liable for the use or interpretation by others of information contained within this website. Decisions based on information contained in this website are the sole responsibility of the visitor and are made at the visitor's sole risk. In consideration for access to and use of website, the visitor agrees to hold BrainTrain, Inc., and its subsidiaries and affiliates harmless from and against any and all damages and claims of any kind or nature arising from the use of this website or any decisions that the visitor makes based on such information.

Governing Law

Use of this site shall be governed by all applicable Federal laws of the United States of America and by the laws of the State of Virginia. BrainTrain, Inc., reserves the right to revise these Terms and Conditions at any time. All users are bound by any such revisions and should therefore periodically visit this page to review binding current Terms and Conditions.

This Agreement shall be governed and construed in accordance with the laws of the State of Virginia applicable to agreements made and to be performed in Virginia. Any legal action or proceeding for any purpose concerning this Agreement, the website, or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Virginia. Any such complaint filed in any jurisdiction apart from the State of Virginia shall be barred.

Any cause of action or claim against BrainTrain, Inc., with respect to this website must be commenced in the proper forum within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Failure by BrainTrain, Inc., to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. BrainTrain, Inc., may assign its rights and duties under this Agreement to any party at any time without notice.

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