Terms of Service

Last Modified:  April 2018
Terms of Service
Thank you for using BrainFitLife. BrainFitLife is created by Amen Ent. These Terms of Service (“TOS”) govern the use of BrainFitLife online at MyBrainFitLife.com and on mobile devices (collectively, “BrainFitLife”).
These TOS represent a binding contract between you and Amen Ent., and by creating an account or otherwise accessing BrainFitLife, you expressly agree to be bound by them, The TOS incorporate the provisions of the Privacy Policy, so please review them carefully as well. If you do not agree to be bound by the TOS, you may not use or purchase BrainFitLife.
 

  1. Your Account Information and Email

BrainFitLife provides personalized content and training experience. When you create an account, we require you to provide information about yourself, including your email address and a password (“Account Information”). You agree that we may send communications to your email address for customer service, confirmations, newsletters, product offers and other matters. You may choose to opt out of much of this email correspondence by using the links at the bottom of our emails. Please note that even if you opt out, we’ll still send you account-related emails, such as purchase confirmation and password reset emails.

  1. Intellectual Property

BrainFitLife is protected by U.S. and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not download, copy or store BrainFitLife content in any form outside of BrainFitLife and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any BrainFitLife content. You agree that all data and algorithms in our flash files and associated servers are “trade secrets” as defined, without limitation, in the California Uniform Trade Secrets Act. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in BrainFitLife. All intellectual property rights in BrainFitLife are, as between you and Amen Ent. the sole and exclusive property of Amen Ent.
Some BrainFitLife features either now or in the future may allow you to post or submit content and materials for publication on BrainFitLife (“Your Content”). You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer BrainFitLife or the features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it. We appreciate when you provide us feedback through customer service or by email or social features, but we may use any feedback, comments, or suggestions without any obligations to you.

  1. Your License to Use Brain Fit Life

We are providing you with access to BrainFitLife pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. You can use BrainFitLife for personal, non-commercial use only, and subject to the TOS. This license is available to you as long as you are not barred from BrainFitLife by applicable law and your account is not terminated by us or by you. If the TOS are not enforceable where you are located, you may not use BrainFitLife. Amen Ent. reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

  1. Canceling Your Account

While we hope you enjoy using BrainFitLife, you may cancel your account at any time by contacting our customer support team. For information about the availability of refunds, please review our Payment Policy.

  1. Restrictions and Prohibited Uses

BrainFitLife is used by thousands of people, and we are proud of the trust our users place in us. We expect, in turn, that our users do not misuse our products and services. Except with our written permission, you shall not:

  • Attempt to impersonate another person or use another person’s BrainFitLife account information without authorization;
  • Use or distribute BrainFitLife for your own scientific or clinical research purposes;
  • Violate or attempt to violate BrainFitLife’s security features, including logging into a server that you are not authorized to access, or probing the vulnerability of BrainFitLife systems and networks;
  • Redistribute, decompile, reverse engineer, publish, or copy BrainFitLife, including cracking its flash (.SWF) files;
  • Use BrainFitLife for the purpose of creating a product with a substantially similar look, feel or design;
  • Access or search BrainFitLife by any means other than our publicly supported interfaces (for example, “scraping”);
  • Interfere with others’ use and enjoyment of BrainFitLife;
  • Use BrainFitLife or any trademarks, game names, trade names, service marks, copyrights, or logos of BrainMD Health in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
  • Violate any third party’s rights, including intellectual property or privacy rights;
  • Threaten, stalk, harm, or harass others; or engage in activity in connection that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.
  • Engaging in prohibited uses is grounds for immediate termination of your BrainFitLife account, and may also subject you to civil or criminal penalties.

Engaging in prohibited uses is grounds for immediate termination of your Brain Fit Life account, and may also subject you to civil or criminal penalties.

  1. Change of Policy

The TOS may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification on BrainFitLife or by posting an updated TOS on BrainFitLife at least 30 days in advance of the effective date of the updated TOS. Please note that unless otherwise provided by applicable law, your continued use of BrainFitLife following the effective date means that you agree with, and consent to be bound by, the updated TOS.

  1. Disclaimers

YOU AGREE THAT USE OF BRAINFITLIFE IS AT YOUR OWN SOLE RISK AND THAT BRAINFITLIFE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BrainMD Health AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING BRAINFITLIFE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.
BrainMD Health STRIVES TO MAINTAIN BRAINFITLIFE ON A COMMERCIALLY REASONABLE BASIS AND CANNOT GUARANTEE THAT YOU WILL HAVE ACCESS TO BRAINFITLIFE AT ALL TIMES.
BRAINFITLIFE IS NOT A MEDICAL SERVICE AND IS NOT TO BE USED FOR THE PURPOSE OF SEEKING, AND BRAINFITLIFE IS NOT PROVIDING, MEDICAL TREATMENT OR ADVICE.

  1. Limitation of Liability

IN NO EVENT SHALL AMEN ENT. OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO BRAINFITLIFE FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO SUBSCRIBE TO BRAINFITLIFE; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF BRAINFITLIFE; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN AMEN ENT. AND YOU. YOU UNDERSTAND THAT BRAINFITLIFE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.