You deserve transparency into our data use

These Terms of Use (as modified, “Terms”) apply to each visitor (“you” or “your”) that accesses or uses the website, https://braincheck.com (the “Site”), operated by BrainCheck, Inc. (“BrainCheck,” “we,” “us,” or “our”).

Your access and use of the Site and the various other related content, services, features, functions, software, applications and websites available through the Site (together with the Site, collectively the “BrainCheck Services”) are subject to, and governed by, these Terms and all applicable laws, rules, and regulations. Please read these Terms carefully and contact us with any questions that you may have.

By accessing and/or using the Site or any of the other BrainCheck Services, you agree that you have read, understand, and agree to be legally bound by these Terms and BrainCheck’s privacy policy (https://braincheck.com/privacy-policy-website/) (as modified, the “Website Privacy Policy”).  If you do not agree to be bound by these Terms or the Website Privacy Policy, do not access or use the Site or any of the other BrainCheck Services.

The Site and the other BrainCheck Services are offered and available to users who are 18 years of age or older. By using the Site or any of the other BrainCheck Services, you represent and warrant that you are of legal age to form a binding contract with BrainCheck and meet all of the foregoing eligibility requirements. If you do not meet any of these requirements, you must not access or use the Site or any of the other BrainCheck Services.

1. Right to access and use the Site

Subject to the terms and conditions of these Terms, BrainCheck hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-sublicensable, revocable, right to access and use the Site and the other BrainCheck Services, only in accordance with these Terms. This license shall continue until terminated in accordance with these Terms.

Notwithstanding the foregoing, the Site and the other BrainCheck Services are not available where it is illegal to access or use, and BrainCheck reserves the right to refuse and/or cancel access to the Site and the other BrainCheck Services to anyone at its own discretion.

Because of the global nature of the Internet, you agree to comply with all local rules regarding online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access the Site and the other BrainCheck Services.

Except as expressly granted in these Terms, there are no other rights or licenses granted to you, express, implied or by way of estoppel. All rights not granted in these Terms are reserved by BrainCheck and its third-party licensors.

2. Privacy

Any information that you provide during access to, and use, of the Site or any of the other BrainCheck Services is governed by our Website Privacy Policy. By using the Site or any of the other BrainCheck Services, you agree to the collection, use, and sharing, if any, of your information, including any personal information, as set forth in our Website Privacy Policy.  Any dispute over privacy is subject to these Terms and the Website Privacy Policy.

3. Ownership

As between BrainCheck and you, the Site and the other BrainCheck Services and all related intellectual property (e.g., copyrights, trademarks, etc.) are owned by BrainCheck. You do not acquire any right, title, or interest in any content on the Site or any related intellectual property by virtue of accessing or using the Site or any of the other BrainCheck Services.

You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, sell, download, store, provide access to, or transmit any of the materials or content on, or made available through, the Site or any of the other BrainCheck Services, without the prior written consent of BrainCheck, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of the content available through the Site or any of the other BrainCheck Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You shall not:

• Modify copies of any materials or content from the Site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

You must not access or use, for any commercial purposes, any part of the Site or the other BrainCheck Services, without the prior written consent of BrainCheck. If you wish to make any use of the materials or content on the Site or any of the other BrainCheck Services (other than as expressly permitted in this section), please send your request to: Operations@braincheck.com

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site or any of the other BrainCheck Services in breach of these Terms, your right to use the Site and the other BrainCheck Services will terminate immediately and you must, at our option, return or destroy any copies of the materials you have made.

Any use of the Site or any of the other BrainCheck Services not expressly permitted by these Terms is a material breach of these Terms and may violate copyright, trademark, and other laws.

4. Trademarks

The BrainCheck name, the terms, BrainCheck’s trademarks, BrainCheck’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of BrainCheck or its affiliates or licensors. You must not use such marks without the prior written consent of BrainCheck. All other names, logos, product and service names, designs, and slogans on the Site and any of the other BrainCheck Services are the trademarks of their respective owners.

5. Restrictions

You may use the Site and the other BrainCheck Services only for lawful purposes and in accordance with these Terms. You shall not use the Site or any of the other BrainCheck Services:

• 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).
• To transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letter, spam, or any other similar solicitation.
• To impersonate or attempt to impersonate BrainCheck, any BrainCheck personnel, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or any of the other BrainCheck Services, or which, as determined by us, may harm BrainCheck or users of the Site or any of the other BrainCheck Services, or expose them to liability.

