Terms of Use

WEBSITE TERMS OF USE

Last Modified: 01.07.2021

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1. Acceptance of the Terms of Use.

These terms of use are entered into by and between you and Hardy Brain Training Inc. (”Company,” “we,” or “us”).  The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of  any content, functionality and services offered on or through www.hardybraintraining.com, www.hardybraincamp.com, www.hardylearning.com, www.hardyfocus.com and www.sherriehardy.com (“Websites”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use any of the Websites.  By using any of the Websites, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy , incorporated herein by this reference.  If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use any of the Websites.

The Websites are offered and available to users who are 18 years of age or older and reside in the United States.  If you do not meet these requirements, you must not access or use any of the Websites.  The only exception to the age requirement is children under the age of 18 (each, a “minor child”) that may be permitted access to certain restricted features of the Websites through a user account login that the Company will not enable without the express prior consent of the minor child’s parent or legal guardian.  If you, as a parent or legal guardian, have agreed to allow your minor child to use the Websites, you agree that you shall be solely responsible for: (a) the online conduct of such minor child; (b) monitoring such minor child’s access to and use of the Websites; (c) the consequences of any use of the Websites by such minor child; and (d) your minor child’s breach or violation of any of these Terms of Use.

2. Changes to the Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion.  All changes are effective immediately upon posting and apply to all access to and use of the Websites thereafter.  However, any changes to the dispute resolution provisions set out in the “Governing Law and Jurisdiction” provision below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the applicable Website(s).  You acknowledge and agree that it is your responsibility to review these Terms of Use periodically and to be aware of any modifications.  Your continued use of the Websites after such modifications will constitute your acknowledgment of the modified terms and your agreement to be bound by them.

3. Accessing the Websites and Account Security.

We reserve the right to withdraw or amend any of the Websites, and any service or material we provide on any of the Websites, in our sole discretion without notice.  We will not be liable if for any reason all or any part of any Website is unavailable at any time or for any period.  From time to time, we may restrict access to parts of the Websites, or a particular Website in its entirety, to users, including registered users.

You are responsible for both:

  1. Making all arrangements necessary for you to have access to the Websites.
  2. Ensuring that all persons who access the Websites through your internet connection are aware of these Terms of Use and comply with them.

To access the Websites or any of the resources they offer, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current and complete.  You agree that all information you provide to register with the Websites or otherwise, including without limitation through the use of any interactive features on the Websites, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity except to your minor child, as applicable.  This applies whether such information enables you or your minor child to access restricted portions of our Websites or any third-party websites for which the Company provides you access.  You also acknowledge that your user account is personal to you and your minor child, and agree not to provide any other person with access to any of the Websites or third-party websites using your username, password or other security information.  You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.  You also agree to ensure that you and your minor child exit from your user account at the end of each session.  You should use particular caution when accessing your user account, or permitting your minor child to access your user account, from a public or shared computer so that others are not able to view or record your username, password or other personal information of you or your minor child.  We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

4. Copyright, Trademarks and Other Intellectual Property.

The Websites, and any services offered for sale by or through the Websites (“Services”), and their respective contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

The Company grants you a limited, personal, non-commercial, non-assignable license to access and use the content, features and functionality of the Websites (and to the Services if you have paid to access such Services).  As a condition of such license, you agree: (a) not to resell or make any commercial use of the Websites, the content on any Website, or any Services; (b) not to reproduce, display, duplicate, distribute, perform, transmit, modify, copy, sell, resell or otherwise exploit the Websites, any content on any Website, or any Services for any commercial purpose without the Company’s express written consent; and (c) not to make any derivative use of the Websites, the content on any Website, or any Services.  No right, title or interest in or to the content, features and functionality of the Websites (and to the Services if you have paid to access such Services) is transferred to you, and all rights not expressly granted are reserved by the Company.  

All trademarks, service marks, trade names and domain names used on the Websites or within any Services (including but not limited to the “Hardy Brain Training”, “Hardy Brain Camp”, ”Hardy Learning” and “Hardy Focus” and all related names, logos, product and service names, designs and slogans) are trademarks or registered trademarks of the Company, or in certain cases, its licensors, which may not be used without the Company’s prior written permission.  Except as expressly provided in these Terms of Use, nothing contained on the Websites or within any Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Websites or within any Services.  All other names, logos, product and service names, designs and slogans on the Websites or within any Services are the trademarks of their respective owners, and may not be used without the owner’s prior written consent.

If you breach any of these Terms of Use, including any of the terms in this Section 4, your right to use the Websites and any Services automatically terminates.  You are also advised that the Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.  

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5. Prohibited Uses.

You may use the Websites only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Websites:

  1. In any way that violates any applicable federal, state, local or international law or regulation (including without limitation any laws regarding the export of data or software to and from the US or other countries).
  2. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  3. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  4. To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  5. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as determined by us, may harm the Company or users of the Websites, or expose them to liability.

Additionally, you agree not to:

  1. Use the Websites in any manner that could disable, overburden, damage or impair the site or interfere with any other party’s use of the Websites, including their ability to engage in real time activities through the Websites.
  2. Use any robot, spider or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites.
  3. Use any manual process to monitor or copy any of the material on the Websites, or for any other purpose not expressly authorized in these Terms of Use, without the Company’s prior written consent.
  4. Use any device, software or routine that interferes with the proper working of the Websites.
  5. Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
  6. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the server(s) on which the Websites is/are stored, or any server, computer or database connected to the Websites.
  7. Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.
  8. Otherwise attempt to interfere with the proper working of the Websites.

