Last Modified: 01.07.2021
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:
- Making all arrangements necessary for you to have access to the Websites.
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.
5. Prohibited Uses.
- 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).
- 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.
- 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.
- 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).
- 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:
- 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.
- 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.
- Use any device, software or routine that interferes with the proper working of the Websites.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
- 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.
- Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.
- 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.
8. Online Purchases and Other Terms and Conditions.
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:
- establish a link from any website that is not owned by you.
- 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.
- link to any part of the Websites other than their homepages.
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.
16. Governing Law and Jurisdiction.
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 email@example.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 firstname.lastname@example.org 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.
20. Entire Agreement.
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: email@example.com.