In addition, you shall not:

• Use the Site or any of the other BrainCheck Services in any manner that could disable, overburden, damage, or impair the Site or any of the other BrainCheck Services.
• Use any robot, spider, or other automatic device, process, or means to access the Site or any of the other BrainCheck Services for any purpose, including screen scraping, or monitoring or copying any of the materials or content on the Site or any of the other BrainCheck Services.
• Use any manual process to monitor or copy any of the materials or content on the Site or any of the other BrainCheck Services, or for any other purpose not expressly authorized in these Terms, without the prior written consent of BrainCheck.
• 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 Site or any of the other BrainCheck Services, the server on which the Site or any of the other BrainCheck Services are stored, or any server, computer, or database connected to the Site or any of the other BrainCheck Services.
• Attack the Site or any of the other BrainCheck Services via a denial-of-service attack or a distributed denial-of-service attack.
• Remove, obscure, or change any copyright, trademark, hyperlink, or other proprietary rights notices contained within the Site or any of the other BrainCheck Services.
• Modify, adapt, disassemble, decompile, translate, reverse engineer, or otherwise attempt to discover the source code or structure, sequence, and organization of the Site or any of the other BrainCheck Services or any content contained therein.
• Collect any information (including, without limitation, email addresses) about other visitors of the Site or any of the other BrainCheck Services.
• Create or transmit unwanted electronic communications to other visitors of the Site or any of the other BrainCheck Services or otherwise interfere with such visitors’ enjoyment of the Site or any of the other BrainCheck Services.
• Copy, reproduce, modify, create derivative works from, distribute or publicly display any materials or content from the Site or any of the other BrainCheck Services without the prior written consent of BrainCheck.
• Bypass any measures we may use to prevent or restrict access to the Site or any of the other BrainCheck Services.
• Otherwise attempt to interfere with the proper operation of the Site or any of the other BrainCheck Services.

6. Reliance on Information Posted

The information presented on or through the Site or any of the other BrainCheck Services 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 materials by you or any other visitor to the Site or any of the other BrainCheck Services, or by anyone who may be informed of any of its contents.

7. Disclaimer of Warranties; Limitation on Liability

ALL PROVISIONS SET OUT IN THIS SECTION 7 WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

THE SITE AND THE OTHER BRAINCHECK SERVICES, INCLUDING ALL MATERIALS AND CONTENT THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND YOU SHALL USE THE SITE AND THE OTHER BRAINCHECK SERVICES AT YOUR OWN RISK. BRAINCHECK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR ANY OF THE OTHER BRAINCHECK SERVICES, INCLUDING ALL CONTENT THEREIN, IN TERMS OF ITS CORRECTNESS, USEFULNESS, ACCURACY, RELIABILITY, OR OTHERWISE. BRAINCHECK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BRAINCHECK DOES NOT WARRANT THAT THE SITE OR ANY OF THE OTHER BRAINCHECK SERVICES, OR MATERIALS OR CONTENT CONTAINED THEREIN OR THE FUNCTIONS CONTAINED IN THE SITE OR ANY OF THE OTHER BRAINCHECK SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY OF THE OTHER BRAINCHECK SERVICES OR THE SERVERS THAT MAKE THE SITE AND THE OTHER BRAINCHECK SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT BRAINCHECK) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, AND CORRECTION OF ANY OF YOUR SYSTEMS.

BRAINCHECK EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE SITE AND THE OTHER BRAINCHECK SERVICES. IN NO EVENT SHALL BRAINCHECK, ITS PARENT, ITS SUBSIDIARIES OR AFFILIATED COMPANIES, OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “BRAINCHECK RELEASED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES COSTS, OR EXPENSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, RESULTING FROM  (A)  PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (B)  ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR ANY OF THE OTHER BRAINCHECK SERVICES, (C)  ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM, OR VIA THE SITE OR ANY OF THE OTHER BRAINCHECK SERVICES, (D)  ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR ANY OF THE OTHER BRAINCHECK SERVICES BY ANY THIRD PARTY, (E)  ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USE OF THE SITE OR ANY OF THE OTHER BRAINCHECK SERVICES, OR (F)  OTHERWISE RESULTING FROM THE USE OF THE SITE OR ANY OF THE OTHER BRAINCHECK SERVICES. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT THAT ANY OF THE BRAINCHECK RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF, OR IS IN ANY WAY CONNECTED WITH, YOUR ACCESS OR USE OF THE SITE OR ANY OF THE OTHER BRAINCHECK SERVICES, OR ANY MATERIALS OR CONTENT CONTAINED THEREIN, THE MAXIMUM AGGREGATE LIABILITY OF THE BRAINCHECK RELEASED PARTIES SHALL IN NO EVENT EXCEED ONE HUNDRED US DOLLARS (US $100.00).