6. Reliance on Information Posted.

The information presented on or through the Websites is made available solely for general information purposes.  We do not warrant the accuracy, completeness or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Websites, or by anyone who may be informed of any Website contents.

The Websites may include content provided by third parties, including materials provided by third parties.  All statements and/or opinions expressed in these materials, and all articles and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of the Company.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

7. Information About You and Your Visits to the Websites.

All information we collect on or through the Websites is subject to our Privacy Policy.  By using the Websites, you consent to all actions taken by us with respect to your information, and the information of your minor child, in compliance with the Privacy Policy.

‌8. Online Purchases and Other Terms and Conditions.

All purchases of Services or products through the Websites are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.

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9. Linking to the Websites.

You may link to our homepages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.  Subject to the foregoing, you must not:

  1. establish a link from any website that is not owned by you.
  2. cause the Websites or portions of them to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking or in-line linking.
  3. link to any part of the Websites other than their homepages.
  4. otherwise take any action with respect to the materials on the Websites that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking to stop immediately.  We reserve the right to withdraw linking permission without notice.

10. Geographic Restrictions.

The Company is headquartered in the State of North Carolina in the United States.  We provide the Websites for use only by persons located in the United States.  We make no claims that the Websites or any Website content is accessible or appropriate outside of the United States.  Access to the Websites may not be legal by certain persons or in certain countries.  If you access the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

11. Confidential and Proprietary Information.

The Company does not expect or desire to receive confidential or proprietary information from users of the Websites.  Please note that any information or materials (including without limitation, testimonials) you send to the Company through the Websites (through our Contact Pages, private Message Boards or otherwise) will be deemed by the Company as non-confidential.  By sending the Company any such information or materials, you grant the Company an unrestricted, irrevocable, world-wide, royalty-free license to use, reproduce, display, perform, modify, transmit and distribute such information or materials, and you also agree that the Company is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

12. Disclaimer of Warranties.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITES LINKED TO THEM.

YOUR USE OF THE WEBSITES, THEIR CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK.  THE WEBSITES, THEIR CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITES.  WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITES, THEIR CONTENT, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

13. Medical Advice Disclaimer.

Any information presented on or through the Websites is not intended to diagnose, cure, treat or prevent any medical or psychological problem or disorder, including without limitation any neurological deficits, learning disabilities, ADHD, dyslexia, dementia or similar disease.

‌14. Limitation of Liability.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  IN NO EVENT SHALL THE COMPANY ‘S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THESE TERMS OF USE, THE WEBSITES, OR YOUR USE OF OR INABILITY TO USE THE WEBSITES EXCEEDS THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE WEBSITES OR ANY SERVICES OFFERED THROUGH THE WEBSITES.  THE FOREGOING LIMITATIONS DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

15. Indemnification.

You agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Websites or any Services other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Websites or through your use of the Services.  The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.  You agree not to settle any matter without the prior written consent of the Company.

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16. Governing Law and Jurisdiction.

All matters relating to the Websites and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).

Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Websites (including but not limited to your purchase of the Company’s services or products) or these Terms of Use shall be resolved individually, without resort to any form of class action, and exclusively in the federal courts of the United States or the courts of the State of North Carolina, in each case located in the City of Durham, North Carolina, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in the courts of your state, province or country of residence.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.  By using the Websites, you agree that any notice, agreement, disclosure or other communication that the Company sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.  Your access, viewing or use of the Websites constitute your express permission and consent to the jurisdiction in such courts for the purposes of such actions.  In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees.  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17. Special Notices.


California Consumer Protection Notice: Under California Civil Code Section 1789.3, California internet users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Websites, please contact the Company by sending an email to info@hardybraintraining.com.  You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.    

ECPA Notice: The Company treats email messages and other communications through the Websites as private.  Exceptions are those permitted by law included under the Electronic Communications Privacy Act of 1986, 18 U.S.C. Sections 2701-2711 (the “ECPA“).  The ECPA permits the Company’s limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate the Company’s system or to protect the Company’s rights or property; (ii) upon legal demand (court orders, warrants, subpoenas); or (iii) where the Company receives information inadvertently which appears to pertain to the commission of a crime.  The Websites are not considered a “secure communications medium” under the ECPA.


USA Patriot Act Notice: The U.S. federal USA Patriot Act provides generally for the operator of a communication host and law enforcement to be able to monitor any content, upon request of the operator.  The Company anticipates fully complying with all of its obligations, and availing itself of all of its rights, under this act.

18. Claims of Copyright Infringement.


The Company respects the intellectual property of others, and asks you to do the same.  The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law.  If you believe in good faith that materials available on the Websites infringe your copyright, you (or your agent) may send the Company a notice requesting that the Company remove the materials or block access to them.  If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send the Company a counter-notice.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.  See http://www.copyright.gov/ for details.  Notices and counter-notices should be sent via email to info@hardybraintraining.com with the phrase “DMCA Notice” in the subject line.  We suggest that you consult your legal advisor before filing a notice or counter-notice.  Also, please be aware that there are penalties for false claims under the DMCA.

19. Waiver and Severability.

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

20. Entire Agreement.

The Terms of Use, Privacy Policy and Terms of Sale constitute the sole and entire agreement between you and the Company regarding the Websites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Websites.

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21. Your Comments and Concerns.
The Websites are operated by Hardy Brain Training Inc. located at 128 N. Churton St., Hillsborough, North Carolina  27583.  All feedback, comments, requests for technical support and other communications relating to the Websites or the programs offered through the Websites should be directed to: info@hardybraintraining.com.