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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BrainTrain, Inc., are superseded by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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