Terms of Service
Effective: May 5, 2020
The following terms (the “Agreement”) constitute an agreement between Brain Power, LLC, including its affiliates, partners, research collaborators, and subcontractors (“Brain Power”, “we”, “our”, “us”) and you (“you” or “the user”). The Agreement governs the use of our world wide web sites including my.brain-power.com, www.brain-power.com, related sites, and newsletters or mailings to those who visit them (the “Site”) by you. The Agreement also governs your use of Brain Power’s products and services such as those known from time to time as The Brain Power Autism System, Empower Me, Empowered Brain, PRISMS, REGAIN, Brain Buddy, Brain Guard, Learning Eye, Fidgetology, Mind Power, Brain Cloud, Meducation, Augmental, and other related products and services (collectively, the “Platform”).
For the purposes of the Agreement, “you” may be a natural person or a group of natural persons of any age. You may also be an entity or affiliation group that includes persons of any age, such as a school, classroom, clinic, marital community, family, church, parents’ group, meetup group, support group, advocacy group, therapy group, employer, corporation, research community, veterans’ group, or other group or entity.
By accessing or using the Site or the Platform, you agree to be bound by the terms of this Agreement. To the extent that you register on the Site or with the Platform as a Member, then in addition to the terms that are applicable to all users of the Site or Platform, the terms that apply only to Members shall additionally apply to you.You agree to ensure that all persons in your group or entity are bound by the Agreement, and that others consent if your use of the Site or Platform may result in aspects covered in the Agreement applying to them, including gathering of their data. If you do not accept the terms of this Agreement, you may not use the Site or the Platform.
To become a Member and use the Site or Platform as a Member, Brain Power requires that you are aged 13 or older. By registering as a Member, you represent that you are age 13 or older.
>Brain Power particularly invites you to become a Member if you are: (a) a person with a neurological difference, including autism spectrum disorder, ADHD, traumatic brain injury, etc., (b) a caregiver for a person or persons with a neurological difference, (c) an educator of a person or persons with a neurological difference, (d) a healthcare professional (e.g. doctor, nurse, health researcher, therapist, etc.), (e) a guest with legitimate, non-commercial reasons to participate in the community and who agrees to respect the privacy and preserve the dignity of all community participants, or (f) a guest authorized by a Brain Power employee.
The Site and Platform Do Not Provide Medical Advice, Diagnosis, Treatment, or Cure.
The Site and Platform provide information only and are not a substitute for professional medical advice, diagnosis, or treatment. Always consult a physician or other qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice or delay seeking it because of information provided by the Site or Platform.
Brain Power does not recommend or endorse any specific physicians, products, test, procedures, opinions, or other information that may be mentioned on the Site or Platform. Reliance on any information provided by Brain Power, by persons appearing on the Site at the invitation of Brain Power, or by fellow Members is solely at your own risk.
Acceptable and Lawful Use
You shall not post or upload information or other content on the Site or via the Platform that is false, inaccurate, misleading, obscene, indecent, pornographic, copyright-infringing, secret, defamatory, libelous, threatening, abusive, or hateful. You shall not interfere with other users’ or Members’ use and enjoyment of the Site or Platform (for example, by harassing, threatening, soliciting, overly promoting personal interests, or stalking another Member or other user, including the use of expressions of bigotry, racism, hatred, or profanity). You may not use the Site to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.
Members represent and warrant that any information they provided when registering as a Member, and all information that they subsequently provide, is true and accurate and not misleading.
No Interference with Operation of Site
You may not use any robot, spider, scraper, or other automated means to access the Site or content or services provided on the Site for any purposes. You may not post content on the Site that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Site unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by members, or collect information about our members, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of your membership account to take such actions.
Site for Non-Commercial Use Only
The Site content is for the personal use of individual members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members and should not use the Site without express consent from Brain Power. Members of Brain Power with individual commercial interests may not solicit or overtly promote their products or services within the Member Area. All content shared within the site is not for external use. To garner permission and access to members, please direct all media and analyst inquiries to email@example.com and all research requests to firstname.lastname@example.org. Representatives from life sciences and insurance companies are prohibited from creating profiles in our communities. Please direct inquiries to email@example.com.
Posting and Use of Content
While some community areas in the Member Area are monitored periodically for topicality, Brain Power has no obligation to prescreen postings and is not responsible for their content. We encourage you to notify us of inappropriate or illegal content and we reserve the right to remove postings for any reason.
You agree not to disclose to any person or entity personally identifiable information about other members that you encounter while using this Site (whether posted in the Member Area by a member or emailed to you by a member) without the express consent of such member. You may disclose information of a general nature (that could not identify the member who provided such information or whom such information is about) to third parties outside this Site, subject to the above restriction on non-commercial use.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Submission or other content at this Site infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site; (iii) a description of the location on the Site of the allegedly infringing material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If a User Submission that you submitted has been removed as a result of a notification as described above and you believe that such a User Submission or portion of a User Submission was posted lawfully, please contact us about our counter-notification procedure through which you can dispute the allegation and request re-posting of the User Submission content at issue.
Brain Power’s designated Copyright Agent for notice of claims of infringement is:
Brain Power, LLC
One Broadway, 14th Floor
Cambridge, MA 02142
Only notices of alleged copyright infringement and requests about the counter-notification procedures should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Brain Power at firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
Member Password and Login Identity
You are responsible for maintaining the confidentiality of your member password and login, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your membership privileges may be suspended temporarily or terminated. You agree to immediately notify Brain Power of any unauthorized use of your membership password or login or any other breach of security.
