BrainReady Pty Ltd provides services to you on our site, located at BrainReady.com (the "Site"), under these terms of use ("Terms"). Please read these Terms carefully. You understand that these Terms govern your use of the Site.
1. Privacy Policy
Your privacy is important to us. All information collected from you in connection with your use of the Site is governed by our Privacy Policy. For more information, please see our Privacy Policy, which is incorporated into these Terms.
2. Modifications to Terms
We may change these Terms from time to time. We will notify you of such changes by posting the amended Terms on the Site. In addition, we may notify you of material changes to these Terms in accordance with our Privacy Policy. These Terms, as amended, will be effective upon acceptance in registration for new users and are otherwise effective for all users 30 days after the posting of any amended terms.
3. Modifications to the Site
We reserve the right to modify the Site or to change or discontinue any of the services offered on the Site with or without notice to you. We shall not be liable to you or to any third party should we exercise our right to modify the Site or to change or discontinue our service offerings. If you object to any change to the Site or our services, your sole recourse will be to discontinue using the Site. Your continued use of any modified service on the Site will indicate your assent to such changes.
4. Restricted Activities
You agree not to use the Site to: (a) violate or encourage the violation of any local, state, national, or international law; (b) stalk, harass, or harm another individual; (c) collect or store personal data about other users of our Site; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) interfere with or disrupt the Site or services or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site. You agree not to use the Site to send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by BrainReady Pty Ltd in its sole discretion.
Without our written consent, you may not: (i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose, any portion of the Site, use of the Site, or access to the Site; (ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (iii) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts, or other automated device) to access the Site or monitor or copy our Web pages or the content contained thereon; (iv) deep link to the Site for any purpose; or (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
5. Your Content
You may submit comments, testimonials, or other content to us (collectively, "Content") via e-mail or blog forum links on the Site. You grant to us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license (with the right to sublicense through multiple tiers) to (a) use, reproduce, distribute, modify, create derivative works of, publicly display, and publicly perform your Content in any media now known or not currently known; and (b) make, have made, sell, offer for sale, import, and otherwise transfer your Content (collectively, "Use"). You retain all ownership rights in and to your Content. Any Use of your Content will be in accordance with our Privacy Policy. Notwithstanding any terms in our Privacy Policy, BrainReady Pty Ltd may post on the Site any testimonial you submit to us. We will attribute your testimonial to you by posting your first and last initial or your first name and last initial next to your testimonial.
6. Third Party Services
BrainReady Pty Ltd provides you with links to third-party Web sites or locations, including service providers ("Provider") such as booksellers, for your convenience only. Our provision of such a link does not signify an endorsement by BrainReady Pty Ltd of the third-party’s Web site or the services offered by such third-party. BrainReady Pty Ltd has no control over, does not review, and cannot be responsible for, these outside Web sites or their content or products. Your use of a third-party Web site will be subject to such third-party’s terms of use and privacy policy. Should you decide to use the services of a Provider, any transaction between you and such Provider (including any agreement governing such transaction) will strictly be between you and the Provider. BrainReady Pty Ltd has no control over the Provider’s performance of its services, and BrainReady Pty Ltd makes no representations or warranties with respect to the Provider’s performance of its services. YOU AGREE THAT BrainReady Pty Ltd WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH TRANSACTION WITH A PROVIDER.
7. Services Provided by Co-Branding Partners
Portions of the Site contain links to Web sites hosted by our co-branding partners ("Co-Branders"). Information and services provided by Co-Branders on their Web sites are governed by such Co-Brander’s terms of use and privacy policy. Our provision of a link to a Co-Brander’s Web site is for your convenience only, and BrainReady Pty Ltd has no control over and cannot be responsible for any content provided by a Co-Brander on such Web sites.
8. Termination
We may terminate your use of the Site without prior notice for any reason, in our sole discretion, including without limitation, if we believe that you have violated these Terms. You may discontinue your access to the Site at any time.
9. Medical Disclaimer
All information on the Site is of a general nature and is furnished for educational purposes only. No information contained on the Site or in any e-mail sent to you by BrainReady Pty Ltd ("BrainReady Pty Ltd Content") is to be taken as medical or other health advice pertaining to any individual’s specific health or medical condition. Although we make an effort to provide quality information to you, BrainReady Pty Ltd disclaims any implied guarantee regarding the accuracy, completeness, timeliness, or relevance of any BrainReady Pty Ltd Content. The BrainReady Pty Ltd Content is not a diagnosis, treatment plan, or recommendation for a particular course of action regarding your health and is not intended to provide specific medical advice. It remains your responsibility to evaluate the accuracy, completeness, and usefulness of all BrainReady Pty Ltd Content.
BrainReady Pty Ltd is not engaged in rendering medical or professional services. The BrainReady Pty Ltd Content is not a substitute for the diagnosis and advice of your health care professional and the BrainReady Pty Ltd Content must not be used in place of such diagnosis and advice. Do not delay seeking the diagnosis and advice of your health care professional because of anything you may have read or interpreted in the BrainReady Pty Ltd Content. Consult your health care professional before practicing any recommendations or acting on any BrainReady Pty Ltd Content. The BrainReady Pty Ltd Content is not to be interpreted as advocating the self-management of your medical condition(s) or those of your family.
