BrainAcuity.com Terms of Service
Effective Date: July 21, 2023
Welcome to BrainAcuity.com! These Terms of Service (“TOS”) govern your use of our website, services, and any related features (collectively referred to as the “Service”). By accessing or using BrainAcuity.com, you agree to be bound by these TOS. Please read them carefully before using our Service. If you do not agree with these terms, you should not use our website or services.
1. Acceptance of Terms
By accessing or using BrainAcuity.com, you acknowledge that you have read, understood, and agree to be bound by these TOS. If you are using the Service on behalf of an organization, you are agreeing to these terms on behalf of that organization and represent that you have the authority to do so. These TOS constitute a legally binding agreement between you and BrainAcuity.com.
2. Website Access and Use
2.1. License: Subject to your compliance with these TOS, BrainAcuity.com grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for personal and non-commercial purposes.
2.2. Prohibited Activities: You agree not to engage in any unauthorized use of the Service, including but not limited to reverse engineering, decompiling, disassembling, or otherwise attempting to obtain the source code of the Service.
3. Intellectual Property
3.1. BrainAcuity.com Content: All content and materials available on the Service, including but not limited to logos, trademarks, text, graphics, images, videos, software, and other materials (“BrainAcuity Content”), are the property of BrainAcuity.com and protected by applicable intellectual property laws.
3.2. User Content: By submitting User Content to the Service, you grant BrainAcuity.com a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the User Content in any media, format, or platform.
4. User Registration
To access certain features of the Service, you may be required to create a user account. You are responsible for maintaining the confidentiality of your account credentials and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use or security breach of your account.
5. Conditions for Linking to Website
You may link to BrainAcuity.com’s homepage, provided you do so in a way that is fair, legal, and does not damage our reputation or take advantage of it. However, you may not suggest any form of association, endorsement, or approval by BrainAcuity.com without our express written consent.
6. Website Content & Third-Party Links
6.1. Our Website Content on Other Sites: You may not copy, reproduce, distribute, modify, or create derivative works based on our BrainAcuity Content on other websites or platforms without our prior written permission.
6.2. Third-Party Links: The Service may contain links to third-party websites or resources. These links are provided for your convenience, and BrainAcuity.com does not endorse or control the content or policies of any third-party websites. You acknowledge and agree that BrainAcuity.com shall not be responsible for any damages or losses incurred due to your use of such third-party links.
7. Mobile and Widgets
If you access the Service through a mobile device or use any widgets provided by BrainAcuity.com, you agree to these TOS and acknowledge that standard data and messaging rates may apply.
Any downloads from BrainAcuity.com are at your own risk, and BrainAcuity.com shall not be liable for any damages to your computer system or loss of data resulting from downloading content from the Service.
You agree to indemnify and hold BrainAcuity.com and its affiliates, officers, directors, employees, agents, partners, and licensors harmless from any claims, losses, damages, liabilities, and expenses (including attorney’s fees) arising out of or related to your use of the Service or violation of these TOS.
BrainAcuity.com provides the Service on an “as-is” and “as available” basis. We make no warranties or representations of any kind, express or implied, regarding the Service, including but not limited to its accuracy, reliability, fitness for a particular purpose, or non-infringement.
11. Limitation on Liability
To the extent permitted by applicable law, BrainAcuity.com and its affiliates, officers, directors, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of the Service, even if we have been advised of the possibility of such damages.
BrainAcuity.com may terminate or suspend your access to the Service at any time, with or without cause, without prior notice or liability.
13. Copyright Policy
If you believe that any content on the Service infringes your copyright, please review our Copyright Policy, located at [Copyright Policy URL], for instructions on how to submit a notice of infringement.
14. Choice of Law; Jurisdiction and Venue
These TOS shall be governed by and construed in accordance with the laws of [Your Jurisdiction]. Any disputes arising under or in connection with these TOS shall be subject to the exclusive jurisdiction of the courts located in [Your Jurisdiction].
15. Dispute Resolution; Binding Arbitration
Any dispute arising from or relating to these TOS or your use of the Service shall be resolved through binding arbitration. The arbitration shall be conducted in accordance with the rules of [Arbitration Association] before a single arbitrator.
16. No Class Actions
To the fullest extent permitted by law, you and BrainAcuity.com agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action.
17. No Trial by Jury
You and BrainAcuity.com waive the right to a trial by jury in any legal proceeding arising from or related to these TOS or your use of the Service.
18. Territorial Restrictions
The Service is intended for use by individuals located within [Your Jurisdiction]. If you access or use the Service from outside [Your Jurisdiction], you do so at your own risk and are responsible for complying with local laws and regulations.
19.1. Entire Agreement: These TOS constitute the entire agreement between you and BrainAcuity.com concerning the Service and supersede any prior agreements between you and BrainAcuity.com.
19.2. Severability: If any provision of these TOS is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect.
19.3. Waiver: The failure of BrainAcuity.com to enforce any right or provision in these TOS shall not constitute a waiver of such right or provision.
Thank you for using BrainAcuity.com! We hope you enjoy our service and find it valuable for enhancing your cognitive abilities and learning experiences.