Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by MyBrainMed.com, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Payment and Renewal.
♣ General Terms.
By selecting a product or service, you agree to pay MyBrainmed.com the one-time and/or monthly or annual membership fees indicated (additional payment terms may be included in other communications).
Membership payments will be charged on a pre-pay basis on the day you sign up for a VIP membership and will cover the use of that membership for a monthly period as indicated. Payments arerefundable for
products when the empty bottle is received by CyberBiz Enterprises, LLC.
♣ Automatic Renewal.
Unless you notify MyBrainMed.com before the end of the applicable membership period that you want to
cancel a membership, your VIP membership will automatically renew and you authorize us to collect the
then-applicable monthly membership fee for such membership (as well as any taxes) using any credit card or
other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting
your request to MyBrainmed.com in writing.
♣ Fees; Payment. By signing up for a VIP membership you agree to pay MyBrainmed.com the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your membership is established
and in advance of using such membership. MyBrainmed.com reserves the right to change the payment terms
and fees upon thirty (30) days prior written notice to you. Membership can be canceled by you at anytime on
thirty (30) days written notice to MyBrainmed.com.
♣ Support. If your membership includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by
MyBrainmed.com to respond within three business days) concerning the use of the VIP Membership. "Priority" means that support takes priority over support for users of the standard Mybrainmed.com services. All support will be provided in accordance with MyBrainmed.com standard services practices, procedures and policies.
3.Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which MyBrainmed.com links, and that link to MyBrainmed.com. MyBrainmed.com does not have any control over those non-MyBrainmed.com websites and webpages, and is not responsible for their contents or their use. By linking to a non- MyBrainmed.com website or webpage, MyBrainmed.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MyBrainmed.com disclaims any responsibility for any harm resulting from your use of non-MyBrainmed.com websites and webpages.
4.Copyright Infringement and DMCA Policy. As MyBrainmed.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MyBrainmed.com violates your copyright, you are encouraged to notify MyBrainmed.com in accordance with MyBrainmed.com's Digital Millennium Copyright Act ("DMCA") Policy. MyBrainmed.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. MyBrainmed.com will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of MyBrainmed.com or others. In the case of such termination, MyBrainmed.com will have no obligation to provide a refund of any amounts previously paid to MyBrainmed.com.
5. Intellectual Property. This Agreement does not transfer from MyBrainmed.com to you any MyBrainmed.com, CyberBiz Enterprises, LLC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MyBrainmed.com. MyBrainmed.com, theMyBrainmed.com logo, CyberBiz Enterprises, LLC Logo, and all other trademarks, service marks, graphics and logos used in connection with MyBrainmed.com, or the Website are trademarks or registered trademarks of MyBrainmed.com or MyBrainmed.com's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MyBrainmed.com or third-party trademarks.
6. Changes. MyBrainmed.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. MyBrainmed.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
7. Termination. MyBrainmed.com may terminate your access to all or any part of the Website at any time, with or without cause,
with or without notice, effective immediately. If you wish to terminate this Agreement or your MyBrainmed.com membership
(if you have one), you may simply cancel your membership..
8. Disclaimer of Warranties. The Website is provided "as is". MyBrainmed.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MyBrainmed.com, CyberBiz Enterprises, LLC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
9. Limitation of Liability. In no event will MyBrainmed.com, or its suppliers or licensors, be liable with respect to any subject matter
of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MyBrainmed.com under this agreement during the twelve (12) month period prior to the cause of action. MyBrainmed.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11. Indemnification. You agree to indemnify and hold harmless MyBrainmed.com, CyberBiz Enterprises, LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of their products, including but not limited to your violation of this Agreement.
12. Miscellaneous. This Agreement constitutes the entire agreement between MyBrainmed.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MyBrainmed.com, or by the posting by MyBrainmed.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the products will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Orange County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Orange County, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or
any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MyBrainmed.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
CyberBiz Enterprises, LLC("MyBrainmed.com") operates MyBrainmed.com and may operate other websites. It is MyBrainmed.com's policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, MyBrainmed.com collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. MyBrainmed.com's purpose in collecting non-personally identifying information is to better understand how MyBrainmed.com's visitors use its website. From time to time, MyBrainmed.com may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
MyBrainmed.com also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on MyBrainmed.com blogs/sites. MyBrainmed.com only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
GATHERING OF PERSONALLY-IDENTIFYING INFORMATION
Certain visitors to MyBrainmed.com's websites choose to interact with MyBrainmed.com in ways that require MyBrainmed.com to gather personally-identifying information. The amount and type of information that MyBrainmed.com gathers depends on the nature of the interaction. For example, we ask visitors who sign up at MyBrainmed.com to provide a name and email address. Those who engage in transactions with MyBrainmed.com are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, MyBrainmed.com collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with MyBrainmed.com. MyBrainmed.com does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
MyBrainmed.com may collect statistics about the behavior of visitors to its websites. MyBrainmed.com may display this information publicly or provide it to others. However, MyBrainmed.com does not disclose personally-identifying information other than as described below.
PROTECTION OF CERTAIN PERSONALLY-IDENTIFYING INFORMATION
MyBrainmed.com discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on MyBrainmed.com's behalf or to provide services available at MyBrainmed.com's websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using MyBrainmed.com's websites, you consent to the transfer of such information to them. MyBrainmed.com will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, MyBrainmed.com discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when MyBrainmed.com believes in good faith that disclosure is reasonably necessary to protect the property or rights of MyBrainmed.com, third parties or the public at large. If you are a registered user of an MyBrainmed.com website and or product and have supplied your email address, MyBrainmed.com may occasionally send you an email to tell you about new products, solicit your feedback, or just keep you up to date with what's going on with MyBrainmed.com and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. MyBrainmed.com takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If MyBrainmed.com, or substantially all of its assets, were acquired, or in the unlikely event that MyBrainmed.com goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of MyBrainmed.com may continue to use your personal information as set forth in this policy.