YOU ACKNOWLEDGE THAT BrainReady Pty Ltd IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT ALL DECISIONS MADE USING THE BrainReady Pty Ltd CONTENT WILL BE THE EXCLUSIVE RESPONSIBILITY OF YOU AND YOUR PHYSICIAN. BrainReady Pty Ltd EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY ADVERSE CONSEQUENCES OR DAMAGES RESULTING FROM YOUR RELIANCE ON THE BrainReady Pty Ltd CONTENT. You agree, at your expense, to indemnify and hold BrainReady Pty Ltd harmless from any and all losses, liabilities, or damages resulting from any and all claims, causes of action, suits, proceedings, or demands against BrainReady Pty Ltd arising from or related to decisions or recommendations you make using the BrainReady Pty Ltd Content.
10. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BrainReady Pty Ltd EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE OR THE BrainReady Pty Ltd CONTENT.
BrainReady Pty Ltd MAKES NO WARRANTY THAT THE SERVICES PROVIDED ON THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES BrainReady Pty Ltd MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE BrainReady Pty Ltd CONTENT OR THAT DEFECTS IN THE SITE OR THE BrainReady Pty Ltd CONTENT WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.
11. Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BrainReady Pty Ltd OR ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, PARTNERS, AGENTS, ADVISORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE BrainReady Pty Ltd CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. The aggregate liability of BrainReady Pty Ltd to you for all claims arising from or related to the Site or the BrainReady Pty Ltd Content is limited to the lesser of the fees paid by you to BrainReady Pty Ltd for services provided on the Site or five dollars ($5.00).
12. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
13. Indemnification
You agree to indemnify, defend, and hold harmless BrainReady Pty Ltd, and its partners, employees, advisors, officers, directors, consultants, agents, and affiliates from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from (1) your Content and any information you submit, post, or transmit through our Site, (2) your use of the Site or the BrainReady Pty Ltd Content, (3) your violation of these Terms, (4) your violation of any rights of any other person or entity, or (5) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the Site.
14. Intellectual Property
BrainReady Pty Ltd grants to you a non-exclusive right and license to reproduce the BrainReady Pty Ltd Content for your personal use only. Except for the limited license granted to you in this Section 14, nothing contained on the Site, in the BrainReady Pty Ltd Content, or in these Terms shall be construed as to grant any property rights, by license or otherwise, to any invention or any BrainReady Pty Ltd patent, copyright, trademark, or other intellectual property rights.
Trademarks
BrainReady, BrainFlex, BrainCasts, BrainReady Pty Ltd are trademarks of BrainReady Pty Ltd. All images, text, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall look and distinctiveness of the Site constitute trade dress and are the property of Queensland. Any use of such trademarks, service marks, registered or pending, and/or trade dress without the prior written consent of BrainReady Pty Ltd is expressly forbidden. Any other trademarks or service marks appearing anywhere on this site are the property of their respective owners.
Copyright
The Site, the BrainReady Pty Ltd Content, and all images, text, databases, software, code, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall look and distinctiveness of the Site are the exclusive property of Queensland and its licensors, and are protected by Australian and international copyright laws. The BrainReady Pty Ltd Content and any other content on the Site may be used for informational purposes only. Any other use of the BrainReady Pty Ltd Content or such other contents on the Site without the prior written consent of BrainReady Pty Ltd is expressly forbidden. The reproduction, distribution, transmission, sale, transfer, creation of derivative works, modification, public display, public performance, publication, or any commercial exploitation of the contents of the Site or the BrainReady Pty Ltd Content is expressly prohibited without the prior written consent of BrainReady Pty Ltd.
15. Dispute Resolution
Any claim, dispute, or controversy arising out of the Terms, the services provided on the Site, or the BrainReady Pty Ltd Content ("Claims") shall be resolved by final and binding arbitration before a single arbitrator ("Arbitrator") selected from and administered by the American Arbitration Association in accordance with its applicable rules. The arbitration hearing shall be held in Brisbane, Queensland. The prevailing party shall be entitled to reimbursement from the other party of its reasonable attorney's fees, costs, and disbursements arising out of the arbitration. Either you or BrainReady Pty Ltd may seek interim or preliminary injunctive relief from a court of competent jurisdiction in Brisbane, Queensland as necessary to protect the rights or property of you or BrainReady Pty Ltd pending the completion of any arbitration proceeding.
16. General
The Terms constitute the entire and exclusive and final statement of the agreement between you and BrainReady Pty Ltd with respect to the subject matter hereof, and govern your use of the Site, superseding any prior agreements or negotiations between you and BrainReady Pty Ltd with respect to the subject matter hereof. The Terms and the relationship between you and BrainReady Pty Ltd shall be governed by the laws of the State of Queensland, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state.
BrainReady Pty Ltd's failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found to be invalid by either a court of competent jurisdiction or the Arbitrator, you and BrainReady Pty Ltd nevertheless agree that the court or the Arbitrator should endeavor to give effect to your and BrainReady Pty Ltd's intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. Sections 5 through 16 shall survive any expiration or termination of the Terms.