Links to Other Websites
The Site may contain links to other websites that are not under the control of Brain Power. The inclusion of any link does not imply endorsement by Brain Power of such site and Brain Power is not responsible for the content of such linked sites.
Modifications to this Agreement
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. We encourage you to review this Agreement periodically for any updates or changes, which will have an updated effective date.
You agree that Brain Power may, with or without cause, immediately terminate your Brain Power membership or limit or terminate your access to the Site without prior notice. Without limiting the foregoing, the following may lead to a termination by Brain Power of a member’s membership and use of the Site: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Brain Power has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Site.
Membership with Brain Power may include fees. Brain Power reserves the right to from time to time change the terms of this Agreement and alter membership fees and/or to provide additional optional services for fees.
Disclaimer of Warranties
The Site and the content and services made available on the Site are provided on an “as is” and “as available” basis. Brain Power does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the Site, the Site content, or any advice or services provided through the Site to the extent permitted by law. Brain Power does not warrant that access to the Site or its content or services will be uninterrupted or error-free or that defects in the Site will be corrected.
Limitation of Liability
Under no circumstances shall Brain Power, its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, or consequential damages (even if it has been advised of the possibility of such damages) due to your use of this Site or due to your reliance on any of the content contained or the services provided on the Site.
You agree to indemnify and hold harmless Brain Power, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.
Purchasing Products or Services
Brain Power may from time to time make certain products or services (the “Products”) available for you to purchase on the Site. If you purchase a Product on the site the following terms and conditions apply to your purchase in addition to the other Terms and Conditions contained herein:
Chargebacks and Failed Payments
If you purchase a Product with a credit card, and your credit card is declined or you reverse or dispute the charges, we have the right to collect any unpaid amounts via collection agencies and to report the unpaid amount as an unpaid consumer debt to credit reporting agencies.
Transfer of Ownership
Brain Power retains all title and interest the Products until you have paid for them in full. If you purchase a Product with a credit card, and your credit card is declined or you reverse or dispute the charges, we have the right to collect any unpaid amounts via collection agencies and to report the unpaid amount as an unpaid consumer debt to credit reporting agencies. In addition to the above, we also have the right to repossess all unpaid Products.
If you purchase a subscription product such as a “Monthly Plan,” you may cancel your subscription at any time, but if you cancel before the minimum subscription length, you are required to return the product in its original packaging within 10 days of cancellation. Product must be undamaged and in working condition. If you do not return the product within 10 days of cancellation, you authorize us to charge your credit card the difference between the “Own it Now” price of the product and the total amount you have paid in subscription fees up to the point of cancellation, at which point you will own the product. If your credit card is declined or you reverse or dispute the charges, we have the right to collect any unpaid amounts via collection agencies and to report the unpaid amount as an unpaid consumer debt to credit reporting agencies.
30-Day Money-Back Guarantee
Unless otherwise stated in the product description you have thirty days from the date of delivery to return the product for a full refund of the product purchase price plus any taxes paid. You must ship the product back, in its original packaging, undamaged and in its original, new condition, within thirty days of the date of delivery in order to be eligible for a refund. After we inspect your product and confirm it is in its original condition, we will issue a full refund to your original means of payment. If you dispute or reverse a charge through your credit card company, we have the right to collect any unpaid amounts via debt collection agencies, and to report the unpaid debt to consumer credit reporting agencies.
Any Product that includes hardware manufactured by a party other than Brain Power may be covered by a warranty offered by the original hardware manufacturer. Brain Power does not provide a warranty for any hardware or other products manufactured or created by third parties, even if you purchase them on this Site. You must contact the manufacturer directly for information and warranty service. Brain Power will assist you in contacting the manufacturer and will provide you with proof of purchase if necessary, but Brain Power is not responsible if the original manufacturer does not or is not willing to provide you with warranty service.
To the extent permissible under applicable law, in no event will Brain Power’s liability in connection with your purchase and use of any Product exceed the amounts actually paid by you to Brain Power for the Product. This limitation applies to all causes of action in the aggregate.
Brain Power shall not be held liable for any delays in shipping Product purchased on this Site, and your sole remedy shall be cancellation of the order and refund of the purchase price of the delayed Product.
If you register as a member, you agree that Brain Power may send notices to you by email at the email address you provide when registering to become a member (or which you later update using the functionality of the Site).
ARBITRATION CLAUSE AND CLASS ACTION WAIVER—IMPORTANT—PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS TERMS AND CONDITIONS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Terms and Conditions.
- If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
Governing Law and Venue
This agreement shall be governed by the laws of the Commonwealth of Massachusetts and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with membership in or use of the Site, shall be litigated exclusively in the state and federal courts residing in the Commonwealth of Massachusetts, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the Commonwealth of Massachusetts.
Brain Power™ and the Brain Power logo are trademarks of Brain Power. You agree not to display or use these trademarks in any manner without Brain Power’s prior, written permission.
Brain Power may assign this agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this agreement.
If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
For any questions or comments, or to report violations of this agreement, please let us know, or contact us at:
Brain Power, LLC
Attn: Terms and Conditions Issues
One Broadway, 14th Floor
Cambridge, MA 02142