8. Indemnification

To the fullest extent permitted pursuant to applicable law, you agree that you will defend, indemnify, and hold harmless BrainCheck, its parent, subsidiary and affiliated companies, each of the foregoing entities’ respective  employees, officers, directors, representatives and agents from any and all third-party claims, demands, causes of action, damages, losses, costs, and expenses in any way arising out of your use of the Site or any of the other BrainCheck Services in violation of these Terms, including without limitation (a) all matters related to your access to and use of the Site and any of the other BrainCheck Services, (b) your violation of any provision contained in these Terms; (c) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (d) any claims that your use of the Site or any of the other BrainCheck Services caused damage to a third party, and/or (e) violations of any applicable laws, rules, or regulations from any jurisdiction.

9. Termination; Survival

You agree that BrainCheck, in its sole discretion, for any or no reason, and without penalty, may terminate your use of the Site or any of the other BrainCheck Services. You agree that any termination of your access to the Site or any of the other BrainCheck Services or any portion thereof, may be effected without prior notice, and you agree that BrainCheck will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that BrainCheck may have at law or in equity

Section 2 (Privacy), Section 3 (Ownership), Section 4 (Trademarks), Section 7 (Disclaimer of Warranties; Limitation of Liability), Section 8 (Indemnification), Section 9 (Termination, Survival), Section 10 (Governing Law; Dispute Resolution), Section 12 (General) and Section 13 (Entire Agreement) shall survive the termination of these Terms for any reason. The termination of these Terms shall not effect any rights, remedies or liabilities that accrued prior to the effective date of termination.

10. Governing Law; Dispute Resolution

These Terms and your use of the Site and any of the other BrainCheck Services shall be governed by the laws of the State of Texas, without regard to its conflict of laws principles.

If a dispute arises between you and BrainCheck, BrainCheck strongly encourages you to first contact BrainCheck directly to seek a resolution.

Any dispute that is not resolved by you and BrainCheck shall be determined by, and subject to, the exclusive jurisdiction of, the federal and state courts in Travis County, Texas, and the parties agree to the personal and exclusive jurisdiction of these courts. The parties hereby agree that any such court shall be a proper forum for the determination of any dispute arising hereunder and waive any defenses based upon inconvenient forum or jurisdiction.

EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING

OUT OF OR RELATING TO ANY CLAIM OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT OR ANY STATEMENT OF WORK.

In the event that either party institutes any legal suit, action or proceeding against the other party arising out of or relating to any dispute, the prevailing party in the suit, action or proceeding shall be entitled to receive in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action or proceeding, including reasonable attorneys’ fees and expenses and court costs.

In no event shall any claim, action, or proceeding by you related in any way to the Site or any of the other BrainCheck Services be instituted more than one (1) year after the cause of action arose.

11. Changes to the Terms of Use

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to, and use of, the Site or any of the other BrainCheck Services thereafter.

Your continued use of the Site or any of the other BrainCheck Services following the posting of revised Terms means that you accept and agree to the changes. You are responsible for periodically checking for changes and/or updates to these Terms. You can review the most current version of these Terms at any time on the Site.

12. General

If any provision of these Terms (or part of such provision) is found to be invalid or unenforceable by any court having competent jurisdiction, then that provision (or part of that provision) shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Any invalid or unenforceable (part of the) provision will be replaced by a valid and/or enforceable, as the case may be, (part of the) provision which is as close to the intention of the parties as possible. The failure of BrainCheck to insist upon or enforce any of the provisions of these Terms, or to exercise any rights or remedies under these Terms, will not be construed as a waiver of SiteOwl’s right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. These Terms, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by BrainCheck without restriction. Any assignment attempted to be made in violation of this restriction shall be void. There are no third party beneficiaries under this Agreement.

13. Entire Agreement

These Terms and the Website Privacy Policy constitute the entire agreement between you and BrainCheck with respect to the Site and the other BrainCheck Services and your access and use of the Site or any of the other BrainCheck Services.

14. Questions

If you have any questions regarding these Terms or the Site or any of the other BrainCheck Services, you may contact us at Operations@braincheck.com.

When contacting us for any reason, you must use your own identity at all times and you must ensure that all information you provide is accurate and up to date to the best of your knowledge. Unless you have permission to do so (and can prove this), you must not use information about any other person.

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